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Clean Air Act Issues in the 115th Congress: In Brief [August 16, 2017]
"Congressional actions on air quality issues have been dominated since 2011 by efforts-- particularly in the House--to change the Environmental Protection Agency's (EPA's) authority to promulgate or implement new emission control requirements. Often under court order, the Obama Administration's EPA used authorities Congress gave EPA in the Clean Air Act amendments of 1970, 1977, and 1990 to address long-standing issues posed by emissions from various sources. EPA's regulations on greenhouse gas emissions from electric power plants and from oil and gas industry sources have been of particular interest, as have the agency's efforts to revise ambient air quality standards for ozone. The 115th Congress, and a new Administration that includes frequent critics of EPA regulations, have begun to review a number of these regulations, with the possibility of their modification or repeal."
Library of Congress. Congressional Research Service
McCarthy, James E.
2017-08-16
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Clean Air Act Issues in the 115th Congress: In Brief [August 13, 2018]
"Review of regulations issued under the Obama Administration, with the possibility of their modification or repeal,has been 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. Of particular interest are the ambient air quality standards for ozone promulgated by the Environmental Protection Agency (EPA) in October 2015; EPA rules to regulate greenhouse gas (GHG) emissions from power plants, cars and trucks, and the oil and gas sector; and emission standards for three groups of sources: brick kilns, wood stoves and heaters, and power plants that burn waste coal."
Library of Congress. Congressional Research Service
McCarthy, James E.
2018-08-13
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Mercury Emissions from Electric Power Plants: States Are Setting Stricter Limits [July 11, 2006]
From the Summary: "In March 2005, the U.S. Environmental Protection Agency (EPA) promulgated the first national emission standards for mercury emissions from electric power plants. EPA studies conclude that about 6% of American women of child-bearing age have blood mercury levels sufficient to increase the risk of adverse health effects (especially lower IQs) in children they might bear. Power plants account for 42% of total U.S. mercury emissions, according to EPA. Thus, there has been great interest in the agency's power plant regulations. The regulations established a cap-and-trade program to address power plant emissions, but the program would have little impact on emissions before 2018. At that time, the regulations call for 69% reduction in emissions as compared to the 1999 level. […] This report reviews the state standards for mercury emissions from power plants and discusses issues raised by the promulgation of such standards. Among these are whether states can prevent the sale of credits generated by compliance with state regulations in EPA's national credit trading program, and the potential impact of state programs on court challenges to EPA's national regulations. The report will be updated periodically."
Library of Congress. Congressional Research Service
McCarthy, James E.
2006-07-11
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Renewable Fuels and MTBE: A Comparison of Provisions in the Energy Policy Act of 2005 (P.L. 109-58 and H.R. 6) [Updated October 3, 2006]
From the Summary: "In the Energy Policy Act of 2005 (P.L. [Public Law] 109-58, H.R. 6), Congress established a requirement for the use of renewable fuels and revised Clean Air Act and underground storage tank regulatory requirements to address public health and environmental concerns associated with the use of fuels and fuel additives, especially methyl tertiary butyl ether (MTBE). Much contentious debate centered on the issue of how to address water quality problems associated with MTBE use while preserving air quality benefits of reformulated gasoline and, at the same time, promoting the use of renewable fuels (especially ethanol). This report compares the renewable fuel and MTBE provisions in the House and Senate versions of H.R. 6 with the provisions Congress ultimately agreed to in Title XV of P.L. 109-58. […] The Energy Policy Act also amends the underground storage tank (UST) regulatory program to specifically authorize EPA and states to use funds appropriated from the Leaking Underground Storage Tank (LUST) Trust Fund to address fuel leaks involving MTBE and other oxygenated fuel additives. The law also expands the leak prevention provisions of the UST program and imposes new requirements on states, EPA [Environmental Protection Agency], and tank owners."
Library of Congress. Congressional Research Service
Yacobucci, Brent D.; Tiemann, Mary; McCarthy, James E.
2006-10-03
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Clean Air Issues in the 110th Congress: Climate Change, Air Quality Standards, and Oversight [Updated October 19, 2007]
"Attention to environmental issues in the 110th Congress focused early and heavily on climate change -- the state of the science, and whether (and, if so, how) to address greenhouse gas (GHG) emissions. Ten bills had been introduced to establish GHG emission caps as of late September, and hearings on climate change have been held by at least seven committees. Legislation has yet to be marked up, however, in either House or Senate committees. Seven of the ten greenhouse gas bills introduced as of this writing would amend the Clean Air Act, generally establishing a new Title VII to address the issue. Whether or not legislation would amend the Clean Air Act, climate change hearings and markup are among the highest expressed priorities in the coming months for the committees that have jurisdiction over air issues (principally the Senate Environment and Public Works and House Energy and Commerce Committees). Other clean air issues are less likely to be the main focus of attention, but they may be addressed, especially through oversight of Administration actions. […] On April 2, the Supreme Court decided two cases that have broad implications for EPA and state authority to control greenhouse gases and to regulate power plants. In the more sweeping of the two cases, Massachusetts v. EPA, the Court found that EPA has authority under the Clean Air Act to regulate greenhouse gas emissions from new motor vehicles. Other cases involving climate change, clean air standards, and the regulation of power plants are pending at the D.C. Circuit Court of Appeals and in a number of federal and state courts. Decisions in these cases may prompt hearings or legislation. […]"
Library of Congress. Congressional Research Service
McCarthy, James E.
2007-10-19
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Tier 3 Motor Vehicle Emission and Fuel Standards [April 28, 2014]
"On March 3, 2014, the Environmental Protection Agency finalized new ('Tier 3') emission standards for light duty (and some larger) motor vehicles. Light duty vehicles include cars, SUVs, vans, and most pickup trucks. Phase-in of the standards will begin with Model Year 2017. By the time Tier 3 is fully implemented in Model Year 2025, the standards for light duty vehicles will require reductions of about 80% in tailpipe emissions of non-methane organic gases and nitrogen oxides (both of which contribute to the formation of ground-level ozone) and of about 70% in tailpipe emissions of particulates. Ozone and particulates are the most widespread air pollutants in the United States. Both contribute to respiratory illness and premature mortality. EPA estimates that implementation of the standards will reduce premature mortality by 770 to 2,000 persons annually, as well as providing reductions in hospital admissions, lost work days, school absences, and restricted activity days for persons with respiratory illness. Assigning monetary values to these benefits, EPA estimates the annual benefits at between $6.7 billion and $19 billion in 2030."
Library of Congress. Congressional Research Service
Lattannzio, Richard K.; McCarthy, James E.
2014-04-28
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Emergency Waiver of EPA Regulations: Authorities and Legislative Proposals in the Aftermath of Hurricane Katrina [September 29, 2005]
"This report reviews some of the environmental laws that could affect response and recovery actions, discusses existing waiver authority, and identifies issues raised by proposals to grant new waiver authority. The focus of the report is on regulatory programs administered by EPA, including the Clean Water Act, Superfund, and the Clean Air Act. In the short term, in the immediate aftermath of Hurricane Katrina, environmental regulations do not appear to have posed an obstacle to local, state, federal, or private response efforts, in part because existing waiver or flexibility provisions were used in certain cases. For the longer term, the report raises questions concerning the waiver authority that new legislation might grant, including what its scope (both geographic and regulatory) would be, how facilities granted waivers would be regulated after the expiration of the waiver period, the effect of such legislation on state and local requirements, and whether substantive as well as procedural requirements should be waived, if waivers are to be granted."
Library of Congress. Congressional Research Service
Copeland, Claudia; McCarthy, James E.
2005-09-29
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Revising the National Ambient Air Quality Standard for Lead [May 7, 2008]
From the Summary: "The Administrator of the Environmental Protection Agency (EPA), under a court order to review the National Ambient Air Quality Standard (NAAQS) for lead, proposed to revise the standard on May 1, 2008, reducing it from 1.5 micrograms per cubic meter (μg/m3) to within the range of 0.10 to 0.30 μg/m3. The proposal's publication in the 'Federal Register' will begin a 60-day public comment period. The agency must promulgate a final standard by September 15, 2008. NAAQS are standards for outdoor (ambient) air that are intended to protect public health and welfare from harmful concentrations of pollution. If the Administrator ultimately strengthens the lead standard, he will be concluding that protecting public health and welfare requires lower concentrations of lead pollution in ambient air than the level previously held to be safe. Lead particles can be inhaled or ingested, and, once in the body, can cause lower IQ [intelligence quotient] and effects on learning, memory, and behavior in children. In adults, lead exposure is linked to increased blood pressure, cardiovascular disease, and decreased kidney function. […] The May 2008 proposal follows a multi-year review of the science. Assuming a new standard is promulgated, nonattainment areas will first be identified (not expected to occur until September 2011), following which there will be a 5-10 year-long implementation process in which states and local governments will identify and implement measures to reduce lead in the air. EPA has also proposed expanding the monitoring network for lead. Only about 3% of U.S. counties have lead monitors."
Library of Congress. Congressional Research Service
McCarthy, James E.
2008-05-07
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D.C. Circuit Rejects EPA's Mercury Rules: 'New Jersey v. EPA' [Updated April 9, 2008]
From the Summary: "On February 8, 2008, the D.C. Circuit decided 'New Jersey v. EPA', unanimously vacating two EPA [Environmental Protection Agency] rules under the Clean Air Act (CAA) regarding emissions of mercury from electric utility steam generating units (EGUs). The two rules had the effect of shifting EPA regulation of power-plant emissions of mercury from the more stringent and less flexible regime under CAA section 112, governing hazardous air pollutants (HAPs), to the less stringent and more flexible one under CAA section 111, authorizing national emission standards for new stationary sources. The court decision, unless reversed or circumvented by EPA's properly removing EGUs from section 112, will mean that each individual EGU will have to meet strict Maximum Achievable Control Technology standards, and that no cap-and-trade program will be authorized. Setting such standards might take time, however, as EPA gathers information on current emission levels and the effectiveness of control technologies, delaying the effective date of national mercury emission standards for EGUs to as late as 2014, according to knowledgeable observers. Legislation has been introduced in both the House and Senate to speed this process (S. 2643 and H.R. 1087)."
Library of Congress. Congressional Research Service
Meltz, Robert; McCarthy, James E.
2008-04-09
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Methane Capture: Options for Greenhouse Gas Emission Reduction [September 17, 2009]
From the Summary: "Research on climate change has identified a wide array of sources that emit greenhouse gases (GHGs). Among the six gases that have generally been the primary focus of concern, methane is the second-most abundant, accounting for approximately 8% of total U.S. GHG emissions in 2007. Methane is emitted from a number of sources. The most significant are agriculture (both animal digestive systems and manure management); landfills; oil and gas production, refining, and distribution; and coal mining. As Congress considers legislation to address climate change by capping or reducing GHG emissions, methane capture projects offer an array of possible reduction opportunities, many of which utilize proven technologies. Methane capture projects (e.g., landfill gas projects, anaerobic digestion systems) restrict the release of methane into the atmosphere. The methane captured can be used for energy or flared. Methane capture challenges differ depending on the source. Most methane capture technologies face obstacles to implementation, including marginal economics in many cases, restricted pipeline access, and various legal issues.[...]This report discusses legislative alternatives for addressing methane capture, sources of methane, opportunities and challenges for methane capture, and current federal programs that support methane recovery."
Library of Congress. Congressional Research Service
McCarthy, James E.; Ramseur, Jonathan L.; Folger, Peter (Peter Franklin) . . .
2009-09-17
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EPA Standards for Greenhouse Gas Emissions from Power Plants: Many Questions, Some Answers [September 30, 2013]
From the Summary: "As President Obama announced initiatives addressing climate change on June 25, 2013, a major focus of attention was the prospect of greenhouse gas (GHG) emission standards for fossil-fueled--mostly coal-fired--electric generating units (EGUs). EGUs (more commonly referred to as power plants) are the largest anthropogenic source of greenhouse gas emissions, accounting for about one-third of total U.S. GHGs. If the country is going to reduce its GHG emissions by significant amounts, as the President has committed to do, emissions from these sources will almost certainly need to be controlled. The President addressed this issue by directing EPA to re-propose GHG emission standards for new EGUs by September 20, 2013. He also directed the agency to propose guidelines for existing power plants by June 2014, and finalize them a year later. EPA had already proposed standards for new sources in April 2012, but the public comment period had generated more than 2.5 million comments--the most ever for a proposed EPA rule--and the agency had not yet finalized the rule. The re-proposed standards were released September 20. They would set an emissions limit of 1,100 pounds of carbon dioxide (CO2) per megawatt-hour (MWh) of electricity generated by new coal-fired EGUs, and a standard of either 1,000 or 1,100 lbs/MWh (depending on size) for new natural gas-fired plants."
Library of Congress. Congressional Research Service
McCarthy, James E.
2013-09-30
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Recycling Computers and Electronic Equipment: Legislative and Regulatory Approaches for 'E-Waste' [October 18, 2002]
"Rapid growth in the use of computers and the incorporation of electronic features in a wide array of consumer products have been among the most important driving forces of the nation's economy during the last decade; but they also pose major potential environmental problems. In addition to producing better products, the improvements in technology have created growing volumes of obsolete products to be managed as waste...Management of these products as waste is of concern in part because of their volume, but more importantly because they contain large amounts of heavy metals and other toxic substances...As a result, many argue that electronic equipment should be managed separately from the municipal waste stream, and recycled whenever possible. The United States has done little to address this problem. Unless disposed in large quantities, used computers and other electronic products are allowed to be managed as municipal solid waste (i.e., the same as ordinary household trash) in most states. In some locations, used computers have been collected for recycling on special voluntary collection days, but few jurisdictions offer frequent, comprehensive recycling opportunities for electronic waste...Numerous interested parties, including environmental groups, solid waste management officials, electronics manufacturers, and retailers, have begun to develop alternative approaches on a voluntary basis...This report provides background on the management of discarded computers, discusses some of the initiatives undertaken in the United States and abroad, and identifies options that Congress might consider if it were to address this issue. As of mid-October, only one bill, H.R. 5158, has been introduced on this topic." - Excerpts from Summary
Library of Congress. Congressional Research Service
McCarthy, James E.
2002-10-18
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Clean Air Act Issues in the 108th Congress [Updated January 9, 2004]
From the Summary: "The conference report on the energy bill (H.R. 6), which came to the House and Senate floor for action the week of November 17, contains several Clean Air Act provisions. The most prominent of these concerns the gasoline additives MTBE [Methyl Tertiary Butyl Ether] and ethanol, which are used to meet Clean Air Act requirements that reformulated gasoline (RFG) sold in the nation's worst ozone non-attainment areas contain at least 2% oxygen, to improve combustion. MTBE has been implicated in numerous incidents of ground water contamination. H.R. 6 would ban the use of MTBE as a fuel additive nationwide, except in states that specifically authorize its use, after December 31, 2014, unless the President determines not to ban it [...] H.R. 6 would also extend Clean Air Act deadlines for areas that have not attained ozone air quality standards, if upwind areas contribute to their nonattainment. Besides the provisions in the energy bill, the most prominent air quality issue in recent months has been what to do about emissions from coal-fired electric power plants. [...] The Administration and several members of Congress have also proposed legislation on the subject- a group of bills referred to as 'multi-pollutant' legislation. [...] Controversy has arisen over EPA's [Environmental Protection Agency's] proposed and promulgated changes to the Clean Air Act's New Source Review (NSR) requirements. NSR imposes emission controls on modifications of power plants and other major facilities. Since December 31, 2002, EPA has promulgated several changes to streamline (and, many argue, weaken) the NSR requirements."
Library of Congress. Congressional Research Service
McCarthy, James E.
2004-01-09
