Clean Air Act Issues in the 107th Congress

Publication Date: February 2003

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Environment

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Abstract:

This issue brief, which will not be updated, discusses air quality issues and legislation in the 107th Congress. For information on the 108th Congress, see CRS Issue Brief IB10107.

In the 107th Congress, the most prominent air quality issue was whether state and federal regulations designed to protect air quality are having a negative impact on energy production, and, if so, whether such regulations should be reformed. The early discussion focused primarily on California, but with the release of the Administration’s energy policy recommendations in May 2001 and subsequent congressional action, attention shifted to issues more national in scope.

Among these were whether the Clean Air Act’s New Source Review requirements have been enforced consistently, whether they have prevented power plants from making improvements that would expand power output, and whether Congress should enact “multi-pollutant” legislation for power plants in order to provide certainty regarding future regulatory requirements. The Senate Environment and Public Works Committee approved a multipollutant bill, S. 556, June 27, 2002. The Administration also submitted legislation, S. 2815 / H.R. 5266, but no action was taken on it.

A second set of air issues in the 107th Congress concerned regulation of the gasoline additive MTBE. MTBE is used to meet Clean Air Act requirements that gasoline sold in the nation’s worst ozone nonattainment areas contain at least 2% oxygen, but the additive has been implicated in numerous incidents of ground water contamination.

Since mid-1999, bills to diminish the use of MTBE have been near the top of the clean air agenda. On September 25, 2001, the Senate Environment and Public Works Committee approved one of these bills, S. 950, to ban MTBE use, waive the oxygen requirement, and provide additional funding for ground water cleanup (S.Rept. 107-131). Similar provisions, plus requirements that motor vehicle fuel contain ethanol or other renewable fuels were included in the Senate version of H.R. 4, the comprehensive energy bill passed by the Senate, April 25, 2002. The House version of H.R. 4 did not contain such provisions, however—one of many issues on which the House and Senate bills differed. H.R. 4 died in conference.

Congress last enacted major amendments to the Clean Air Act in 1990, and EPA is still implementing numerous provisions of those amendments. Recent efforts have included development of tighter emission standards for nonroad engines and for diesel engines and fuels. Review of state implementation plans for attaining ozone air quality standards is another ongoing agency activity. EPA decisions regarding implementation of these and other programs mandated by the Clean Air Act will provide continuing opportunities for oversight and possible legislation.