Sen. Tom Carper (D-DE), chairman of
the Senate Clean Air and Nuclear Safety Subcommittee and Rep. Rick Boucher (D-VA),
chairman of the House Energy and Air Quality Subcommittee, have been working
behind the scenes to see if they can reach an agreement on a targeted bill to reinstate
all or part of the U.S. Environmental Protection Agency's (EPA) Clean Air
Interstate Rule (CAIR), recently overturned by the courts. The CAIR rule requires power plants in 28
states and the District
of Columbia to
reduce emissions of air pollutants. As of Monday, September 15, it appeared
that a tentative, short-term agreement had been reached to permit the use of a
cap-and-trade system of allowances to reduce emissions of NOX and SO2 through
2012, according to sources close to the discussions.
The lawmakers jettisoned the more
controversial provisions, dealing with mercury nd carbon dioxide emissions, and
are steering clear of thornier issues, such as amending the Clean Air Act
provisions, including New Source Review permitting and enforcement. The House Energy and Commerce Energy and Air
Quality Subcommittee may consider the Carper-Boucher agreement as early as
Wednesday of this week.
The Bush Administration would prefer that
Congress reinstate the entire rule. To
that end, Sen. James Inhofe (R-OK), Ranking Member of the Senate Environment
and Public Works Committee, joined Sen. George Voinovich (R-OH), Ranking Member
of the Clean Air and Nuclear Safety Subcommittee, introduced legislation today (9/16)
to fully restore the rule. Congressional Democrats disagree with that strategy,
saying that the original CAIR rule did not do enough to protect public health -
particularly on mercury.
To pass the bill in the final days
of the 110th Congress, will be difficult at best. Some have said in order to do so, the bill
would have to be passed in both chambers under expedited procedures.