Clear Skies Act
Encyclopedia
The Clear Skies Act of 2003 is a proposed federal law
of the United States
. The official title as introduced is "a bill to amend the Clean Air Act
to reduce air pollution
through expansion of cap-and-trade programs
, to provide an alternative regulatory classification for units subject to the cap and trade program, and for other purposes."
The bill's Senate
version (S. 485) was sponsored by James Inhofe (R) of Oklahoma
and George Voinovich
(R) of Ohio
; the House version (H.R. 999) was sponsored by Joe Barton
(R) of Texas
and Billy Tauzin
(R) of Louisiana
. Both versions were introduced on February 27, 2003.
Upon introduction of the bill, Inhofe said, "Moving beyond the confusing, command-and-control mandates of the past, Clear Skies cap-and-trade system harnesses the power of technology and innovation to bring about significant reductions in harmful pollutants." The Clear Skies Act came about as the result of President Bush's Clear Skies Initiative.
In early March 2005, the bill did not move out of committee when members were deadlocked 9-9. Seven Democrats, James Jeffords (I) of Vermont
, and Lincoln Chafee
(R) of Rhode Island
voted against the bill; nine Republicans supported it. Within days, the Bush Administration moved to implement key measures, such as the NOx, (SO2) and mercury trading provisions of the bill administratively through EPA. It remains to be seen how resistant these changes will be to court challenges.
announced the Clear Skies Initiative.http://georgewbush-whitehouse.archives.gov/news/releases/2002/02/20020214-5.html The policy was put together by Jim Connaughton
, Chairman of the Council on Environmental Quality
, and involved the work of Senators Bob Smith
and George Voinovich
and Congressmen Billy Tauzin
and Joe Barton
. The Initiative is based on a central idea: "that economic growth is key to environmental progress, because it is growth that provides the resources for investment in clean technologies." The resulting proposal was a market-based cap-and-trade
approach which intends to legislate power plant emissions caps without specifying the specific methods used to reach those caps. The Initiative would reduce the cost and complexity of compliance and the need for litigation.
Current power plant emissions amounted to 67% of all sulfur dioxide
(SO2) emissions (in the United States), 37% of mercury
emissions, and 25% of all nitrogen oxide
(NOx) emissions. Only SO2 has been administered under a cap-and-trade program.
The goals of the Initiative are threefold:
Through the use of a market-based cap-and-trade program, the intent of the Initiative was to reward innovation, reduce costs, and guarantee results. Each power plant facility would be required to have a permit for each ton of pollution emitted. Because the permits are tradeable, companies would have a financial incentive to cut back their emissions using newer technologies.
The Initiative was modeled on the successful SO2 emissions trading program in effect since 1995. According to the President, the program had reduced air pollution more than all other programs under the Clean Air Act of 1990 combined. Actual reductions were more than the law required and compliance was virtually 100% without the need for litigation. Also, he said that only a "handful" of employees were needed to administer the program. The total cost to achieve the reductions was about 80% less than had originally been expected.
Bush mentioned several benefits of the Initiative:
, and the Clean Power Act of 2003 (S. 366), introduced by Senator James Jeffords.
The differences between the three bills are summarized as follows:
, including caps on toxin
s in the air and budget cuts for enforcement. The Act is opposed by conservationist groups such as the Sierra Club
with Henry A. Waxman, a Democratic congressman of California
, describing its title as "clear propaganda."
Among other things, the Clear Skies Act:
By 2018
, the Clear Skies Act will supposedly allow 3 million tons more NOx through 2012 and 8 million more by 2020, for SO2, 18 million tons more through 2012 and 34 million tons more through 2020. 58 tons more mercury through 2012 and 163 tons more through 2020 would be released into the environment than what would be allowed by enforcement of the Clean Air Act.http://epw.senate.gov/108th/Hawkins_040803.htm
In August 2001, the EPA proposed a version of the Clear Skies Act that contained short timetables and lower emissions caps http://epw.senate.gov/108th/Hawkins_040803.htm. It is unknown why this proposal was withdrawn and replaced with the Bush Administration proposal. It is also unclear whether or not the original EPA proposal would have made it out of committee.
In addition, some opponents consider the term, "Clear Skies Initiative" (similarly to the Healthy Forests Initiative
), to be an example of administration Orwellian
Doublespeak
, using environmentally friendly terminology as "cover" for a give-away to business interests.
and nitrogen oxide
pollution. Having a clearly defined cap will benefit both industry and the general population because the goals are visible to everyone and industry benefits from cost-certainty. For example, the claim that simply enforcing the Clean Air Act will result in less pollution than the Clear Skies Act assumes that strict measures will be taken in heavily polluting areas, such as Los Angeles
and other municipalities. Measures such as transportation control were taken in the 1970s but were withdrawn amid widespread public protest. Proponents of reform argue that a more likely result of following the current Clean Air Act is the continued 'muddling along' approach to environmental legislation, with most important decisions made in courts on a case by case basis after many years of litigation .
Anti Clear Skies Act sources
Federal law
Federal law is the body of law created by the federal government of a country. A federal government is formed when a group of political units, such as states or provinces join together in a federation, surrendering their individual sovereignty and many powers to the central government while...
of the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
. The official title as introduced is "a bill to amend the Clean Air Act
Clean Air Act
A Clean Air Act is one of a number of pieces of legislation relating to the reduction of airborne contaminants, smog and air pollution in general. The use by governments to enforce clean air standards has contributed to an improvement in human health and longer life spans...
to reduce air pollution
Air pollution
Air pollution is the introduction of chemicals, particulate matter, or biological materials that cause harm or discomfort to humans or other living organisms, or cause damage to the natural environment or built environment, into the atmosphere....
through expansion of cap-and-trade programs
Emissions trading
Emissions trading is a market-based approach used to control pollution by providing economic incentives for achieving reductions in the emissions of pollutants....
, to provide an alternative regulatory classification for units subject to the cap and trade program, and for other purposes."
The bill's Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
version (S. 485) was sponsored by James Inhofe (R) of Oklahoma
Oklahoma
Oklahoma is a state located in the South Central region of the United States of America. With an estimated 3,751,351 residents as of the 2010 census and a land area of 68,667 square miles , Oklahoma is the 28th most populous and 20th-largest state...
and George Voinovich
George Voinovich
George Victor Voinovich is a former United States Senator from the state of Ohio, and a member of the Republican Party. Previously, he served as the 65th Governor of Ohio from 1991 to 1998, and as the 54th mayor of Cleveland from 1980 to 1989.-Personal life:Born in Cleveland, Ohio, his father was...
(R) of Ohio
Ohio
Ohio is a Midwestern state in the United States. The 34th largest state by area in the U.S.,it is the 7th‑most populous with over 11.5 million residents, containing several major American cities and seven metropolitan areas with populations of 500,000 or more.The state's capital is Columbus...
; the House version (H.R. 999) was sponsored by Joe Barton
Joe Barton
Joseph Linus "Joe" Barton is a Republican politician, representing in the U.S. House of Representatives since 1985, and a member of the Tea Party Caucus...
(R) of Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
and Billy Tauzin
Billy Tauzin
Wilbert Joseph Tauzin II , usually known as Billy Tauzin, American lobbyist and politician of Cajun descent, was President and CEO of PhRMA, a pharmaceutical company lobby group...
(R) of Louisiana
Louisiana
Louisiana is a state located in the southern region of the United States of America. Its capital is Baton Rouge and largest city is New Orleans. Louisiana is the only state in the U.S. with political subdivisions termed parishes, which are local governments equivalent to counties...
. Both versions were introduced on February 27, 2003.
Upon introduction of the bill, Inhofe said, "Moving beyond the confusing, command-and-control mandates of the past, Clear Skies cap-and-trade system harnesses the power of technology and innovation to bring about significant reductions in harmful pollutants." The Clear Skies Act came about as the result of President Bush's Clear Skies Initiative.
In early March 2005, the bill did not move out of committee when members were deadlocked 9-9. Seven Democrats, James Jeffords (I) of Vermont
Vermont
Vermont is a state in the New England region of the northeastern United States of America. The state ranks 43rd in land area, , and 45th in total area. Its population according to the 2010 census, 630,337, is the second smallest in the country, larger only than Wyoming. It is the only New England...
, and Lincoln Chafee
Lincoln Chafee
Lincoln Davenport Chafee is an American politician who has been the 74th Governor of Rhode Island since January 2011. Prior to his election as governor, Chafee served in the United States Senate as a Republican from 1999 until losing his Senate re-election bid in 2006 to Democrat Sheldon...
(R) of Rhode Island
Rhode Island
The state of Rhode Island and Providence Plantations, more commonly referred to as Rhode Island , is a state in the New England region of the United States. It is the smallest U.S. state by area...
voted against the bill; nine Republicans supported it. Within days, the Bush Administration moved to implement key measures, such as the NOx, (SO2) and mercury trading provisions of the bill administratively through EPA. It remains to be seen how resistant these changes will be to court challenges.
Background: The Clear Skies Initiative
On February 14, 2002 President George W. BushGeorge W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
announced the Clear Skies Initiative.http://georgewbush-whitehouse.archives.gov/news/releases/2002/02/20020214-5.html The policy was put together by Jim Connaughton
James L. Connaughton
James Laurence Connaughton is an American energy industry lawyer and the former George W. Bush administration environmental adviser...
, Chairman of the Council on Environmental Quality
Council on Environmental Quality
The Council on Environmental Quality is a division of the Executive Office of the President that coordinates federal environmental efforts in the United States and works closely with agencies and other White House offices in the development of environmental and energy policies and initiatives...
, and involved the work of Senators Bob Smith
Robert C. Smith
Robert C. "Bob" Smith is an American politician who has served in both the United States House of Representatives and the Senate. He is a member of the Republican Party.-Early life:Smith was born in Trenton, New Jersey...
and George Voinovich
George Voinovich
George Victor Voinovich is a former United States Senator from the state of Ohio, and a member of the Republican Party. Previously, he served as the 65th Governor of Ohio from 1991 to 1998, and as the 54th mayor of Cleveland from 1980 to 1989.-Personal life:Born in Cleveland, Ohio, his father was...
and Congressmen Billy Tauzin
Billy Tauzin
Wilbert Joseph Tauzin II , usually known as Billy Tauzin, American lobbyist and politician of Cajun descent, was President and CEO of PhRMA, a pharmaceutical company lobby group...
and Joe Barton
Joe Barton
Joseph Linus "Joe" Barton is a Republican politician, representing in the U.S. House of Representatives since 1985, and a member of the Tea Party Caucus...
. The Initiative is based on a central idea: "that economic growth is key to environmental progress, because it is growth that provides the resources for investment in clean technologies." The resulting proposal was a market-based cap-and-trade
Emissions trading
Emissions trading is a market-based approach used to control pollution by providing economic incentives for achieving reductions in the emissions of pollutants....
approach which intends to legislate power plant emissions caps without specifying the specific methods used to reach those caps. The Initiative would reduce the cost and complexity of compliance and the need for litigation.
Current power plant emissions amounted to 67% of all sulfur dioxide
Sulfur dioxide
Sulfur dioxide is the chemical compound with the formula . It is released by volcanoes and in various industrial processes. Since coal and petroleum often contain sulfur compounds, their combustion generates sulfur dioxide unless the sulfur compounds are removed before burning the fuel...
(SO2) emissions (in the United States), 37% of mercury
Mercury (element)
Mercury is a chemical element with the symbol Hg and atomic number 80. It is also known as quicksilver or hydrargyrum...
emissions, and 25% of all nitrogen oxide
Nitrogen oxide
Nitrogen oxide can refer to a binary compound of oxygen and nitrogen, or a mixture of such compounds:* Nitric oxide, also known as nitrogen monoxide, , nitrogen oxide* Nitrogen dioxide , nitrogen oxide...
(NOx) emissions. Only SO2 has been administered under a cap-and-trade program.
The goals of the Initiative are threefold:
- Cut SO2 emissions by 73%, from emissions of 11 million tonTonThe ton is a unit of measure. It has a long history and has acquired a number of meanings and uses over the years. It is used principally as a unit of weight, and as a unit of volume. It can also be used as a measure of energy, for truck classification, or as a colloquial term.It is derived from...
s to a cap of 4.5 million tons in 2010, and 3 million tons in 2018. - Cut NOx emissions by 67%, from emissions of 5 million tons to a cap of 2.1 million tons in 2008, and to 1.7 million tons in 2018.
- Cut mercury emissions by 69%, from emissions of 48 tons to a cap of 26 tons in 2010, and 15 tons in 2018.
- Actual emissions caps would be set to account for different air quality needs in the East and West.
Through the use of a market-based cap-and-trade program, the intent of the Initiative was to reward innovation, reduce costs, and guarantee results. Each power plant facility would be required to have a permit for each ton of pollution emitted. Because the permits are tradeable, companies would have a financial incentive to cut back their emissions using newer technologies.
The Initiative was modeled on the successful SO2 emissions trading program in effect since 1995. According to the President, the program had reduced air pollution more than all other programs under the Clean Air Act of 1990 combined. Actual reductions were more than the law required and compliance was virtually 100% without the need for litigation. Also, he said that only a "handful" of employees were needed to administer the program. The total cost to achieve the reductions was about 80% less than had originally been expected.
Bush mentioned several benefits of the Initiative:
- Reduces respiratory and cardiovascular diseases by dramatically reducing smog, fine particles, and regional haze.
- Protects wildlife, habitats and ecosystem health from acid rain, nitrogen and mercury deposition.
- Cuts pollution further, faster, cheaper, and with more certainty—replacing a cycle of endless litigation with rapid and certain improvements in air quality.
- Saves as much as $1 billion annually in compliance costs that are passed along to consumers.
- Protects the reliability and affordability of electricity.
- Encourages use of new and cleaner pollution control technologies.
Competing proposals
In May 2004 the Energy Information Administration (EIA) released a study comparing the Clear Skies Act with the Clean Air Planning Act of 2003 (S. 843), introduced by Senator Thomas R. CarperThomas R. Carper
Thomas Richard "Tom" Carper is the senior United States Senator from Delaware and a member of the Democratic Party. He was previously the 71st Governor of Delaware and a United States Representative....
, and the Clean Power Act of 2003 (S. 366), introduced by Senator James Jeffords.
The differences between the three bills are summarized as follows:
- Carbon dioxide emissions: While all three bills implement emissions targets on power sector emissions of NOx, SO2, and mercury, the Clean Air Planning Act and the Clean Power Act also call for limits on carbon dioxide (CO2) emissions. Under the Clean Air Planning Act, greenhouse gas emission reductions outside of the power sector, referred to as offsets, can be used to meet the emission targets for CO2.
- Size of generators covered: All three bills cover emissions from larger generators that generate power for sale, including central station generators and generators at customer sites that sell power they do not use for their own needs. The Clear Skies and Clean Air Planning Acts cover generating facilities 25 megawatts and larger, while the Clean Power Act covers facilities 15 megawatts and larger. The bills have differing provisions regarding the coverage of combined heat and power facilities that generate some power for sale.
- Emissions caps: The bills generally rely on emissions cap and trade programs to achieve the required reductions. Under such programs, allowances will be allocated and covered generators will have to submit one allowance for each unit of emissions they produce. However, for mercury, the Clean Air Planning Act combines a minimum removal target for all plants with an emissions cap, and the Clean Power Act specifies a maximum emissions rate for all facilities and allows no trading of mercury allowances. The Clear Skies Act contains a "safety valve" feature that caps the price that power companies would have to pay for mercury ($2,187.50 per ounce or $35,000 per pound), SO2 ($4,000 per ton), and NOx ($4,000 per ton) allowances. Should one or more of these "safety valves" be triggered, the corresponding cap on emissions would effectively be relaxed.
- Emissions allocation: Under the Clear Skies Act, emission allowances are to be allocated based on historical fuel consumption, what is often referred to as "grandfathering". Under the Clean Air Planning Act, a grandfathering approach is used to allocate emission allowances for SO2, but allowances for NOx, mercury, and CO2, are allocated using an output-based scheme. Under this approach, referred to as a generation performance standard (GPS), generators are given allowances for each unit of electricity they generate. The number of allowances allocated for each unit of generation changes each year as the total generation from covered sources changes. The use of a GPS dampens the electricity price impacts of the bill but raises overall compliance costs.
- Control technology: In addition to the emission caps, the Clean Power Act also requires that all plants have the best available control technology (BACT) beginning in 2014 or when they reach 40 years of age, whichever comes later. This provision, often referred to as a "birthday" provision, requires older plants to add controls even if the total emissions of covered facilities are below the emission caps.
Criticisms of the Clear Skies Act
The law reduces air pollution controls, including those environmental protections of the Clean Air ActClean Air Act
A Clean Air Act is one of a number of pieces of legislation relating to the reduction of airborne contaminants, smog and air pollution in general. The use by governments to enforce clean air standards has contributed to an improvement in human health and longer life spans...
, including caps on toxin
Toxin
A toxin is a poisonous substance produced within living cells or organisms; man-made substances created by artificial processes are thus excluded...
s in the air and budget cuts for enforcement. The Act is opposed by conservationist groups such as the Sierra Club
Sierra Club
The Sierra Club is the oldest, largest, and most influential grassroots environmental organization in the United States. It was founded on May 28, 1892, in San Francisco, California, by the conservationist and preservationist John Muir, who became its first president...
with Henry A. Waxman, a Democratic congressman of California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
, describing its title as "clear propaganda."
Among other things, the Clear Skies Act:
- Allows 42 million more tons of pollution emitted than the EPA proposal.
- Weakens the current cap on nitrogen oxideNitrogen oxideNitrogen oxide can refer to a binary compound of oxygen and nitrogen, or a mixture of such compounds:* Nitric oxide, also known as nitrogen monoxide, , nitrogen oxide* Nitrogen dioxide , nitrogen oxide...
pollution levels from 1.25 million tons to 2.1 million tons, allowing 68 % more NOx pollution. - Delays the improvement of sulfur dioxideSulfur dioxideSulfur dioxide is the chemical compound with the formula . It is released by volcanoes and in various industrial processes. Since coal and petroleum often contain sulfur compounds, their combustion generates sulfur dioxide unless the sulfur compounds are removed before burning the fuel...
(SO2) pollution levels compared to the Clean Air Act requirements. - Delays enforcement of smogSmogSmog is a type of air pollution; the word "smog" is a portmanteau of smoke and fog. Modern smog is a type of air pollution derived from vehicular emission from internal combustion engines and industrial fumes that react in the atmosphere with sunlight to form secondary pollutants that also combine...
-and-sootSootSoot is a general term that refers to impure carbon particles resulting from the incomplete combustion of a hydrocarbon. It is more properly restricted to the product of the gas-phase combustion process but is commonly extended to include the residual pyrolyzed fuel particles such as cenospheres,...
pollution standards until 2015.
By 2018
2010s
The 2010s, pronounced "twenty-tens" or "two thousand tens", is the current decade which began on January 1, 2010 and will end on December 31, 2019...
, the Clear Skies Act will supposedly allow 3 million tons more NOx through 2012 and 8 million more by 2020, for SO2, 18 million tons more through 2012 and 34 million tons more through 2020. 58 tons more mercury through 2012 and 163 tons more through 2020 would be released into the environment than what would be allowed by enforcement of the Clean Air Act.http://epw.senate.gov/108th/Hawkins_040803.htm
In August 2001, the EPA proposed a version of the Clear Skies Act that contained short timetables and lower emissions caps http://epw.senate.gov/108th/Hawkins_040803.htm. It is unknown why this proposal was withdrawn and replaced with the Bush Administration proposal. It is also unclear whether or not the original EPA proposal would have made it out of committee.
In addition, some opponents consider the term, "Clear Skies Initiative" (similarly to the Healthy Forests Initiative
Healthy Forests Initiative
The Healthy Forests Initiative , officially the Healthy Forests Restoration Act of 2003 , is a law originally proposed by President George W. Bush in response to the widespread forest fires during the summer of 2002...
), to be an example of administration Orwellian
Orwellian
"Orwellian" describes the situation, idea, or societal condition that George Orwell identified as being destructive to the welfare of a free society...
Doublespeak
Doublespeak
Doublespeak is language that deliberately disguises, distorts, or reverses the meaning of words. Doublespeak may take the form of euphemisms , making the truth less unpleasant, without denying its nature. It may also be deployed as intentional ambiguity, or reversal of meaning...
, using environmentally friendly terminology as "cover" for a give-away to business interests.
Arguments for the Clear Skies Act
Proponents for the CSA argue that the Clean Air Act sets unachievable goals, especially for ozoneTropospheric ozone
Ozone is a constituent of the troposphere . Photochemical and chemical reactions involving it drive many of the chemical processes that occur in the atmosphere by day and by night...
and nitrogen oxide
Nitrogen oxide
Nitrogen oxide can refer to a binary compound of oxygen and nitrogen, or a mixture of such compounds:* Nitric oxide, also known as nitrogen monoxide, , nitrogen oxide* Nitrogen dioxide , nitrogen oxide...
pollution. Having a clearly defined cap will benefit both industry and the general population because the goals are visible to everyone and industry benefits from cost-certainty. For example, the claim that simply enforcing the Clean Air Act will result in less pollution than the Clear Skies Act assumes that strict measures will be taken in heavily polluting areas, such as Los Angeles
Los Angeles, California
Los Angeles , with a population at the 2010 United States Census of 3,792,621, is the most populous city in California, USA and the second most populous in the United States, after New York City. It has an area of , and is located in Southern California...
and other municipalities. Measures such as transportation control were taken in the 1970s but were withdrawn amid widespread public protest. Proponents of reform argue that a more likely result of following the current Clean Air Act is the continued 'muddling along' approach to environmental legislation, with most important decisions made in courts on a case by case basis after many years of litigation .
External links
Pro Clear Skies Act sourcesAnti Clear Skies Act sources