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The Clean Smokestacks Act of 2001
On March 27, 2001, Rep. Henry A. Waxman (D-CA) and Rep. Sherwood Boehlert (R-NY) introduced H.R. 1256, "The Clean Smokestacks Act of 2001." H.R. 1256 is a comprehensive approach to cleaning up the nation’s power plants, and has garnered the bipartisan support of over 125 members of Congress. Sen. Jeffords (I-VT), Sen. Lieberman (D-CT), Sen. Collins (R-ME), and Sen. Schumer (D-NY) introduced a companion bill in the Senate entitled "The Clean Power Act of 2001."

The Environmental Problem
Electricity generation is our nation's single largest source of air pollution and greenhouse gas emissions. Nationally, annual power plant emissions are responsible for about 40 % of carbon dioxide (CO2), 64 % of sulfur dioxide (SO2), 26 % of nitrogen oxides (NOx) and 33 % of mercury (Hg). These four pollutants are the major cause of some of the most serious environmental problems the nation faces, including acid rain, smog, respiratory illness, mercury contamination, and global warming.

The Clean Air Act
When the original Clean Air Act was enacted in 1970, the electric utility industry argued that stringent controls shouldn’t be imposed on the oldest, dirtiest plants since they would soon be replaced by new state-of-the-art facilities. Although Congress acceded to these arguments and shielded old power plants from the law’s requirements, many of these facilities -- which were already old in 1970 -- are still in use. In some cases, power plants from 1922 are still in operation and have never had to meet the environmental requirements that a new facility would.

Not surprisingly, the vast majority of these plants fail to meet modern pollution standards for nitrogen oxides (NOx) and sulfur dioxide (SO2). In the most serious cases, a single plant in the Midwest can emit as much pollution as the entire state of Massachusetts. Currently, there are no standards for carbon dioxide (CO2) pollution, the chief greenhouse gas, and no standard for mercury pollution, a pollutant responsible for fish advisories throughout the country.

The Clean Smokestacks Act of 2001
The Clean Smokestacks Act of 2001 seeks to modernize polluting power plants in the fairest way possible. The Act will bring down overall emissions from power plants to levels that are cost effective and technologically feasible, while increasing incentives for renewable energy and energy efficiency. In addition, this legislation will finally ensure that outdated power plants are modernized to meet current pollution-control standards. Specifically, the Act:

• Reduces Pollutants Which Cause Smog, Acid Rain, Respiratory Disease, Global Warming and Mercury Contamination. The Clean Smokestacks Act will dramatically cut power plant emissions of the four major power plant pollutants by 2005:

• Nitrogen oxides (NOx) emissions would be cut by 75% from 1997 levels,
• Sulfur dioxide (SO2) emissions would be cut by 75 % from levels currently required by the Clean Air Act,
• Mercury emissions would be cut by 90 % from 1999 levels, and
• CO2 emissions would be cut to 1990 levels.

The NOx, SO2, and mercury reductions were set at levels that are known to be necessary to meet our health and environmental goals with cost effective and available technology. The CO2 reduction is the reduction called for in the Rio Accord on global warming which was supported by President George H.W. Bush and ratified by the U.S. Senate.

• Closes the Grandfather Loophole for Outdated Power plants. The Clean Smokestacks Act will require every power plant to meet the most recent pollution control standards for new pollution sources. The new standards must be met either on the power plant’s 30th birthday, or 5 years after enactment of the Act, whichever is later.

• Allows Emissions Trading to Help Control Pollution at a Reduced Cost while Preventing Adverse Impacts on Public Health and the Environment. The Clean Smokestacks Act will allow power plants to use market mechanisms, such as emissions trading, in order to comply with its emissions reduction requirements. However, trading will not be allowed if it enables a power plant to pollute at a level that damages public health or the environment. Trading of mercury pollution allowances is prohibited.

• Promotes an Energy Policy that will Save Consumers Money. The Clean Smokestacks Act directs the Administrator to work with the federal and state governments to increase energy efficiency, to increase the use of renewable energy, and to implement cost saving advanced demand and supply side policies. The Department of Energy has found that this approach can actually save the nation money as we significantly reduce pollution.

The Bush Administration
During the 2000 presidential campaign, George W. Bush promised that he would support legislation to comprehensively reduce the emissions from power plants. He recanted that promise shortly after being sworn into office, stating that he opposed mandatory reductions in the greenhouse gas carbon dioxide.