By Brett Rosenberg
February 14, 2005

The ongoing debate behind new means of achieving better air quality in the nation's cities brought Augusta (GA) Mayor Bob Young to Washington to testify January 26 in a hearing on multi-emissions legislation before the Senate Environment and Public Works Subcommittee on Clean Air, Climate Change, and Nuclear Safety.

Young's statement touched on numerous aspects of potential multi-emissions legislation, including the Clear Skies Act, which is the legislative vehicle, as proposed by Senators James Inhofe (OK) and George Voinovich (OH), for President Bush's Clear Skies Initiative. In his testimony, Young voiced support for federal programs that use a proven market-based means of reducing multi-pollutant emissions from coal-burning electric utilities. The mayor also expressed his concerns involving the challenges he and other mayors face in balancing public health and environmental quality with economic development and affordable energy in their cities.

An important issue that many cities face involves attaining compliance with the EPA's standards for ground level ozone and fine particulates. Young noted that compliance with these standards is important both from a public health and economic standpoint, saying that, "clean air is not only important because of the health of our citizens but it is a good business decision as well." He also added that many cities are required to attain compliance with these standards, know as National Ambient Air Quality Standards, or NAAQS, between 2008 and 2015. These compliance dates are ahead of the Clear Skies Act timeframe and some cities that are severely out of attainment have expressed concern with the inconsistent compliance deadlines.

The Clear Skies Act, as currently drafted, includes provisions that, under limited circumstances, redesignate some cities in non-attainment with NAAQS as "transitional." Assuming that utilities will ratchet down their emissions in the affected regions, these areas will no longer face the regulatory consequences associated with a non-attainment designation. While noting that businesses often choose to avoid cities in non-attainment with NAAQS due to compliance responsibilities and potentially higher energy costs, putting them at a competitive disadvantage, Mayor Young said "mayors of this nation don-t want to sacrifice public health for cheap electricity. We are looking for a fair and balanced approach that cleans our air while keeping costs down." He added, "We need a common'sense solution that requires these utilities to install pollution control equipment in a manner that is timely and cost-efficient."

The Clear Skies Act also includes provisions for a 70 percent average reduction in sulfur dioxide, nitrogen oxides and mercury through a series of caps on emissions from coal-fired electric utilities coupled with tradable allowances of these emissions. Additionally, the bill amends or replaces certain aspects of the existing Clean Air Act, including the New Source Review (NSR) program and Section 126 petitions, which allow states to seek injunctions on pollution sources outside their borders. Competing multi-pollutant bills include more stringent emissions reductions sooner and contain caps on carbon dioxide emissions. Senator Jim Jeffords (VT) has introduced a bill in the 109th Congress that would sharply curtail emissions of all four pollutants by 2009. Senators Lamar Alexander (TN), Thomas Carper (DE), Lincoln Chafee (RI) and Judd Gregg (NH) co'sponsored a bipartisan bill in the 108th Congress that seeks middle ground between the others; it also includes carbon dioxide caps. This bill will likely be reintroduced soon in the 109th Congress.

Congress that seeks middle ground between the others; it also includes carbon dioxide caps. This bill will likely be reintroduced soon in the 109th Congress.

In the event that no multi-pollution legislation gets passed this year, officials at EPA have said they will issue the Clean Air Interstate Rule, known as CAIR. CAIR would take more of a regulatory approach to reductions of sulfur dioxide, nitrogen oxides and mercury from coal-burning electric utilities in the eastern United States. Many interest groups and members of Congress have expressed a preference for legislation rather than regulation, citing greater legal certainty as a major concern. The EPA initially set out to issue CAIR late last year but delayed action as it became apparent that multi-pollutant legislation was set to move early in the 109th Congress. The EPA now intends to finalize CAIR by March 15, in conjunction with new rules for mercury emissions.

The U.S. Conference of Mayors policy calls for a 70 percent average reduction from 2000 emissions levels of sulfur dioxide, nitrogen oxides and mercury by 2020. Although that policy does not address carbon dioxide as it relates to a multi-pollutant bill, additional USCM policy does address global climate change through advocating energy conservation and federal research and support for greenhouse gas emissions reductions, including carbon dioxide.

With regard to questions about including carbon dioxide in a multi-pollutant bill, Young stated that the USCM does not currently have policy, although "the mayors are concerned and would welcome the opportunity to engage in discussions to address the matter" of global climate change.

The full Senate Environment and Public Works Committee (EPW) met on February 2nd to further review the Clear Skies Act. The Committee appeared to be deadlocked, largely along party lines, due in large part to the absence of carbon dioxide provisions in Act's current form. If the EPW Committee votes remain tied at 9-9, progress will rely on either a Senator willing to switch his vote, or a special procedural move will be required to advance the bill to the Senate floor. A full committee mark-up session is scheduled for February 16.