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Reconsidering the Clean Power Plan [October 25, 2017]
"On October 10, 2017, the U.S. Environmental Protection Agency (EPA) proposed to repeal the Clean Power Plan (CPP), an Obama Administration rule that would limit carbon dioxide (CO2) emissions from existing fossil-fuel-fired power plants. Because power plant CO2 emissions account for about 30% of total U.S. anthropogenic emissions of greenhouse gases (GHGs), the CPP has been seen as the most important U.S. regulation addressing climate change. [...] Members of Congress may have an interest--for legislative and oversight purposes, as potential commenters, and in responding to constituents--in understanding what it is that EPA has proposed to do with regard to the CPP. This report provides background on the CPP and its proposed repeal, describes the administrative steps that are required to repeal or amend a rule, and discusses how the CPP and its proposed repeal fit into the context of recent and projected power sector evolution."
Library of Congress. Congressional Research Service
McCarthy, James E.
2017-10-25
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Clean Air Act: A Summary of the Act and Its Major Requirements [Updated February 25, 2020]
From the Summary: "This report summarizes the Clean Air Act and its major regulatory requirements. The principal statute addressing air quality concerns, the Clean Air Act was first enacted in 1955, with major revisions in 1970, 1977, and 1990. [...] This report describes the act's major provisions and provides tables listing all major amendments, with the year of enactment and Public Law number, and cross-referencing sections of the act with the major U.S. Code sections of the codified statute."
Library of Congress. Congressional Research Service
Shouse, Kate C.; Lattanzio, Richard K.; McCarthy, James E. . . .
2020-02-25
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Clean Air Act Issues in the 116th Congress [January 3, 2019]
"Review of regulations issued under the Obama Administration, with the possibility of their modification or repeal, was the main focus of interest on Clean Air Act issues in the 115th Congress and in the executive and judicial branches in 2017 and 2018. This will likely continue in the 116th Congress--although with a different emphasis, given the new majority in the House. U.S. Environmental Protection Agency (EPA) rules to regulate greenhouse gas (GHG) emissions from power plants, cars and trucks, and the oil and gas sector have been of particular interest."
Library of Congress. Congressional Research Service
McCarthy, James E.; Shouse, Kate C.; Lattanzio, Richard K.
2019-01-03
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Clean Air Act Issues in the 116th Congress [Updated April 18, 2019]
From the Introduction: "Review of Clean Air Act regulations issued under the Obama Administration, with the possibility of their modification or repeal, has been a major focus of the Trump Administration since it took office in 2017. The U.S. Environmental Protection Agency (EPA) has conducted these reviews as part of the Trump Administration's 'regulatory reform' initiative under which the Administration has directed federal agencies to evaluate existing regulations and identify those that should be considered for replacement, repeal, or modification. In addition, Executive Order (E.O.) 13783 has directed EPA and other federal agencies to review existing regulations and policies that 'potentially burden the development or use of domestically produced energy resources' for consistency with policies that the E.O. enumerates, and as soon as practicable, to 'suspend, revise, or rescind the guidance, or publish for notice and comment proposed rules suspending, revising, or rescinding those rules.' EPA rules to regulate greenhouse gas (GHG) emissions from power plants, cars and trucks, and the oil and gas sector have been of particular interest."
Library of Congress. Congressional Research Service
McCarthy, James E.; Shouse, Kate C.; Lattannzio, Richard K.
2019-04-18
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Air Quality Standards and Sound Science: What Role for CASAC? [Updated September 18, 2007]
"As the Environmental Protection Agency (EPA) completes its reviews of the ozone, particulate matter (PM), and lead air quality standards -- the PM review was completed in September 2006, and the ozone and lead reviews are due for completion in March and September 2008, respectively -- the Clean Air Scientific Advisory Committee (CASAC), an independent committee of scientists that advises the agency's Administrator, has been sharply critical of several of EPA's decisions. CASAC was established by statute in 1977. Its members, largely from academia and from private research institutes, are appointed by the EPA Administrator. They review the agency's work in setting National Ambient Air Quality Standards (NAAQS), relying on panels of the nation's leading experts on the health and environmental effects of the specific pollutants. CASAC panels have a nearly 30- year history of working quietly in the background, issuing what were called 'closure letters' on agency documents that summarize the science and the policy options behind the NAAQS. The science and policy documents, written by EPA staff, generally have gone through several iterations before the scientists were satisfied, but, with the issuance of a closure letter, CASAC has in past years removed itself from the process, leaving the final choice of standards to the Administrator."
Library of Congress. Congressional Research Service
McCarthy, James E.
2007-09-18
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Air Quality: EPA's 2006 Changes to the Particulate Matter (PM) Standard [Updated March 14, 2007]
"On October 17, 2006, the EPA published its final revisions to the National Ambient Air Quality Standards (NAAQS) for particulate matter (particulates, or PM). The EPA reviewed more than 2,000 scientific studies and found that the evidence continued to support associations between exposure to particulates in ambient air and numerous significant health problems, including aggravated asthma, chronic bronchitis, reduced lung function, heart attacks, and premature death in people with heart or lung disease. Based on several analytical approaches, the EPA estimated that compliance with the new NAAQS will prevent 1,200 to 13,000 premature deaths annually, as well as substantial numbers of hospital admissions and missed work or school days due to illness. Although a tightening of the standards, the new particulates NAAQS are not as stringent as recommended by EPA staff or the independent scientific advisory committee (Clean Air Scientific Advisory Committee, or CASAC) mandated under the Clean Air Act. The new particulates NAAQS strengthen the pre-existing (1997) standard for "fine" particulate matter 2.5 micrometers or less in diameter (PM2.5) by lowering the allowable daily concentration of PM2.5 in the air. The new daily standard averaged over 24-hour periods is reduced from 65 micrograms per cubic meter (µg/m3) to 35 µg/m3."
Library of Congress. Congressional Research Service
McCarthy, James E.; Esworthy, Robert
2007-03-14
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Clean Air Act Issues in the 109th Congress [Updated November 25, 2005]
"Congress acted on several Clean Air Act (CAA) issues in legislation that it passed and sent to the President in late July. The most significant of these issues, dealing with ethanol and reformulated gasoline (RFG), were addressed in the Energy Policy Act of 2005, H.R. 6 (P.L. 109-58). The act eliminates a requirement that RFG, used in the nations most polluted areas, contain at least 2% oxygen. In its place, the act requires that the total gasoline supply 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 (P.L. 109-59), the transportation bill that the President signed August 10. 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 act, 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."
Library of Congress. Congressional Research Service
McCarthy, James E.
2005-11-25
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Implementing EPA's 2015 Ozone Air Quality Standards [April 17, 2018]
"Implementation of revised ozone standards by the U.S. Environmental Protection Agency (EPA) is in limbo. EPA finalized the revised standards--formally known as National Ambient Air Quality Standards (NAAQS) for ground-level ozone--in October 2015. Under a statutory deadline, the agency was to have identified areas that exceed the standards by October 1, 2017. The agency did not do so. Missing such a deadline is not unusual: EPA has frequently missed such deadlines under both Republican and Democratic Administrations. But the agency has displayed a notable degree of uncertainty as it has delayed implementation of the 2015 standards over the past year. In April 2017, EPA announced that it would reconsider the standards but gave no schedule for doing so. In June, it announced that it would delay the designation of nonattainment areas for a year, only to reverse course two months later. In November, EPA released a list of 2,646 counties that it was designating as 'attainment/unclassifiable,' but it took no action regarding 493 counties that include those most likely to be in nonattainment of the standards. Most recently, a court has imposed an April 2018 deadline for completing the designation process."
Library of Congress. Congressional Research Service
McCarthy, James E.; Shouse, Kate C.
2018-04-17
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Ozone Air Quality Standards: EPA's 2015 Revision [October 3, 2014]
"The Environmental Protection Agency (EPA) is nearing the end of a statutorily required review of the National Ambient Air Quality Standards (NAAQS) for ground-level ozone. The agency is under a court order to propose any revisions to the standard by December 1, 2014. NAAQS are standards for outdoor (ambient) air that are intended to protect public health and welfare from harmful concentrations of pollution. If the EPA Administrator changes the primary standard to a lower level, she would be concluding that protecting public health requires lower concentrations of ozone pollution than were previously judged to be safe. In high enough concentrations, ozone aggravates heart and lung diseases and may contribute to premature death. Ozone also can have negative effects on forests and crop yields, which the secondary (welfare-based) NAAQS is intended to protect. As of July 2014, 123 million people (40% of the U.S. population) lived in areas classified 'nonattainment' for the primary ozone NAAQS. A more stringent standard might affect more areas, and sources that contribute to nonattainment might have to adopt more stringent emission controls. This could be costly: in 2011, EPA concluded that the annual cost of emission controls necessary to attain a primary NAAQS of 0.070 ppm (as opposed to the then-current standard of 0.075 parts per million, which remains in place today) would be at least $11 billion in 2020."
Library of Congress. Congressional Research Service
McCarthy, James E.
2014-10-03
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Ozone Air Quality Standards: EPA's Proposed Changes [June 20, 2007]
"EPA [Environmental Protection Agency] is expected to propose changes to the National Ambient Air Quality Standard for ozone on June 20, 2007. The proposal follows a multi-year review of the science regarding ozone's effects on public health and welfare. If the agency decides to strengthen the standard, it will set in motion a long and complicated implementation process that has far-reaching impacts for public health, for sources of pollution in numerous economic sectors, and for states and local governments. This report discusses the standard-setting process and the specifics of the ozone standard, and describes the steps that will follow EPA's proposal."
Library of Congress. Congressional Research Service
McCarthy, James E.
2007-06-20
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Ozone Air Quality Standards: EPA's 2015 Revision [January 25, 2016]
From the Summary: "On October 1, 2015, the Environmental Protection Agency (EPA) finalized revisions to the National Ambient Air Quality Standards (NAAQS) for ground-level ozone. The rule sets more stringent standards, lowering both the primary (health-based) and secondary (welfare-based) standards from 75 parts per billion (ppb) to 70 ppb. This report discusses the standard-setting process, the specifics of the most recent reviews, and issues raised by the final rulemaking."
Library of Congress. Congressional Research Service
McCarthy, James E.; Lattanzio, Richard K.
2016-01-25
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Ozone Air Quality Standards: EPA's 2015 Revision [January 5, 2015]
"On November 26, 2014, the Environmental Protection Agency (EPA) announced proposed revisions to the National Ambient Air Quality Standards (NAAQS) for ground-level ozone. If finalized, the proposal would set more stringent standards, lowering both the primary (healthbased) and secondary (welfare-based) standards from the current 75 parts per billion (ppb) to somewhere in a range of 65 to 70 ppb. This report discusses the standard-setting process, the specifics of the current and past reviews, and issues raised by the proposal. NAAQS are standards for outdoor (ambient) air that are intended to protect public health and welfare from harmful concentrations of pollution. If EPA changes the primary standard for ozone to a lower level, it would be concluding that protecting public health requires lower concentrations of ozone pollution than were previously judged to be safe. In high enough concentrations, ozone aggravates heart and lung diseases and may contribute to premature death. Ozone also can have negative effects on forests and crop yields, which the secondary (welfarebased) NAAQS is intended to protect. NAAQS do not directly limit emissions of a pollutant; rather, they set in motion a long process in which states and EPA identify areas that do not meet the standards, and states prepare implementation plans to demonstrate how emissions will be lowered sufficiently to reach attainment."
Library of Congress. Congressional Research Service
McCarthy, James E.
2015-01-05
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Costs and Benefits of Clear Skies: EPA's Analysis of Multi-Pollutant Clean Air Bills [November 23, 2005]
"The electric utility industry is a major source of air pollution, particularly sulfur dioxide (SO2), nitrogen oxides (NOx), and mercury (Hg), as well as suspected greenhouse gases, particularly carbon dioxide (CO2). On October 27, 2005, the Environmental Protection Agency (EPA) released a long-awaited analysis comparing the costs and benefits of alternative approaches to controlling this pollution. The alternative schemes focus on using market-oriented mechanisms directed at multiple pollutants to achieve health and environmental goals. The new analysis compares four versions of the Administration-based "Clear Skies" proposal to bills introduced by Senator Jeffords (S. 150) and Senator Carper (S. 843 of the 108th Congress), which would impose more stringent requirements. This report, which will not be updated, examines EPA's analysis and adjusts some of its assumptions to reflect current regulations. The most important adjustment is the choice of baseline. The agency's analysis assumes as a baseline that, in the absence of new federal legislation, EPA and the states will take no additional action to control SO2, NOx, Hg, or CO2 emissions beyond those actions finalized by mid-2004. This baseline is put forth despite three rules recently promulgated by EPA that limit SO2, NOx, and Hg emissions on a timeframe similar to that proposed by the Clear Skies legislation."
Library of Congress. Congressional Research Service
McCarthy, James E.; Parker, Larry, 1954-
2005-11-23
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Clean Air Issues in the 111th Congress [January 16, 2009]
"Attention to air quality issues in the 111th Congress is expected to focus on climate change and the regulation of emissions from electric utilities. The last Congress devoted considerable attention to climate change: hearings were held by at least 10 committees, and 17 bills to cap emissions of greenhouse gases (GHGs) were introduced. Legislation was not enacted: a combination of opposition within the Congress and the opposition of the Bush Administration to anything beyond research and voluntary emission reductions caused Congress to move on to other issues. With fewer opponents of climate legislation in the 111th Congress and an incoming Administration committed to action on the issue, both the House and Senate are expected to begin moving climate legislation this year. Congress may also address several issues related to emissions of conventional pollutants (sulfur dioxide and nitrogen oxides) and mercury from electric utilities. Regulations addressing these emissions were vacated by the D.C. Circuit Court of Appeals in 2008, leaving major gaps in EPA and state regulations. While EPA can develop new regulations that address the court's concerns, legislation might provide a quicker and more straightforward solution, resolving ambiguities in current law and reducing the likelihood of further delays from litigation."
Library of Congress. Congressional Research Service
McCarthy, James E.
2009-01-16
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Cars and Climate: What Can EPA Do to Control Greenhouse Gases from Mobile Sources? [December 9, 2009]
"In the 111th Congress, climate change legislation is among the leadership's highest priorities. With the inauguration of President Obama, there is a proponent of greenhouse gas (GHG) legislation in the White House, as well, markedly improving the prospects for enacting some sort of legislation to reduce GHG emissions. The President has said that a new energy, environment, and climate policy will be 'a leading priority of my presidency, and a defining test of our time.' Not all parties are in agreement that controls on GHGs are desirable. Some argue that the science behind climate change is too uncertain; they oppose controls unless, at some future time, more is known about trends in climate variables and the impact of specific pollutants. Others, who agree in principle that the science dictates GHG reductions be made, raise a number of arguments, including issues concerning international commitments (i.e., whether China, India, and other developing countries will be subject to binding agreements) and the timing of a control regime (e.g., whether a major regulatory initiative is appropriate during the worst economic climate since the Great Depression). Still others can be expected to raise objections about the form and substance of specific legislative proposals, many of which are among the broadest regulatory measures that Congress has ever considered. Proponents of legislation counter that the threat of climate change is too important for action to be delayed, and that energy-efficiency and lower GHG emissions can be the building blocks of a program to restore the economy as well as to protect the environment."
Library of Congress. Congressional Research Service
McCarthy, James E.
2009-12-09
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Environmental Laws: Summaries of Major Statutes Administered by the Environmental Protection Agency [Updated February 28, 2007]
"The authorities and responsibilities of the Environmental Protection Agency (EPA) derive primarily from a dozen major environmental statutes. This report, updated at the beginning of each Congress, provides a brief summary of EPA's present major authorities and responsibilities. It abstracts EPA-administered statutes, with each chapter providing a discrete analysis. It also explains how each act is structured, defines key terms, and reports the current authorization status of each act. The overall strategy of pollution control and the major programs authorized by each act are discussed. At the beginning of each chapter is a list of all major amendments to the parent statute, while the final table in each chapter cites the major 'U.S. Code' sections of the codified statute, offering ready reference to the codified sections. Table 1 shows the current status of statutory authorizations for appropriations. While these summaries outline the major provisions of each statute, they necessarily omit many details and secondary provisions, and even some major components are only briefly mentioned. Moreover, this report describes the statutes without discussing their implementation. For example, statutory deadlines to control pollutant discharges and achieve particular mandates have often been missed as a result of delayed standard setting by EPA. Other CRS [Congressional Research Service] reports discuss current developments and analyze implementation and associated regulations for many of the individual laws covered in this report."
Library of Congress. Congressional Research Service
Fletcher, Susan R.; Copeland, Claudia; Luther, Linda G. . . .
2007-02-28
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Climate Change: Potential Regulation of Stationary Greenhouse Gas Sources Under the Clean Air Act [May 14, 2009]
"In the 111th Congress, both the House and Senate committees of jurisdiction are expected to give climate change legislation high priority. The House Energy and Commerce Committee has already held hearings on draft legislation, and expects to hold markup before Memorial Day. The schedule for Senate action is less certain, but presumably it will follow House consideration. With the inauguration of President Obama, there is a proponent of greenhouse gas (GHG) legislation in the White House, as well, markedly increasing the probability for enacting some sort of legislation to reduce GHG emissions. The President has said that a new energy, environment, and climate policy will be 'a leading priority of my presidency, and a defining test of our time.' Although new legislation to address greenhouse gases is a leading priority of the President and many members of Congress, the ability to limit these emissions already exists under various Clean Air Act (CAA) authorities that Congress has enacted, a point underlined by the Supreme Court in an April 2007 decision (discussed below). Indeed, the U.S. Environmental Protection Agency (EPA) has already begun the process that could lead to greenhouse gas regulations for mobile sources in response to court decisions. […] This report discusses three major paths and two alternate paths of statutory authorities that have been identified by EPA and others as possible avenues the agency might take in addressing greenhouse gas emissions under existing CAA provisions. After discussing the approaches, we identify categories of control options EPA could consider, including an EPA-coordinated cap-and-trade program. Then we discuss the administrative difficulties in using the Clean Air Act for greenhouse gas control, particularly New Source Review and Title V permitting requirements. Finally, we conclude by putting the issue into the context of previous environmental challenges the CAA has faced."
Library of Congress. Congressional Research Service
Parker, Larry, 1954-; McCarthy, James E.
2009-05-14
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Clear Air Act: A Summary of the Act and Its Major Requirements [Updated May 9, 2005]
"This report summarizes the Clean Air Act and its major regulatory requirements. It excerpts, with minor modifications, the Clean Air Act chapter of CRS [Congressional Research Service] Report RL30798, which summarizes a dozen environmental statutes that form the basis for the programs of the Environmental Protection Agency. The principal statute addressing air quality concerns, the Clean Air Act was first enacted in 1955, with major revisions in 1970, 1977, and 1990. The Act requires EPA to set health-based standards for ambient air quality, sets deadlines for the achievement of those standards by state and local governments, and requires EPA to set national emission standards for large or ubiquitous sources of air pollution, including motor vehicles, power plants, and other industrial sources. In addition, the Act mandates emission controls for sources of 188 hazardous air pollutants, requires the prevention of significant deterioration of air quality in areas with clean air, requires a program to restore visibility impaired by regional haze in national parks and wilderness areas, and implements the Montreal Protocol to phase out most ozone-depleting chemicals. This report describes the Act's major provisions and provides tables listing all major amendments, with the year of enactment and Public Law number, and cross-referencing sections of the Act with the major U.S. Code sections of the codified statute."
Library of Congress. Congressional Research Service
McCarthy, James E.
2005-05-09
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Environmental Protection Issues in the 109th Congress [Updated August 21, 2006]
"Environmental protection concerns span a wide variety of issues, including clean air, water quality, chemical security, and environmental aspects of other major issue areas, such as energy, transportation, disaster relief and cleanup, and defense. This report provides an overview of key environmental issues receiving attention in the 109th Congress. A number of environmental measures have been the subject of congressional activity, some of them as part of comprehensive bills and laws on broader subjects such as energy and transportation. On August 8, 2005, President Bush signed P.L. 109-58 (H.R. 6), the Energy Policy Act of 2005, an omnibus energy package that contains numerous environmentally related provisions. Perhaps the most important include a renewable fuel standard and streamlined environmental permitting. On August 10, 2005, the President signed the transportation reauthorization bill, P.L. 109-59. This law, the Safe, Accountable, Flexible and Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), contains various environmental provisions."
Library of Congress. Congressional Research Service
Fletcher, Susan R.; Isler, Margaret; Bearden, David M. . . .
2006-08-21
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Environmental Protection Issues in the 109th Congress [June 23, 2006]
"Environmental protection concerns span a wide variety of issues, including clean air, water quality, chemical security, and environmental aspects of other major issue areas, such as energy, transportation, disaster relief and cleanup, and defense. This report provides an overview of key environmental issues receiving attention in the 109th Congress. A number of environmental measures have been the subject of congressional activity, some of them as part of comprehensive bills and laws on broader subjects such as energy and transportation. On August 8, 2005, President Bush signed P.L. 109-58 (H.R. 6), the Energy Policy Act of 2005, an omnibus energy package that contains numerous environmentally related provisions. Perhaps the most important include a renewable fuel standard and streamlined environmental permitting. On August 10, 2005, the President signed the transportation reauthorization bill, P.L. 109-59. This law, the Safe, Accountable, Flexible and Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), contains various environmental provisions. Appropriations for the Environmental Protection Agency (EPA) affect many of the programs and issues discussed in this report."
Library of Congress. Congressional Research Service
Fletcher, Susan R.; Isler, Margaret; Bearden, David M. . . .
2006-06-23
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EPA Regulation of Greenhouse Gases: Congressional Responses and Options [June 8, 2010]
"The Environmental Protection Agency's promulgation of an 'endangerment finding' for greenhouse gas (GHG) emissions in December 2009, and its subsequent promulgation of GHG emission standards for new motor vehicles on April 1, 2010, have raised concerns among some in Congress that the agency will now proceed to control GHG emissions from stationary sources, including power plants, manufacturing facilities, and others. Stationary sources account for 69% of U.S. emissions of greenhouse gases. If the United States is to reduce its total GHG emissions, as President Obama has committed to do, it will be necessary to address these sources. EPA's regulations limiting GHG emissions from new cars and light trucks will trigger at least two other Clean Air Act (CAA) provisions affecting stationary sources of air pollution. First, effective January 2, 2011, new or modified major stationary sources will have to undergo New Source Review (NSR) with respect to their GHGs in addition to any other pollutants subject to regulation under the CAA that are emitted by the source. This review will require affected sources to install Best Available Control Technology (BACT) to address their GHG emissions. Second, all major sources of GHGs (existing and new) will have to obtain permits under Title V of the CAA (or have existing permits modified to include their GHG requirements). Beyond these permitting requirements, because stationary sources, particularly coal-fired power plants, are the largest sources of greenhouse gas emissions, EPA is likely to find itself compelled to issue endangerment findings under other parts of the act, resulting in New Source Performance Standards for stationary sources or emission standards under other sections of the act. EPA shares congressional concerns about the potentially broad scope of these regulations, primarily because a literal reading of the act might require as many as 6 million stationary sources to obtain permits. Thus, on May 13, 2010, the agency finalized a 'Tailoring Rule' so that it can focus its resources on the largest emitters while deciding over a six-year period what to do about smaller sources. The agency is still in the process of developing recommendations on what the BACT requirements will be and expects to issue guidance on that in the fall of 2010."
Library of Congress. Congressional Research Service
McCarthy, James E.; Parker, Larry, 1954-
2010-06-08
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Clean Air Issues in the 113th Congress: An Overview [March 10, 2014]
"Air quality has improved substantially in the United States in the 40 years of EPA's Clean Air Act (CAA) regulation. According to the agency's science advisers and others, however, more needs to be done to protect public health and the environment from the effects of air pollution. Thus, the agency continues to promulgate regulations using authority given it by Congress in CAA amendments more than 20 years ago. Members of Congress from both parties have raised questions about the cost-effectiveness of some of these regulations and/or whether the agency has exceeded statutory authority in promulgating them. Others in Congress have supported EPA, noting that the Clean Air Act, often affirmed in court decisions, has authorized or required the agency's actions. EPA's regulatory actions on GHG [Greenhouse Gas] emissions are the main focus of congressional CAA interest. Although the Obama Administration has consistently said it would prefer that Congress pass new legislation to address climate change, such legislation now appears unlikely. Instead, over the last four years, EPA has developed GHG emission standards using its existing CAA authority. Relying on a finding that GHGs endanger public health and welfare, the agency promulgated GHG emission standards for cars and light trucks on May 7, 2010, and again on October 15, 2012, and for larger trucks on September 15, 2011. The agency subsequently turned its attention to major stationary sources of GHGs (power plants, manufacturing facilities, etc.) and a second round of standards for medium- and heavy-duty trucks."
Library of Congress. Congressional Research Service
McCarthy, James E.
2014-03-10
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Cars, Trucks, and Climate: EPA Regulation of Greenhouse Gases from Mobile Sources [March 13, 2014]
"On February 18, 2014, President Obama directed the Environmental Protection Agency (EPA) and the National Highway Traffic Safety Administration (NHTSA) to develop a second round of greenhouse gas (GHG) emission and fuel economy standards for medium- and heavy-duty trucks. The standards, which will affect trucks beginning with the 2019 model year, are to be proposed by March 2015 and finalized a year later. The standards will be the fourth set of GHG emission standards for mobile sources. Under standards promulgated in October 2012, GHG emissions from new cars and light trucks (i.e., SUVs, minivans, and most pickup trucks) will be phased in, beginning with model year (MY) 2017. When fully phased in (2025), emissions will be reduced about 50% compared to 2010, and average fuel economy (CAFE) standards will rise to nearly 50 miles per gallon. EPA had previously set GHG emission standards for MY2012-2016 cars and light trucks and for MY2014- MY2018 medium- and heavy-duty trucks. These steps have been taken as the Congress (particularly the House) and the Administration have reached an impasse over climate issues. The Administration has made clear that its preference would be for Congress to address the climate issue through new legislation. Nevertheless, in the wake of a 2007 Supreme Court decision, it has moved forward on several fronts to define how the Clean Air Act (CAA) will be used, and to promulgate regulations."
Library of Congress. Congressional Research Service
Yacobucci, Brent D.; McCarthy, James E.
2014-03-13
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EPA's Proposed Greenhouse Gas Regulations for Existing Power Plants: Frequently Asked Questions [June 9, 2014]
"Taking action to address climate change by reducing U.S. emissions of greenhouse gases (GHGs) is among President Obama's major goals. At an international conference in Copenhagen in 2009, he committed the United States to reducing emissions of greenhouse gases 17% by 2020, as compared to 2005 levels. At the time, 85 other nations also committed to reductions. […] In June 2013, the President released a Climate Action Plan that addressed this and other climate issues. At the same time, he directed the Environmental Protection Agency (EPA) to propose standards for 'carbon pollution' (i.e., carbon dioxide, the principal GHG) from existing power plants by June of this year and to finalize them in June 2015. Under the President's timetable, by June 2016, states would be required to submit to EPA plans to implement the standards. […] This report summarizes EPA's proposal and answers many of these questions. In addition to discussing details of the proposed rule, the report addresses a number of questions regarding the reasons EPA is proposing this rule; EPA's authority under Section 111 of the CAA [Clean Air Act]; EPA's previous experience using that authority; the steps the agency must take to finalize the proposed rule; and other background questions."
Library of Congress. Congressional Research Service
McCarthy, James E.; Meltz, Robert; Leggett, Jane A. . . .
2014-06-09
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Clean Air Issues in the 113th Congress: An Overview [May 8, 2014]
"As the 113th Congress continues consideration of air quality issues, oversight of Environmental Protection Agency (EPA) regulatory actions is expected to remain the main focus. Of particular interest are EPA's Clean Air Act regulations on emissions of greenhouse gases. President Obama's June 25, 2013, announcement of initiatives to address climate change and EPA's subsequent proposal of GHG emission standards for new fossil-fueled power plants sparked renewed interest in the issue. Air quality has improved substantially in the United States in the 40 years of EPA's Clean Air Act (CAA) regulation. According to the agency's science advisers and others, however, more needs to be done to protect public health and the environment from the effects of air pollution. Thus, the agency continues to promulgate regulations using authority given it by Congress in CAA amendments more than 20 years ago. Members of Congress from both parties have raised questions about the cost-effectiveness of some of these regulations and/or whether the agency has exceeded statutory authority in promulgating them. Others in Congress have supported EPA, noting that the Clean Air Act, often affirmed in court decisions, has authorized or required the agency's actions. EPA's regulatory actions on GHG emissions are the main focus of congressional CAA interest. Although the Obama Administration has consistently said it would prefer that Congress pass new legislation to address climate change, in the absence of such legislation, EPA has developed GHG emission standards using its existing CAA authority."
Library of Congress. Congressional Research Service
McCarthy, James E.
2014-05-08
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EPA's Proposed Wood Stove / Wood Heater Regulations: Frequently Asked Questions [April 29, 2014]
"On January 3, 2014, the Environmental Protection Agency (EPA) released proposed emission standards for new residential wood heaters, the most common of which are wood stoves, pellet stoves, hydronic heaters, and forced air furnaces. The proposal, which would revise standards for wood stoves and pellet stoves and establish standards for other types of wood heaters for the first time, appeared in the Federal Register on February 3. This began a public comment period that is scheduled to run until May 5, 2014. […] This report addresses some of the most frequent questions raised concerning the proposal, in order to provide basic information about EPA's action, its potential impacts, and industry and other reactions to the rule."
Library of Congress. Congressional Research Service
McCarthy, James E.
2014-04-29
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EPA's Proposed Greenhouse Gas Regulations for Existing Power Plants: Frequently Asked Questions [July 3, 2014]
"Taking action to address climate change by reducing U.S. emissions of greenhouse gases (GHGs) is among President Obama's major goals. At an international conference in Copenhagen in 2009, he committed the United States to reducing emissions of greenhouse gases 17% by 2020, as compared to 2005 levels. At the time, 85 other nations also committed to reductions. Since U.S. GHG emissions peaked in 2007, a variety of factors--some economic, some the effect of government policies at all levels--have brought the United States more than halfway to reaching the 2020 goal. Getting the rest of the way would likely depend, to some degree, on continued GHG emission reductions from electric power plants, which are the largest source of U.S. emissions. In June 2013, the President released a Climate Action Plan that addressed this and other climate issues. At the same time, he directed the Environmental Protection Agency (EPA) to propose standards for 'carbon pollution' (i.e., carbon dioxide, the principal GHG) from existing power plants by June 2014 and to finalize them in June 2015. Under the President's timetable, by June 2016, states would be required to submit to EPA plans to implement the standards. On June 2, 2014, EPA responded to the first of these directives by releasing the proposed standards."
Library of Congress. Congressional Research Service
McCarthy, James E.; Meltz, Robert; Leggett, Jane A. . . .
2014-07-03
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Clean Air Issues in the 113th Congress: An Overview [October 21, 2014]
"As the 113th Congress has considered air quality issues, oversight of Environmental Protection Agency (EPA) regulatory actions has been the main focus. Of particular interest has been EPA's Clean Air Act regulations on emissions of greenhouse gases (GHGs). Reducing GHG emissions to address climate change is a major goal of President Obama, but Congress has been less enthusiastic about it. In the absence of congressional action, the President has directed EPA to promulgate GHG standards using existing authority under the Clean Air Act. This authority has been upheld on at least three occasions by the Supreme Court, but it remains controversial in Congress. EPA's most recent GHG actions have involved power plants. On June 2, 2014, the agency proposed GHG emission standards for existing fossil-fueled (coal, oil, and natural gas) power plants. These plants are the source of one-third of the nation's GHG emissions, so it is difficult to envision a regulatory scheme that reduces the nation's GHG emissions without addressing their contribution. At the same time, affordable and reliable electric power is central to the nation's economy and to the health and well-being of the population."
Library of Congress. Congressional Research Service
McCarthy, James E.
2014-10-21
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EPA's Upcoming Ozone Standard: How Much Will Compliance Cost? [October 15, 2014]
"The Environmental Protection Agency (EPA) is under a court order to complete a review of its ambient air quality standard for ozone (the 'ozone NAAQS' [National Ambient Air Quality Standards]) by October 1, 2015. The agency must propose any change to the standard by December 1 of this year. A NAAQS is essentially EPA's definition of what constitutes clean air in the case of six of the most common pollutants. The agency conducts an exhaustive review of the published research on the health effects of these pollutants before determining the levels that (in the Clean Air Act's words) 'are requisite to protect the public health,' allowing an adequate margin of safety. If an area has monitor readings higher than the ozone NAAQS when averaged over a three-year period, the area is in 'non-attainment' of the standard. The NAAQS does not directly impose emission controls on industry or other pollution sources, but it sets in motion a process under which non-attainment areas are identified and states submit implementation plans to EPA to demonstrate how they will bring the areas into compliance."
Library of Congress. Congressional Research Service
McCarthy, James E.
2014-10-15
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EPA's Regulation of Coal-Fired Power: Is a 'Train Wreck' Coming? [July 11, 2011]
"Recent reports by industry trade associations and others have discussed potential harm of EPA's prospective regulations to U.S. electricity generating capacity, with emphasis on coal-fired generation. One of these reports, by the Edison Electric Institute, which represents investor owned utilities, has attracted considerable attention by depicting a timeline in which multiple rules would take effect more or less simultaneously over the next five years. Congress has shown significant interest in these issues, and bills have been introduced that would de-fund or restrict EPA's ability to develop rules, and which would legislate new regulatory analytic requirements. This report describes nine rules in seven categories that are at the core of recent critical analyses, with background on the rule and its requirements and, where possible, a discussion of the rule's potential costs and benefits. […] Some of the rules are expected to be expensive; costs of others are likely to be moderate or limited, or they are unknown at this point because a rule has not yet been proposed. Rules when actually proposed or issued may well differ enough that a plant operator's decision about investing in pollution controls or facility retirement will look entirely different from what these analyses project. Further, promulgation of standards is not the end of the road: court challenges are likely, potentially delaying implementation for years, and even when final, EPA rules must be adopted by states and implemented over time through state-issued permits."
Library of Congress. Congressional Research Service
Copeland, Claudia; McCarthy, James E.
2011-07-11
