Clean Air Act Issues in the 108th Congress Page: 4 of 19
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IB 10107
MOST RECENT DEVELOPMENTS
On June 15, 2004, the House passed H.R. 4503, a comprehensive energy bill virtually
identical to the conference version of H.R. 6, which it had passed November 18, 2003. The
bill includes provisions amending the Clean Air Act to address reformulated gasoline,
renewable fuels, and MTBE. Although the conference report on H.R. 6 passed the House
in November, the Senate was unable to muster the 60 votes necessary to terminate debate,
leaving the bill's future uncertain.
On June 29, 2004, EPA proposed the designation of 243 counties in 21 states and the
District of Columbia as "nonattainment areas" for a new fine particle (PM2.5) air quality
standard. On April 15, 2004, the Agency had designated 474 counties in 32 states and DC
nonattainment for a new 8-hour ozone standard. Implementation of the two standards has
raised a number of questions in areas affected by the designations. Amendments that would
modify some of the implementation procedures for areas affected by upwind pollution are
also attached to the energy bill (H.R. 6 / H.R. 4503).
Both the House and Senate have passed surface transportation legislation that would
modify the Clean Air Act's conformity provisions. The Senate bill, S. 1072, passed February
12, 2004. The House bill, H.R. 3550, passed April 2. Conferees began meeting to attempt
to reconcile the bills' provisions June 14.
BACKGROUND AND ANALYSIS
This Issue Brief looks at seven prominent air issues that have been of interest in the
108th Congress: designation of nonattainment areas for the new PM2.5 and 8-hour ozone
standards; MTBE and ethanol; New Source Review; multi-pollutant (or Clear Skies)
legislation; mercury from power plants; transportation conformity; and emission standards
for small engines. Most of these issues are addressed at greater length in separate CRS
reports, which are referenced in the appropriate sections.
Designation of Nonattainment Areas for New Air Quality Standards. On
June 29, 2004, EPA proposed the designation of 243 counties in 21 states and the District
of Columbia as "nonattainment areas" for a new fine particle (PM2.5) air quality standard.
On April 15, 2004, the Agency had designated 474 counties in 32 states and DC
nonattainment for a new 8-hour ozone standard. The standards were promulgated in 1997,
but due to legal challenges and other delays, are just now being implemented. The
nonattainment areas must adopt emission control programs sufficient to bring air quality into
attainment by an EPA deadline, generally 5 or 10 years after designation in areas being
designated for the first time.
The prospect of designation has raised numerous questions in these areas, including
when and why the standard was established; what criteria are used to determine
nonattainment; how boundaries of the nonattainment area are established; whether special
provisions can be made for areas affected by pollution from upwind; what the deadline will
be for reaching attainment; and how designation might affect economic development and
transportation investments in an area. How areas already designated nonattainment forCRS-1
09-14-04
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McCarthy, James E. Clean Air Act Issues in the 108th Congress, report, September 14, 2004; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc815049/m1/4/: accessed July 18, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.