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Clear Skies Proposal Weakens the Clean Air Act
Originally proposed in 2002, the Clear Skies initiative would weaken many parts of the Clean Air Act and would result in significantly fewer reductions of air pollutants than currently required. Touted as a cure all for air pollution from power plants, the proposal has wended its way through Congress twice, most recently ending in a stalemate in the Senate.
Fortunately, Americans don't have to settle for the proposed 70 percent cut in air pollution when existing laws and existing technology mean that we can do better.
- The misnamed "Clear Skies" initiative expands the pollution trading system so some communities will get cleaner, but many communities will lose out on cleaner air. The two-stage plan isn't even fully in place for another 15 years. Even if the plan caused some net reductions in pollution, many communities would still be threatened by more pollution.
- Nitrogen Oxide (NOx) is a major contributor to smog that is linked to asthma and lung disease. Current Clean Air Act programs could result in NOx pollution levels of about 1.25 million tons by 2010. But the Bush plan calls for loosening the cap on NOx pollution to 2.1 million tons by 2008 - an increase of 68 percent more NOx pollution.
- Sulphur Dioxide (SO2) is a major contributor to acid rain and soot. Clean Air Act programs already on the books could reduce SO2 pollution levels to 2 million tons by 2012. Clear Skies weakens these protections to allow 4.5 million tons of SO2 by 2010 -a staggering 225 percent increase of SO2 pollution.
- By the 15th year of Clear Skies: 450,000 more tons of NOx, one million more tons of SO2, and 10 more tons of mercury would be allowed than under strong enforcement of existing Clean Air Act programs.
- Clear Skies creates a loophole exempting power plants from being held accountable to the Clean Air Act's New Source Review (NSR) standards and from being required to install cleanup technology (best available retrofit technology or BART). NSR standards require new power plants and upgraded plants to comply with modern federal emissions limits. BART protects communities from persistent haze and other air quality problems by reducing the pollution emitted from antiquated power plants.
- "Clear Skies" delays the enforcement of public health standards for smog and soot until the end of 2015.
- The plan restricts the power of states to call for an end to pollution from upwind sources in other states. The plan prohibits any petitions of this sort from even being implemented before 2012.
- Mercury is a dangerous toxin that threatens people and wildlife as a pollutant from coal-fired power plants. The EPA once estimated that enforcement of existing toxic air pollution protections in the Clean Air Act would limit mercury pollution to 5 tons per year by 2008. The original Clear Skies proposal would have weakened the limit to an astounding 26 tons by 2010. Unfortunately, this piece of the proposal was split away from the initiative and was put into place as the Clean Air Mercury Rule in 2005.
Reference Note: Facts and figures based on comparisons using the following sources:
U.S. Environmental Protection Agency, "Discussion of Multi-Pollutant Strategy." September 18, 2001. Meeting with Edison Electric Institute.
U.S. Environmental Protection Agency, "A Comprehensive Approach to Clean Power: Straw Proposal and Supporting Analysis for Interagency Discussion." August 3, 2001.
White House, "Fact Sheet: President Bush Announces Clear Skies and Global Climate Change Initiatives." February 14, 2002.
McCarthy, James, "Clean Air Act Issues in the 109th Congress." Updated November 25, 2005. Congressional Research Service Issue Brief for Congress.
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