Clean Air Issues in the 110th Congress: Climate Change, Air Quality Standards, and Oversight Page: 2 of 34
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Clean Air Issues in the 110th Congress:
Climate Change, Air Quality Standards, and Oversight
Summary
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. Eleven bills were introduced to
establish GHG emission caps as of December, and hearings on climate change have
been held by at least seven committees. The Lieberman-Warner bill to establish a
cap-and-trade system for GHG emissions (S. 2191) was ordered reported by the
Senate Environment and Public Works Committee, December 5.
Seven of the eleven 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 have been among the highest priorities 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 many
are being addressed, especially through oversight of Administration actions. In
general, EPA regulatory and procedural actions are being given greater scrutiny in
this Congress. Oversight issues include the following:
" whether EPA's new standards for ambient concentrations of fine
particulates and its recently proposed standards for ozone adequately
reflect the state of the science;
" whether EPA should continue to regulate lead as one of six
pollutants for which it sets national ambient air quality standards;
" whether the EPA's new process for setting ambient air quality
standards politicizes what traditionally have been scientific
judgments; and
" how best to control emissions of mercury and other pollutants from
electric power plants.
State governments and the courts have also taken action on air issues that has
stirred congressional interest. On April 2, 2007, 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. In addition,
states interested in setting more stringent environmental standards are continuing to
develop and implement regulations that go well beyond the requirements of federal
law. Of particular interest is California's request for a waiver of federal preemption
to control greenhouse gas emissions from cars and light trucks. On December 19,
EPA announced that it will deny the waiver request.
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McCarthy, James E. Clean Air Issues in the 110th Congress: Climate Change, Air Quality Standards, and Oversight, report, January 7, 2008; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc821867/m1/2/: accessed April 25, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.