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CRS85-517ENRp043
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CRS85-517ENRp043
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ruled that "safe is not the equivalent of risk-free," (Industrial Union Dept., AFL-CIO vs American Petroleum Institute, 448 U.S. 607 (1980). But in a recent CAA case, a Federal district court ruled EPA could not withdraw proposed Section 112 regulations for radio- nuclide emissions because the agency believed the health risk did not justify regulation (Sierra Club vs. Ruckelshaus, No. *84-0656
CRS85-517ENRp046
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CRS85-517ENRp046
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CRS-31 Background EPA has proposed two sets of regulations to mitigate these problems: First, it proposed a lead phasedown plan that would decrease the lead content in gasoline substantially by 1986 and would ban lead entirely by the mid- 1990. A final rule was to be issued by the end of 1984. Second, it proposed a Federal pollution tax on manufacturers heavy~duty trucks and truck engines
CRS85-517ENRp042
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CRS85-517ENRp042
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-wide application and consistency many expected the Federal program to provide. EPA's slow pace in regulating hazardous air pollutants was the subject of a study by the General Accounting Office, "Delays in EPA's Regulation of Hazardous Air Pollutants" ((GAO/RCED-83-199), August 23, :983}s GAO reported that major obstacles to regulatory action originate within EPA. They include uncertainty
CRS85-517ENRp045
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CRS85-517ENRp045
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light-duty vehicles, or postpone further reductions pending the effect on ambient air quality of heavy-duty vehicle controls now scheduled to start in 1987? (2) Should the Act's warranty and tampering provisions be strengthed to prohibit tampering and misfueling by all persons to counteract zhe abuse of emission control devices?
CRS85-517ENRp041
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CRS85-517ENRp041
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in the environment and how to contain them. Primary authority for controlling these pollutants in the air is section 112 of the 1970 Clean Air Act. Despite identification of many candidate hazardous air pollutants, EPA has listed only seven and regulated only four. The Agency's failure to move more rapidly in making regulatory decisions on other chemicals-- it has been studying some three dozen candidate
CRS85-517ENRp044
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CRS85-517ENRp044
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. 98th Cong., lst sess., Nov. 7, 1983. P 0 A '‘ U.S. GAO. Delays in EPA's regulation of hazardous air pollutants. GAO/ RCED-83-199, August 28, 1983. 53 p. STAPPA/ALAPCO. Toxic air pollutants: State and local regulatory strah tegies. Jan. 1984. 152 p. '
CRS85-517ENRp040
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CRS85-517ENRp040
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. Senate. Committee on Environment and Public Works. Clean Air Act Amendments of 1983. Hearings. 98th Cong., lst sess., Nov. l5, 17, 1983. S. Hrg. 98-543. Part 1, 605 p.; Part 2. 162 p. U.S. General Accounting Office. Problems in air quality monitoring system affect data reliabiliti. GAO/CED-82-101. Sent. 22, 1982. 4A 9.
CRS85-517ENRp047
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CRS85-517ENRp047
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CRS-32 Walsh, Michael. The costs and benefits of diesel particulate control. II. Reprint #840177, Society of Automotive Engineers, Inc. 1984. White, Lawrence J. The regulation of air pollutant emissions from motor vehicles. American Enterprise Institute, 1982. EPA proposes 91 percent reduction of lead in gasoline. Journal of the Air Pollution Control Association, v. 34, Sept. 1984, pp. 958
CRS85-517ENRp048
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CRS85-517ENRp048
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problems for existing coal-burning sources that cannot retrofit and must compete with new, low-sulfur coal burning installations. To remedy this situation, the 1977 Amendments required that NSPS be expressed both as a numerical emission limit (e.g., pounds/pollutant/hour) and a mandatory percentage reduction of the pollutant content of untreated fuel (a range between 70-90 percent of sulfur dioxide
CRS85-517ENRp049
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CRS85-517ENRp049
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and Commerce, would have limited percentage reduction to those source categories to which NSPS applied on December 31, 1981. __ _, . , . ,_ _,__ _ - ..........- .....-.-..--_ - :"-.":..: _. _-- . ._ _ _. .
CRS85-517ENRp051
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CRS85-517ENRp051
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by technology which would. obtain Lowest Achievable Emission Rates (LAER). However, on October 14, 1981 EPA revised its definition of source in a nonattainment area by permitting the use of the "bubble concept" in such areas. (The bubble concept, according to EPA, treats all pollution-emitting devices within the same industrial grouping as though they were encased in a bubble, thus representing all
CRS85-517ENRp050
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CRS85-517ENRp050
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CRS-35 References American Enterprise Institute. The Clean Air Act. Proposals for revisions. Nov. l98l, pp. 29-30. National Commission on Air Quality (NCAQ). To breathe clean air. March 1981. pp. 223-226. U.S. Congress. Senate. Committee on Environment and Public Works. Clean Air Act Oversight. Hearings. April, May, June 1981. 97th Cong., lst sess. Part 1, pp. 455-468.
CRS85-517ENRp059
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CRS85-517ENRp059
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amendment. This amendment would have required over half the l0-million ton reduction in sulfur oxide emissions to be achieved by scrubbing the 50 most polluting coal-fired utility plants, and it would have financed the clean- up by taxing all nonnuclear power produced in the U.S. However, the acid precipitation portion of H.R. 53l& was struck in subcommittee on a 20-? vote. Several forces suggest
CRS85-517ENRp052
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CRS85-517ENRp052
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CRS-37 regulations must be aimed at reaching standards as expeditiously as possible, a bubble mechanism could not be permitted (NRDC v Gorsuch, 17 ERC 1825). On June 25, 1984 the Supreme Court reversed the lower court's decision and upheld EPA's revised definition of "source" by ruling that the Agency's decision was a permissible and reasonable construction of the Act
CRS85-517ENRp053
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CRS85-517ENRp053
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CRS-38 References U.S. Library of Congress. Congressional Research Service. Clean Air Act: can nonattainment be cured? MB 84201, 1/3/84 (regularly updated). Pulse Part D, deCo Supreme Court of the U.S. Chevron USA, Inc. v. NRDC, Inc. et al. No. 82-1005, 82-1247 and 82-1591. June 25, 1984.
CRS85-517ENRp054
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CRS85-517ENRp054
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in place, or are being considered. - ' Background In contrast to the regulatory activities and resources allocated to im- prove and maintain outdoor ambient air quality in the past 20 years, indoor air quality has received comparatively less attention, except for industrial environments. However, studies have demonstrated that - most people spend 70-80% of their time indoors; - indoor pollutant
CRS85-517ENRp056
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CRS85-517ENRp056
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, Federal mandatory regulations to be enforced by States and localities, or a voluntary compliance program which includes tax credits and other incentives? - Can research programs currently underway or planned answer these questions? References National Academy of Sciences. Indoor pollutants. Wational Academy Fress, 1981. 538 2. NCAQ. To breathe clean air. Mach 1981. pp. 11; 56, 33. U.S. Congress. House
CRS85-517ENRp058
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CRS85-517ENRp058
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of acid precipitation? Would controls on utilities emitting sulfur dioxide in the Midwest mitigate acid precipitation in the Northeast? To answer these questions, the 96th Congress enacted the Acid Precipitation Act of 1980 (Title VII; Energy Security Act, P.L. 96-294). This research program is beginning to produce results, with a major interim report scheduled for 1985. Now, the second round of acid
CRS85-517ENRp055
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CRS85-517ENRp055
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own regulatory mandate which has sometimes resulted in duplication of research efforts and occasional conflicts regarding pro- posed measures. However, EPA, DOE, HHS and CPSC co-chair a 13-member in- teragency Committee for Indoor Air Quality which has recently completed a Federal indoor air strategy, to be transmitted to Congress after review and approval by the Office of Management and Budget
CRS85-517ENRp057
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CRS85-517ENRp057
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CRS-42 8. ACID PRECIPITATION Issue Over the past Congress, acid precipitation was the most actively debated air quality issue. Points of contention included the urgency of the problem and who should pay the costs of reduction. For the present, the Administration is supporting an accelerated research program, saying that imposing costly con- trol actions is premature. And even if the questions of urgency and financing cleanup are resolved, any acid precipitation legislation is likely to be just one ingredient of a more comprehensive debate on Clean Air Act amendments. Background ’Acid precipitation results from oxides of sulfur and nitrogen reacting with water vapor in the atmosphere. It has the potential--either alone or together with other pollutants-to-damage lakes and fish populations, forests, crops, soil fertility, and manmade materials. The precursor pollutants are produced primarily by the combustion of fossil fuels in powerplants, industrial boilers, and automobiles; and by smelting processes. The single greatest source of acid precipitation is believed to be sulfur in coal burned by electric utilities. Mationally emissions of sulfur dioxide are running at about 26 million tons per year. In North America, the area most vulnerable to acid precipitation appears to be our Northeast, especially New York State and New England and Canada's eastern Provinces. These areas are affected both by local sources and, it is generally believed, by emissions originating from high-sulfur coal burning utilities in the Midwest. While lake and fish damage has generated the most concern, forest decline is attracting increasing attention, with acid pre- cipitation one of the postulated causes.

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