Federal Background

Often described as a “four-pollutant” bill, the Clean Power Act establishes a new, integrated approach to power plant clean-up. It cuts nitrogen oxide and sulfur dioxide emissions (the sources of smog, lung-clogging particulates and acid rain) 75 percent; slashes mercury output 90 percent; and cuts carbon dioxide emissions roughly 25 percent, reducing them to 1990 levels. 

At the same time, the Clean Power Act attacks pollution from the demand side by requiring robust energy efficiency programs and by providing new incentives for renewable energy sources such as wind and solar power -- steps that would cut electric bills for businesses and consumers alike. 

Past Federal Legislative Attempts

On September 21, 1999, Representative Waxman introduced the “Clean Smokestacks Act of 1999,” H.R.2900. This bipartisan legislation is designed to finally clean up the nation’s most polluting, outdated power plants. The Clean Smokestacks Act would dramatically cut aggregate power plant emissions of the four major power plant pollutants by 2005. Both NOx and SO2 emissions would be cut by 75 percent from 1997 levels, mercury emissions would be cut by 90 percent from 1997 levels, and CO2 emissions would be cut to 1990 levels. The NOx, SO2, and mercury reductions are set at levels that are known to be cost effective with today’s available technology. 

The last major bill was the Clean Air Act of 1990. A primary goal of the Clean Air Act is to reduce urban smog and other common air pollutants to safe levels. To achieve this goal, the act requires the Environmental Protection Agency to set health-based “National Ambient Air Quality Standards.” The states are then required to develop plans for meeting these standards. The Clean Air Act is complicated because it addresses diverse air pollution problems: urban smog, hazardous air pollution, acid rain, and the depletion of the stratospheric ozone layer. Since 1970, however, the core of the act has been a set of standards called the National Ambient Air Quality Standards (NAAQS). NAAQS are said to be “health-based” standards because they are set by EPA at a level adequate to protect public health, including the health of sensitive groups such as children and the elderly.

The NAAQS are the nation’s air quality goals. States are required to develop plans that will  allow them to control air pollution and attain compliance with these standards. Over the last 25 years, EPA has set standards for six air pollutants: ozone, nitrogen dioxides (NO2), sulfur dioxide (SO2), carbon monoxide (CO), lead, and particulate matter (PM). The states have developed plans to reach these standards and are currently implementing them. 

The Clean Air Act requires EPA to review the standards every five years to evaluate the current science and determine if the standards are adequately protecting the public’s health. EPA’s most recent review of the science on particulates and ozone showed that exposure to air pollutants at the current standards is more dangerous than previously believed. This new finding caused EPA to propose more stringent standards in November 1996. These standards are being challenged as scientifically unjustified and too expensive by a coalition of polluting industries.

Congressman Henry Waxman introduced the “Clean Smokestacks Act of 1999.” This bipartisan legislation was designed to finally cleanup the nation’s most polluting outdated power plants.

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