In Reversal, Boxer Sharply Curbs Clean Air Act Regulation Of Greenhouse Gases
By on Nov 3rd, 2009
In a major shift, Sen. Barbara Boxer (D-CA) has changed the Clean Energy Jobs Act to significantly restrict the use of existing Clean Air Act provisions to regulate greenhouse gases. Unlike the climate bill passed by the House in June, the initial version of the Clean Energy Jobs and American Power Act, released by lead sponsor Sen. John Kerry (D-MA) and Boxer last month, did not strip the Environmental Protection Agency’s existing authority. The new language excludes global warming pollution from several sections of the Clean Air Act, limiting its regulation to operating permits for stationary sources emitting over “25,000 tons per year of any greenhouse gas”:
Notwithstanding any provision of this title or title III, no stationary source shall be required to apply for, or operate pursuant to, a permit under this title solely because the stationary source, including an agricultural source, emits less than 25,000 tons per year of any greenhouse gas or combination of greenhouse gases that are regulated solely because of the effect of those gases on climate change.
The 25,000 ton standard reflects the EPA’s plan for starting global warming regulation under a “tailoring rule” limited to the few thousand stationary sources of more than that amount of carbon dioxide a year — in large part coal-fired power plants. However, Boxer’s text is poorly written, as many greenhouse gases are thousands of times more powerful global warming pollutants than carbon dioxide.
The new text — like that of the House bill — completely forbids the regulation of greenhouse gases under the criteria pollutant, hazardous air pollutant, and international air pollution sections of the Clean Air Act.
Although several progressive and environmental organizations have made the preservation of existing Clean Air Act authority in the Clean Energy Jobs and American Power Act a key demand, Democratic members of the Committee on Environment and Public Works — which is now beginning to mark up the legislation — are split on this issue. Committee members Sen. Kirsten Gillibrand (D-NY) and Sheldon Whitehouse (D-RI) are signatories, with Chris Dodd (D-CT), of a dear colleague letter in favor of allowing greenhouse gas regulation as a pollutant circulated by Sen. Bob Menendez (D-NJ). However, Sen. Arlen Specter (D-PA) had questioned the provision, and influential member Max Baucus (D-MT), the Finance Committee chair, strongly opposes EPA regulation.
Organizations that have called on the Senate to “save the Clean Air Act” include Friends of the Earth, 1Sky, and MoveOn, supported by youth and other grassroots activists. Read Entire Article