Air quality has improved substantially in the United States in the
40 years of EPA's Clean Air Act regulation, but more needs to be
done, according to the agency's science advisers, to protect public
health and the environment from the effects of air pollution. Thus,
the agency continues to promulgate regulations addressing air
pollution using authority given it by Congress more than 20 years
ago. In the 112th Congress, Members from both parties have raised
questions about the cost effectiveness of some of these regulations
and/or whether the agency has exceeded its regulatory 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 greenhouse gas (GHG) emissions have been one focus of
congressional interest. Although the Obama Administration has
consistently said that it would prefer that Congress pass new
legislation to address climate change, such legislation now seems
unlikely. Instead, over the last three years, EPA has developed GHG
regulations using its existing Clean Air Act authority. EPA
finalized GHG emission standards for cars and light trucks on April
1, 2010, and on August 28, 2012, and for larger trucks on August 9,
2011. The implementation of these standards, in turn, triggered
permitting and Best Available Control Technology requirements for
new major stationary sources of GHGs. It is the triggering of
standards for stationary sources (power plants, manufacturing
facilities, etc.) that has raised the most concern in Congress:
legislation has been considered in both the House and Senate aimed
at preventing EPA from implementing these requirements. In the
first session of this Congress, the House passed H.R. 1, which
contained provisions prohibiting the use of appropriated funds to
implement various EPA GHG regulatory activities, and H.R. 910, a
bill that would repeal EPA's endangerment finding, redefine "air
pollutants" to exclude greenhouse gases, and prohibit EPA from
promulgating any regulation to address climate change. In the
Senate, H.R. 1 was defeated, and an amendment identical to H.R. 910
(S.Amdt. 183) failed on a vote of 50-50. EPA has taken action on a
number of other air pollutant regulations, generally in response to
court actions remanding previous rules. Remanded rules have
included the Clean Air Interstate Rule (CAIR) and the Clean Air
Mercury Rule-rules designed to control the long-range transport of
sulfur dioxide, nitrogen oxides, and mercury from power plants
through cap-and-trade programs. Other remanded rules included
hazardous air pollutant ("MACT") standards for boilers and cement
kilns. EPA is addressing the court remands through new regulations,
that have now been promulgated. Many in Congress view the new
regulations as overly stringent. The House has passed three bills
(H.R. 2250, H.R. 2401, and H.R. 2681) to delay or revoke the new
standards and change the statutory requirements for their
replacements. In addition to the power plant and MACT rules, EPA is
also reviewing ambient air quality standards (NAAQS) for ozone,
particulates, and other widespread air pollutants. These standards
serve as EPA's definition of clean air, and drive a range of
regulatory controls. The revised NAAQS also face opposition in
Congress. As passed by the House, H.R. 2401 would amend the Clean
Air Act to require EPA to consider feasibility and cost in setting
NAAQS, and H.R. 1633 would prevent EPA from setting standards for
ambient concentrations of rural dust.
General
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