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Clear Skies Act of 2003

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The Clear Skies Act of 2003 was 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."

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126-464: 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

252-559: 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 SO 2 , 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

378-411: A nonpartisan blanket primary (also known as a "jungle primary" or "top-two primary") is held in which all candidates participate in a single primary regardless of party affiliation and the top two candidates in terms of votes received at the primary election advance to the general election, where the winner is the candidate with the greater number of votes. In Louisiana, the blanket primary is considered

504-412: A "nonroad" engine program ( 42 U.S.C.   § 7547 ), which expanded EPA regulation to locomotives, heavy equipment and small equipment engines fueled by diesel (compression-ignition), and gas and other fuels (spark-ignition), and marine transport. EPA has developed a variety of voluntary programs to incentivize and promote reduction in transportation-related air pollution, including elements of

630-526: 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

756-472: A chair in the front of the Senate chamber. The powers of the presiding officer of the Senate are far less extensive than those of the speaker of the House . The presiding officer calls on senators to speak (by the rules of the Senate, the first senator who rises is recognized); ruling on points of order (objections by senators that a rule has been breached, subject to appeal to the whole chamber); and announcing

882-520: A criteria pollutant, controlling it through mobile source authorities, but it was required to do so after successful litigation by Natural Resources Defense Council (NRDC) in 1976 (43 FR 46258 ). The 1977 CAA Amendments created a process for regular review of the NAAQS list, and created a permanent independent scientific review committee to provide technical input on the NAAQS to EPA. EPA added regulations for PM2.5 in 1997 (62 FR 38652 ), and updates

1008-474: A full-term). The Seventeenth Amendment permits state legislatures to empower their governors to make temporary appointments until the required special election takes place. The manner by which the Seventeenth Amendment is enacted varies among the states. A 2018 report breaks this down into the following three broad categories (specific procedures vary among the states): In ten states within

1134-407: A majority of the Senate constitutes a quorum to do business. Under the rules and customs of the Senate, a quorum is always assumed as present unless a quorum call explicitly demonstrates otherwise. A senator may request a quorum call by "suggesting the absence of a quorum"; a clerk then calls the roll and notes which members are present. In practice, senators rarely request quorum calls to establish

1260-418: A method to remove that disqualification: a two-thirds vote of both chambers of Congress. Originally, senators were selected by the state legislatures , not by popular elections . By the early years of the 20th century, the legislatures of as many as 29 states had provided for popular election of senators by referendums. Popular election to the Senate was standardized nationally in 1913 by the ratification of

1386-575: A more deliberative and prestigious body than the House of Representatives due to its longer terms, smaller size, and statewide constituencies, which historically led to a more collegial and less partisan atmosphere. The Senate chamber is located in the north wing of the Capitol Building in Washington, D.C. , the nation's capital. Despite not being a senator, the vice president of

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1512-752: A new section to authorize abatement of international air pollution. The Air Quality Act of 1967 ( Pub. L.   90–148 ) authorized planning grants to state air pollution control agencies, permitted the creation of interstate air pollution control agencies, and required HEW to define air quality regions and develop technical documentation that would allow states to set ambient air quality and pollution control technology standards, and required states to submit implementation plans for improvement of air quality, and permitted HEW to take direct abatement action in air pollution emergencies. It also authorized expanded studies of air pollutant emission inventories, ambient monitoring techniques, and control techniques. This enabled

1638-589: A new title to address the issue of acid rain, and particularly nitrogen oxides (NO x ) and sulfur dioxide (SO 2 ) emissions from electric power plants powered by fossil fuels, and other industrial sources. The Acid Rain Program was the first emissions trading program in the United States, setting a cap on total emissions that was reduced over time by way of traded emissions credits, rather than direct controls on emissions. The program evolved in two stages:

1764-401: A regular or special Senate election. Senators serve terms of six years each; the terms are staggered so that approximately one-third of the seats are up for election every two years. This was achieved by dividing the senators of the 1st Congress into thirds (called classes ), where the terms of one-third expired after two years, the terms of another third expired after four, and the terms of

1890-556: A representative must be twenty-five. And the former must have been a citizen nine years; as seven years are required for the latter. The propriety of these distinctions is explained by the nature of the senatorial trust, which, requiring greater extent of information and stability of character, requires at the same time that the senator should have reached a period of life most likely to supply these advantages; and which, participating immediately in transactions with foreign nations, ought to be exercised by none who are not thoroughly weaned from

2016-423: A result, it is uncertain whether an Alaska governor may appoint an interim senator to serve until a special election is held to fill the vacancy. In May 2021, Oklahoma permitted its governor again to appoint a successor who is of the same party as the previous senator for at least the preceding five years when the vacancy arises in an even-numbered year, only after the appointee has taken an oath not to run in either

2142-514: A senator by a two-thirds vote. Fifteen senators have been expelled in the Senate's history: William Blount , for treason, in 1797, and fourteen in 1861 and 1862 for supporting the Confederate secession . Although no senator has been expelled since 1862, many senators have chosen to resign when faced with expulsion proceedings – for example, Bob Packwood in 1995. The Senate has also censured and condemned senators; censure requires only

2268-447: A separate ballot referendum that took effect on the same day, but that conflicted with each other. The effect of the ballot-approved law is to withhold from the governor authority to appoint a senator. Because the 17th Amendment vests the power to grant that authority to the legislature – not the people or the state generally – it is unclear whether the ballot measure supplants the legislature's statute granting that authority. As

2394-572: A series of laws to reduce air pollution, and Congress began discussing whether to take further action in response. At the time, the primary federal agencies interested in air pollution were the United States Bureau of Mines , which was interested in "smoke abatement" (reducing smoke from coal burning), and the United States Public Health Service , which handled industrial hygiene and was concerned with

2520-443: A simple majority and does not remove a senator from office. Some senators have opted to withdraw from their re-election races rather than face certain censure or expulsion, such as Robert Torricelli in 2002. The "majority party" is the political party that either has a majority of seats or can form a coalition or caucus with a majority of seats; if two or more parties are tied, the vice president's affiliation determines which party

2646-549: A solely national program, the CAA imposes responsibilities on the U.S. states to create plans to implement the Act's requirements. EPA then reviews, amends, and approves those plans. EPA first promulgated SIP regulations in 1971 and 1972. The 1970 Amendments imposed eight criteria that an implementation plan must meet. The EPA is required to approve plans that adhere to the Senate's three-year mandate for primary air quality standards even if

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2772-465: A uniform law) the power to legislate a method by which senators are elected. Ballot access rules for independent and minor party candidates also vary from state to state. In 45 states, a primary election is held first for the Republican and Democratic parties (and a select few third parties , depending on the state) with the general election following a few months later. In most of these states,

2898-410: Is anticipated. The Constitution authorizes the Senate to elect a president pro tempore ( Latin for "president for a time"), who presides over the chamber in the vice president's absence and is, by custom, the senator of the majority party with the longest record of continuous service. Like the vice president, the president pro tempore does not normally preside over the Senate, but typically delegates

3024-481: Is counted, the Clean Air Act has substantially reduced air pollution and improved US air quality—benefits which EPA credits with saving trillions of dollars and many thousands of lives each year. In the United States, the "Clean Air Act" typically refers to the codified statute at 42 U.S.C. ch. 85 . That statute is the product of multiple acts of Congress , one of which—the 1963 act—was actually titled

3150-735: Is the upper chamber of the United States Congress . The Senate and the United States House of Representatives (which is the lower chamber of Congress) comprise the federal bicameral legislature of the United States . Together, the Senate and the House have the authority under Article One of the U.S. Constitution to pass or defeat federal legislation. The Senate has exclusive power to confirm U.S. presidential appointments to high offices, approve or reject treaties, and try cases of impeachment brought by

3276-468: Is the majority party. One hundred desks are arranged in the chamber in a semicircular pattern and are divided by a wide central aisle. The Democratic Party traditionally sits to the presiding officer's right, and the Republican Party traditionally sits to the presiding officer's left, regardless of which party has a majority of seats. Each senator chooses a desk based on seniority within

3402-437: Is the majority party. The next-largest party is known as the minority party. The president pro tempore, committee chairs, and some other officials are generally from the majority party; they have counterparts (for instance, the "ranking members" of committees) in the minority party. Independents and members of third parties (so long as they do not caucus support either of the larger parties) are not considered in determining which

3528-574: Is the sole judge of a senator's qualifications. During its early years, however, the Senate did not closely scrutinize the qualifications of its members. As a result, four senators who failed to meet the age requirement were nevertheless admitted to the Senate: Henry Clay (aged 29 in 1806), John Jordan Crittenden (aged 29 in 1817), Armistead Thomson Mason (aged 28 in 1816), and John Eaton (aged 28 in 1818). Such an occurrence, however, has not been repeated since. In 1934, Rush D. Holt Sr.

3654-618: The Constitution debated more about how to award representation in the Senate than about any other part of the Constitution. While bicameralism and the idea of a proportional "people's house" were widely popular, discussions about Senate representation proved contentious. In the end, some small states—unwilling to give up their equal power with larger states under the Articles of Confederation —threatened to secede in 1787, and won

3780-529: The Federal Employees Retirement System (FERS) or Civil Service Retirement System (CSRS). FERS has been the Senate's retirement system since January 1, 1987, while CSRS applies only for those senators who were in the Senate from December 31, 1986, and prior. As it is for federal employees, congressional retirement is funded through taxes and the participants' contributions. Under FERS, senators contribute 1.3% of their salary into

3906-613: The Seventeenth Amendment . Elections to the Senate are held on the first Tuesday after the first Monday in November in even-numbered years, Election Day , and occur simultaneously with elections for the House of Representatives . Senators are elected by their state as a whole. The Elections Clause of the United States Constitution grants each state (and Congress, if it so desires to implement

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4032-473: The de facto standard that automobile manufacturers subsequently accepted, to avoid having to develop different emission systems in their vehicles for different states. However, in September 2019, President Donald Trump attempted to revoke this waiver, arguing that the stricter emissions have made cars too expensive, and by removing them, will make vehicles safer. EPA's Andrew Wheeler also stated that while

4158-413: The gavel of the Senate to maintain order. A " hold " is placed when the leader's office is notified that a senator intends to object to a request for unanimous consent from the Senate to consider or pass a measure. A hold may be placed for any reason and can be lifted by the senator who placed it at any time. A senator may place a hold simply to review a bill, to negotiate changes to the bill, or to kill

4284-927: The ozone layer . Consistent with the US commitments in the Montreal Protocol , CAA Title VI, added by the 1990 CAA Amendments, mandated regulations regarding the use and production of chemicals that harm Earth's stratospheric ozone layer. Under Title VI, EPA runs programs to phase out ozone-destroying substances, track their import and export, determine exemptions for their continued use, and define practices for destroying them, maintaining and servicing equipment that uses them, identifying new alternatives to those still in use , and licensing technicians to use such chemicals. Rules for pollutants emitted from internal combustion engines in vehicles. Since 1965, Congress has mandated increasingly stringent controls on vehicle engine technology and reductions in tailpipe emissions. Today,

4410-434: The parliamentarian . In the early 1920s, the practice of majority and minority parties electing their floor leaders began. The Senate's legislative and executive business is managed and scheduled by the Senate's majority leader, who on occasion negotiates some matters with the Senate's minority leader. A prominent practice in the Senate is the filibuster on some matters and its remedy the vote on cloture . The drafters of

4536-414: The senior senator , while the other is the junior senator . For example, majority leader Chuck Schumer is the senior senator from New York, having served in the senate since 1999, while Kirsten Gillibrand is New York's junior senator, having served since 2009. Like members of the House of Representatives, Senators use the prefix " The Honorable " before their names. Senators are usually identified in

4662-423: The state legislature of their respective states. However, since 1913, following the ratification of the Seventeenth Amendment , senators have been elected through a statewide popular vote . As the upper chamber of Congress, the Senate has several powers of advice and consent . These include the approval of treaties , as well as the confirmation of Cabinet secretaries , federal judges (including justices of

4788-412: 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. United States Senate Minority (49) The United States Senate

4914-454: The Act. The EPA's auto emission standards for greenhouse gas emissions issued in 2010 and 2012 are intended to cut emissions from targeted vehicles by half, double fuel economy of passenger cars and light-duty trucks by 2025 and save over $ 4 billion barrels of oil and $ 1.7 trillion for consumers. The agency has also proposed a two-phase program to reduce greenhouse gas emissions for medium and heavy duty trucks and buses. In addition, EPA oversees

5040-618: The Agency feels the plan does not appear feasible. In Union Electric Co. v. Environmental Protection Agency the Supreme Court considered whether the Agency was required to reject plans that were not technologically or economically feasible. The court decided that states could adopt emission standards stricter than national standards and "force" technology (i.e. require installation of more advanced technologies). The 1977 CAA Amendments added SIP requirements for areas that had not attained

5166-415: The Clean Air Act's major regulatory programs. Today, the following are major regulatory programs under the Clean Air Act. The National Ambient Air Quality Standards (NAAQS) govern how much ground-level ozone (O 3 ), carbon monoxide (CO), particulate matter (PM 10 , PM 2.5 ), lead (Pb), sulfur dioxide (SO 2 ), and nitrogen dioxide (NO 2 ) are allowed in the outdoor air. The NAAQS set

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5292-460: The Clean Air Act, and another of which—the 1970 act—is most often referred to as such. In the U.S. Code, the statute itself is divided into subchapters, and the section numbers are not clearly related to the subchapters. However, in the bills that created the law, the major divisions are called "Titles", and the law's sections are numbered according to the title (e.g., Title II begins with Section 201). In practice, EPA, courts, and attorneys often use

5418-502: The Clean Diesel Campaign, Ports Initiative, SmartWay program (for the freight transportation sector), and others. The federal government has regulated the chemical composition of transportation fuels since 1967, with significant new authority added in 1970 to protect public health. One of EPA's earliest actions was the elimination of lead in U.S. gasoline beginning in 1971, a project that has been described as "one of

5544-606: The Clean Power Act of 2003 (S. 366), introduced by Senator James Jeffords . The differences between the three bills are summarized as follows: The law reduces air pollution controls, including those environmental protections of the Clean Air Act , including caps on toxins in the air and budget cuts for enforcement. The Act is opposed by conservationist groups such as the Sierra Club with Henry A. Waxman ,

5670-555: The Congress to determine its convening and adjournment dates and other dates and schedules as it desires. Article 1, Section 3, provides that the president has the power to convene Congress on extraordinary occasions at his discretion. A member who has been elected, but not yet seated, is called a senator-elect ; a member who has been appointed to a seat, but not yet seated, is called a senator-designate . The Constitution requires that senators take an oath or affirmation to support

5796-430: The Constitution stipulates that no constitutional amendment may be created to deprive a state of its equal suffrage in the Senate without that state's consent. The United States has had 50 states since 1959, thus the Senate has had 100 senators since 1959. Before the adoption of the Seventeenth Amendment in 1913, senators were elected by the individual state legislatures . Problems with repeated vacant seats due to

5922-519: The Constitution, the vice president serves as president of the Senate. They may vote in the Senate ( ex officio , for they are not an elected member of the Senate) in the case of a tie, but are not required to. For much of the nation's history the task of presiding over Senate sessions was one of the vice president's principal duties (the other being to receive from the states the tally of electoral ballots cast for president and vice president and to open

6048-537: The Constitution. Congress has prescribed the following oath for all federal officials (except the President), including senators: I, ___ ___, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge

6174-529: The EPA test results with real-world driving. In 1996, EPA proposed updating the Federal Testing Procedures to add a new higher-speed test (US06) and an air-conditioner-on test (SC03) to further improve the correlation of fuel economy and emission estimates with real-world reports. In December 2006 the updated testing methodology was finalized to be implemented in model year 2008 vehicles and set

6300-527: The EPA with enforcement authority and requiring states to develop State Implementation Plans for how they would meet new national ambient air quality standards by 1977. This cooperative federal model continues today. The law recognizes that states should lead in carrying out the Clean Air Act, because pollution control problems often require special understanding of local conditions such as geography, industrial activity, transportation and housing patterns. However, states are not allowed to have weaker controls than

6426-484: The EPA, as well as giving the EPA the ability to regulate the inclusion of renewable sources, notably, through a $ 27 billion green bank , among other methods. Other important but less foundational Clean Air Act regulatory programs tend to build on or cut across the above programs: The 1963 act required development of State Implementation Plans (SIPs) as part of a cooperative federalist program for developing pollution control standards and programs. Rather than create

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6552-583: The FERS retirement plan and pay 6.2% of their salary in Social Security taxes. The amount of a senator's pension depends on the years of service and the average of the highest three years of their salary. The starting amount of a senator's retirement annuity may not exceed 80% of their final salary. In 2006, the average annual pension for retired senators and representatives under CSRS was $ 60,972, while those who retired under FERS, or in combination with CSRS,

6678-537: The House. The Senate and the House provide a check and balance on the powers of the executive and judicial branches of government. The composition and powers of the Senate are established by Article One of the United States Constitution . Each of the 50 states is represented by two senators who serve staggered six-year terms . In total, the Senate consists of 100 members. From its inception in 1789 until 1913, senators were appointed by

6804-450: The NAAQS from time to time based on emerging environmental and health science. The National Emissions Standards for Hazardous Air Pollutants (NESHAPs) govern how much of 187 toxic air pollutants are allowed to be emitted from industrial facilities and other sources. Under the CAA, hazardous air pollutants (HAPs, or air toxics) are air pollutants other than those for which NAAQS exist, which threaten human health and welfare. The NESHAPs are

6930-473: The Prevention of Significant Deterioration (PSD) of air quality in areas attaining the NAAQS. The 1977 CAAA also contained requirements pertaining to sources in non-attainment areas for NAAQS. A non-attainment area is a geographic area that does not meet one or more of the federal air quality standards. Both of these 1977 CAAA established major permit review requirements to ensure attainment and maintenance of

7056-554: The SIP requirements by adding "Prevention of Significant Deterioration" (PSD) requirements. These requirements protect areas, including particularly wilderness areas and national parks, that already met the NAAQS. The PSD provision requires SIPs to preserve good quality air in addition to cleaning up bad air. The new law also required New Source Review (investigations of proposed construction of new polluting facilities) to examine whether PSD requirements would be met. The Clean Air Act provided

7182-443: The Senate mails one of three forms to the state's governor to inform them of the proper wording to certify the appointment of a new senator. If a special election for one seat happens to coincide with a general election for the state's other seat, each seat is contested separately. A senator elected in a special election takes office as soon as possible after the election and serves until the original six-year term expires (i.e. not for

7308-444: The Senate has several officers who are not members. The Senate's chief administrative officer is the secretary of the Senate , who maintains public records, disburses salaries, monitors the acquisition of stationery and supplies, and oversees clerks. The assistant secretary of the Senate aids the secretary's work. Another official is the sergeant at arms who, as the Senate's chief law enforcement officer, maintains order and security on

7434-541: The Senate premises. The Capitol Police handle routine police work, with the sergeant at arms primarily responsible for general oversight. Other employees include the chaplain , who is elected by the Senate, and pages , who are appointed. The Senate uses Standing Rules for operation. Like the House of Representatives , the Senate meets in the United States Capitol in Washington, D.C. At one end of

7560-440: The Supreme Court ), flag officers , regulatory officials, ambassadors , other federal executive officials , and federal uniformed officers . If no candidate receives a majority of electors for vice president , the duty falls to the Senate to elect one of the top two recipients of electors for that office. The Senate conducts trials of officials who have been impeached by the House. The Senate has typically been considered both

7686-409: The United States serves as presiding officer and president of the Senate by virtue of that office ; the vice president may vote only if the Senate is equally divided. In the vice president's absence, the president pro tempore , who is traditionally the most senior member of the Senate's majority party, presides over the Senate, and more often by rule allows a junior senator to take the chair, guided by

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7812-536: The United States Constitution disqualifies as senators any federal or state officers who had taken the requisite oath to support the Constitution but who later engaged in rebellion or aided the enemies of the United States. This provision, which came into force soon after the end of the Civil War, was intended to prevent those who had sided with the Confederacy from serving. That Amendment, however, also provides

7938-479: The United States for at least nine years; and (3) they must be inhabitants of the states they seek to represent at the time of their election. The age and citizenship qualifications for senators are more stringent than those for representatives. In Federalist No. 62 , James Madison justified this arrangement by arguing that the "senatorial trust" called for a "greater extent of information and stability of character": A senator must be thirty years of age at least; as

8064-535: The United States' primary federal air quality law , intended to reduce and control air pollution nationwide . Initially enacted in 1963 and amended many times since, it is one of the United States' first and most influential modern environmental laws . As with many other major U.S. federal environmental statutes , the Clean Air Act is administered by the U.S. Environmental Protection Agency (EPA), in coordination with state, local, and tribal governments. EPA develops extensive administrative regulations to carry out

8190-853: The acceptable levels of certain air pollutants in the ambient air in the United States. Prior to 1965, there was no national program for developing ambient air quality standards, and prior to 1970 the federal government did not have primary responsibility for developing them. The 1970 CAA amendments required EPA to determine which air pollutants posed the greatest threat to public health and welfare and promulgate NAAQS and air quality criteria for them. The health-based standards were called "primary" NAAQS, while standards set to protect public welfare other than health (e.g., agricultural values) were called "secondary" NAAQS. In 1971, EPA promulgated regulations for sulfur oxides, particulate matter, carbon monoxide, photochemical oxidants, hydrocarbons, and nitrogen dioxide (36 FR 22384 ). Initially, EPA did not list lead as

8316-610: The administration's decision. In March 2022 the Biden administration reversed the Trump-era rule, allowing California to again set stricter auto emissions standards. Between the Second Industrial Revolution and the 1960s, the United States experienced increasingly severe air pollution . Following the 1948 Donora smog event, the public began to discuss air pollution as a major problem, states began to pass

8442-537: The agency respects federalism, it could not allow one state to dictate standards for the entire nation. California's governor Gavin Newsom considered the move part of Trump's "political vendetta" against California and stated his intent to sue the federal government. Twenty-three states, along with the District of Columbia and the cities of New York City and Los Angeles, joined California in a federal lawsuit challenging

8568-425: The air, measure their quantity, and have a plan to control and minimize them as well as to periodically report. This consolidated requirements for a facility into a single document. In non-attainment areas, permits were required for sources that emit as little as 50, 25, or 10 tons per year of VOCs depending on the severity of the region's non-attainment status. Most permits are issued by state and local agencies. If

8694-436: The applicable NAAQS ("nonattainment areas"). In these areas, states were required to adopt plans that made "reasonable further progress" toward attainment until all "reasonably available control measures" could be adopted. As progress on attainment was much slower than Congress originally instructed, major amendments to SIP requirements in nonattainment areas were part of the 1990 CAA Amendments. The 1977 CAA Amendments modified

8820-409: The bill. A bill can be held for as long as the senator who objects to the bill wishes to block its consideration. Holds can be overcome, but require time-consuming procedures such as filing cloture. Holds are considered private communications between a senator and the leader, and are sometimes referred to as "secret holds". A senator may disclose the placement of a hold. The Constitution provides that

8946-573: The bill; nine Republicans supported it. Within days, the Bush administration moved to implement key measures, such as the NOx , SO 2 and mercury trading provisions of the bill administratively through EPA. It remains to be seen how resistant these changes will be to court challenges. On February 14, 2002, President George W. Bush announced the Clear Skies Initiative. [1] The policy

9072-408: The causes of lung health problems. After several years of proposals and hearings, Congress passed the first federal legislation to address air pollution in 1955. The Air Pollution Control Act of 1955 authorized a research and training program, sending $ 3 million per year to the U.S. Public Health Service for five years, but did not directly regulate pollution sources. The 1955 Act's research program

9198-483: The certificates "in the Presence of the Senate and House of Representatives", so that the total votes could be counted). Since the 1950s, vice presidents have presided over few Senate debates. Instead, they have usually presided only on ceremonial occasions, such as swearing in new senators, joint sessions, or at times to announce the result of significant legislation or nomination, or when a tie vote on an important issue

9324-409: The chamber of the Senate is a dais from which the presiding officer presides. The lower tier of the dais is used by clerks and other officials. Sessions of the Senate are opened with a special prayer or invocation and typically convene on weekdays. Sessions of the Senate are generally open to the public and are broadcast live on television, usually by C-SPAN 2 . Senate procedure depends not only on

9450-607: The day by a vote of 5–4 in what became known as the Connecticut Compromise . The Connecticut Compromise provided, among other things, that each state—regardless of population—would be represented by two senators. First convened in 1789, the Senate of the United States was formed on the example of the ancient Roman Senate . The name is derived from the senatus , Latin for council of elders , derived from senex , meaning old man in Latin. Article Five of

9576-524: The duties of the office on which I am about to enter. So help me God. The annual salary of each senator, since 2009, is $ 174,000; the president pro tempore and party leaders receive $ 193,400. In 2003, at least 40 senators were millionaires; by 2018, over 50 senators were millionaires (partly due to inflation). Along with earning salaries, senators receive retirement and health benefits that are identical to other federal employees, and are fully vested after five years of service. Senators are covered by

9702-452: The environment than what would be allowed by enforcement of the Clean Air Act. [2] In August 2001, the EPA proposed a version of the Clear Skies Act that contained short timetables and lower emissions caps [3] . 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

9828-472: The equipment required to be installed in new and modified industrial facilities, and the rules for determining whether a facility is "new". The 1970 CAA required EPA to develop standards for newly constructed and modified stationary sources (industrial facilities) using the "best system of emission reduction which (taking into account the cost of achieving such reduction) the [EPA] determines has been adequately demonstrated." EPA issued its first NSPS regulation

9954-761: The federal funding and legislation of the 1960s. In the Clean Air Amendments of 1970 ( Pub. L.   91–604 ), Congress greatly expanded the federal mandate by requiring comprehensive federal and state regulations for both industrial and mobile sources. The law established the National Ambient Air Quality Standards (NAAQS), New Source Performance Standards (NSPS); and National Emissions Standards for Hazardous Air Pollutants (NESHAPs), and significantly strengthened federal enforcement authority, all toward achieving aggressive air pollution reduction goals. To implement

10080-476: The federal government to increase its activities to investigate enforcing interstate air pollution transport, and, for the first time, to perform far-reaching ambient monitoring studies and stationary source inspections. The 1967 act also authorized expanded studies of air pollutant emission inventories, ambient monitoring techniques, and control techniques. While only six states had air pollution programs in 1960, all 50 states had air pollution programs by 1970 due to

10206-418: The federal standards, but carves out a special exemption for California due to its past issues with smog pollution in the metropolitan areas. In practice, when California 's environmental agencies decide on new vehicle emission standards, they are submitted to the EPA for approval under this waiver, with the most recent approval in 2009. The California standard was adopted by twelve other states, and established

10332-534: The final category above – Arizona , Hawaii , Kentucky , Maryland , Montana , North Carolina , Oklahoma , Utah , West Virginia , and Wyoming – the governor must appoint someone of the same political party as the previous incumbent. In September 2009, Massachusetts changed its law to enable the governor to appoint a temporary replacement for the late senator Edward Kennedy until the special election in January 2010. In 2004, Alaska enacted legislation and

10458-414: The first stage required more than 100 electric generating facilities larger than 100 megawatts to meet a 3.5 million ton SO 2 emission reduction by January 1995. The second stage gave facilities larger than 75 megawatts a January 2000 deadline. The program has achieved all of its statutory goals. The CAA ozone program is a technology transition program intended to phase out the use of chemicals that harm

10584-413: The general election and candidates receiving a majority of the votes is declared the winner, skipping a run-off. In Maine and Alaska , ranked-choice voting is used to nominate and elect candidates for federal offices, including the Senate. The Seventeenth Amendment requires that vacancies in the Senate be filled by special election. Whenever a senator must be appointed or elected, the secretary of

10710-399: 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

10836-413: The great public health achievements of the 20th century." EPA continues to regulate the chemical composition of gasoline , avgas , and diesel fuel in the United States. The 1990 amendments authorized a national operating permit program, sometimes called the "Title V Program", covering thousands of large industrial and commercial sources. It required large businesses to address pollutants released into

10962-503: The inability of a legislature to elect senators, intrastate political struggles, bribery and intimidation gradually led to a growing movement to amend the Constitution to allow for the direct election of senators. In contrast to the House of Representatives, the Senate has historically had stronger norms of conduct for its members. Article I, Section 3, of the Constitution , sets three qualifications for senators: (1) they must be at least 30 years old; (2) they must have been citizens of

11088-416: The inside of the desk's drawer with a pen. Except for the president of the Senate (who is the vice president), the Senate elects its own officers, who maintain order and decorum, manage and schedule the legislative and executive business of the Senate, and interpret the Senate's rules, practices and precedents. Many non-member officers are also hired to run various day-to-day functions of the Senate. Under

11214-611: The largest Clean Air Act settlements have been reached with automakers accused of circumventing the Act's vehicle and fuel standards (e.g., the 2015 " Dieselgate " scandal). Much of EPA's regulation of greenhouse gas (GHG) emissions occurs under the programs discussed above. EPA began regulating GHG emissions following the 2007 Supreme Court ruling in Massachusetts v. EPA , the EPA's subsequent endangerment finding, and development of specific regulations for various sources. The EPA's authority to regulate carbon dioxide emissions

11340-418: The last third expired after six years. This arrangement was also followed after the admission of new states into the union. The staggering of terms has been arranged such that both seats from a given state are not contested in the same general election, except when a vacancy is being filled. Class I comprises Senators whose six-year terms are set to expire on January 3, 2025. There is no constitutional limit to

11466-630: The latter numbering scheme. Although many parts of the statute are quite detailed, others set out only the general outlines of the law's regulatory programs, and leave many key terms undefined. Responsible agencies, primarily EPA, have therefore developed administrative regulations to carry out Congress's instructions. EPA's proposed and final regulations are published in the Federal Register , often with lengthy background histories. The existing CAA regulations are codified at 40 C.F.R. Subchapter C, Parts 50–98. These Parts more often correspond to

11592-896: The law requires EPA to establish and regularly update regulations for pollutants that may threaten public health, from a wide variety of classes of motor vehicles, that incorporate technology to achieve the "greatest degree of emission reduction achievable", factoring in availability, cost, energy, and safety ( 42 U.S.C.   § 7521 ). EPA sets standards for exhaust gases, evaporative emissions, air toxics, refueling vapor recovery, and vehicle inspection and maintenance for several classes of vehicles that travel on roadways. EPA's "light-duty vehicles" regulations cover passenger cars, minivans, passenger vans, pickup trucks, and SUVs. "Heavy-duty vehicles" regulations cover large trucks and buses. EPA first issued motorcycle emissions regulations in 1977 (42 FR 1122 ) and updated them in 2004 (69 FR 2397 ). The air pollution testing system for motor vehicles

11718-992: The law's mandates. Associated regulatory programs, which are often technical and complex, implement these regulations. Among the most important, the National Ambient Air Quality Standards program sets standards for concentrations of certain pollutants in outdoor air, and the National Emissions Standards for Hazardous Air Pollutants program which sets standards for emissions of particular hazardous pollutants from specific sources. Other programs create requirements for vehicle fuels, industrial facilities, and other technologies and activities that impact air quality. Newer programs tackle specific problems, including acid rain, ozone layer protection, and climate change. The CAA has been challenged in court many times, both by environmental groups seeking more stringent enforcement and by states and utilities seeking greater leeway in regulation. Although its exact benefits depend on what

11844-460: The lifetimes of pre-existing facilities. In the 1977 CAA Amendments, Congress required EPA to conduct a "new source review" process ( 40 CFR 52 , subpart I) to determine whether maintenance and other activities rises to the level of modification requiring application of NSPS. The Acid Rain Program (ARP) is an emissions trading program for power plants to control the pollutants that cause acid rain . The 1990 CAA Amendments created

11970-442: The media and other sources by party and state; for example, Democratic majority leader Chuck Schumer , who represents New York, may be identified as "D–New York" or (D-NY). And sometimes they are identified as to whether they are the junior or senior senator in their state ( see above ). Unless in the context of elections, they are rarely identified by which one of the three classes of senators they are in. The Senate may expel

12096-601: The national greenhouse gas inventory reporting program. Following the Supreme Court decision in West Virginia v. EPA , which ruled that Congress did not grant EPA the authority to require "outside the fence" options for limiting carbon dioxide at power plants, the Inflation Reduction Act of 2022 specifically defined carbon dioxide, hydrofluorocarbons, methane, nitrous oxide, perfluorocarbons, and sulfur hexafluoride as greenhouse gases to be regulated by

12222-553: The national minimum criteria set by EPA. EPA must approve each SIP, and if a SIP is not acceptable, EPA can retain CAA enforcement in that state. For example, California was unable to meet the new standards set by the 1970 amendments, which led to a lawsuit and a federal state implementation plan for the state. The federal government also assists the states by providing scientific research, expert studies, engineering designs, and money to support clean air programs. The law also prevents states from setting standards that are more strict than

12348-403: The newly created EPA immediately before major amendments in 1970. EPA has administered the Clean Air Act ever since, and Congress added major regulatory programs in 1977 and 1990. Most recently, the U.S. Supreme Court's ruling in Massachusetts v. EPA resulted in an expansion of EPA's CAA regulatory activities to cover greenhouse gases . The Clean Air Act of 1963 ( Pub. L.   88–206 )

12474-407: The next year, covering steam generators, incinerators, Portland cement plants, and nitric and sulfuric acid plants (36 FR 24876 ). Since then, EPA has issued dozens of NSPS regulations, primarily by source category. The requirements promote industrywide adoption of available pollution control technologies. However, because these standards apply only to new and modified sources, they promote extending

12600-456: The nominee may receive only a plurality, while in some states, a runoff is required if no majority was achieved. In the general election, the winner is the candidate who receives a plurality of the popular vote. However, in five states, different methods are used. In Georgia , a runoff between the top two candidates occurs if the plurality winner in the general election does not also win a majority. In California , Washington , and Louisiana ,

12726-454: The number of terms a senator may serve. The Constitution set the date for Congress to convene — Article 1, Section 4, Clause 2, originally set that date for the third day of December. The Twentieth Amendment , however, changed the opening date for sessions to noon on the third day of January, unless they shall by law appoint a different day. The Twentieth Amendment also states that the Congress shall assemble at least once every year, and allows

12852-463: The party. By custom, the leader of each party sits in the front row along the center aisle. Forty-eight of the desks date back to 1819, when the Senate chamber was reconstructed after the original contents were destroyed in the 1812 Burning of Washington . Further desks of similar design were added as new states entered the Union. It is a tradition that each senator who uses a desk inscribes their name on

12978-448: 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

13104-439: The precedent of a 12-year review cycle for the test procedures. In February 2005, EPA launched a program called "Your MPG" that allows drivers to add real-world fuel economy statistics into a database on EPA's fuel economy website and compare them with others and with the original EPA test results. EPA conducts fuel economy tests on very few vehicles. Two-thirds of the vehicles the EPA tests themselves are randomly selected and

13230-405: The prepossessions and habits incident to foreign birth and education. The term of nine years appears to be a prudent mediocrity between a total exclusion of adopted citizens, whose merits and talents may claim a share in the public confidence, and an indiscriminate and hasty admission of them, which might create a channel for foreign influence on the national councils. The Senate (not the judiciary)

13356-640: 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: (R-TX) (R-NH) (R-TX) (R-OK) (R-OK) (R-OK) 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. Carper , and

13482-401: The quorum as present; instead, quorum calls are generally used to temporarily delay proceedings. Usually, such delays are used while waiting for a senator to reach the floor to speak or to give leaders time to negotiate. Once the need for a delay has ended, a senator may request unanimous consent to rescind the quorum call. Clean Air Act (United States) The Clean Air Act ( CAA ) is

13608-837: The remaining third is tested for specific reasons. Although originally created as a reference point for fossil-fueled vehicles, driving cycles have been used for estimating how many miles an electric vehicle will get on a single charge. The 1970 CAA amendments provided for regulation of aircraft emissions ( 42 U.S.C.   § 7571 ), and EPA began regulating in 1973. In 2012, EPA finalized its newest restrictions on NOx emissions from gas turbine aircraft engines with rated thrusts above 26.7 kiloNewton (3 short ton-force ), meaning primarily commercial jet aircraft engines, intended to match international standards. EPA has been investigating whether to regulate lead in fuels for small aircraft since 2010, but has not yet acted. The 1990 CAA Amendments ( Pub. L.   101–549 § 222) added rules for

13734-461: The responsibility of presiding to a majority-party senator who presides over the Senate, usually in blocks of one hour on a rotating basis. Frequently, freshmen senators (newly elected members) are asked to preside so that they may become accustomed to the rules and procedures of the body. It is said that, "in practice they are usually mere mouthpieces for the Senate's parliamentarian , who whispers what they should do". The presiding officer sits in

13860-399: The results of votes. Each party elects Senate party leaders . Floor leaders act as the party chief spokesmen. The Senate majority leader is responsible for controlling the agenda of the chamber by scheduling debates and votes. Each party elects an assistant leader (whip) , who works to ensure that his party's senators vote as the party leadership desires. In addition to the vice president,

13986-434: The rules, but also on a variety of customs and traditions. The Senate commonly waives some of its stricter rules by unanimous consent . Unanimous consent agreements are typically negotiated beforehand by party leaders. A senator may block such an agreement, but in practice, objections are rare. The presiding officer enforces the rules of the Senate, and may warn members who deviate from them. The presiding officer sometimes uses

14112-508: The standards used for controlling, reducing, and eliminating HAPs emissions from stationary sources such as industrial facilities. The 1970 CAA required EPA to develop a list of HAPs, and then develop national emissions standards for each of them. The original NESHAPs were health-based standards. The 1990 CAA Amendments ( Pub. L.   101–549 Title III) codified EPA's list, and required creation of technology-based standards according to "maximum achievable control technology" (MACT). Over

14238-551: The state does not adequately monitor requirements, the EPA may take control. The public may request to view the permits by contacting the EPA. The permit is limited to no more than five years and requires a renewal. One of the most public aspects of the Clean Air Act, EPA is empowered to monitor compliance with the law's many requirements, seek penalties for violations, and compel regulated entities to come into compliance. Enforcement cases are usually settled, with penalties assessed well below maximum statutory limits. Recently, many of

14364-470: The strict amendments, EPA Administrator William Ruckelshaus spent 60% of his time during his first term on the automobile industry, whose emissions were to be reduced 90% under the new law. Senators had been frustrated at the industry's failure to cut emissions under previous, weaker air laws. Major amendments were added to the Clean Air Act in 1977 (1977 CAAA) (91 Stat. 685, Pub. L.   95–95 ). The 1977 Amendments primarily concerned provisions for

14490-560: 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. Proponents for the CSA argue that the Clean Air Act sets unachievable goals, especially for ozone and nitrogen oxide pollution. Having a clearly defined cap will benefit both industry and

14616-622: The years, EPA has issued dozens of NESHAP regulations, which have developed NESHAPs by pollutant, by industry source category, and by industrial process. There are also NESHAPs for mobile sources (transportation), although these are primarily handled under the mobile source authorities. The 1990 amendments (adding CAA § 112(d-f)) also created a process by which EPA was required to review and update its NESHAPs every eight years, and identify any risks remaining after application of MACT, and develop additional rules necessary to protect public health. The New Source Performance Standards (NSPS) are rules for

14742-402: Was $ 35,952. By tradition, seniority is a factor in the selection of physical offices and in party caucuses' assignment of committees. When senators have been in office for the same length of time, a number of tiebreakers are used, including comparing their former government service and then their respective state population. The senator in each state with the longer time in office is known as

14868-561: 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 (SO 2 ) emissions (in the United States), 37% of mercury emissions, and 25% of all nitrogen oxide (NOx) emissions. Only SO 2 has been administered under

14994-426: Was deemed to be insufficient. The Motor Vehicle Air Pollution Control Act ( Pub. L.   89–272 ) amended the 1963 Clean Air Act and set the first federal vehicle emissions standards, beginning with the 1968 models. These standards were reductions from 1963 emissions levels: 72% reduction for hydrocarbons , 56% reduction for carbon monoxide , and 100% reduction for crankcase hydrocarbons. . The law also added

15120-415: Was elected to the Senate at the age of 29; he waited until he turned 30 (on the next June 19) to take the oath of office. On November 7, 1972, Joe Biden was elected to the Senate at the age of 29, which was only 13 days prior to his 30th birthday on November 20, 1972. Therefore, he reached his 30th birthday before the swearing-in ceremony for incoming senators in January 1973. The Fourteenth Amendment to

15246-521: Was extended in 1959, 1960, and 1962 while Congress considered whether to regulate further. Beginning in 1963, Congress began expanding federal air pollution control law to accelerate the elimination of air pollution throughout the country. The new law's programs were initially administered by the U.S. Secretary of Health, Education, and Welfare , and the Air Pollution Office of the U.S. Public Health Service , until they were transferred to

15372-476: Was modeled on the successful SO 2 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

15498-544: Was originally developed in 1972 and used driving cycles designed to simulate driving during rush-hour in Los Angeles during that era. Until 1984, EPA reported the exact fuel economy figures calculated from the test. In 1984, EPA began adjusting city (aka Urban Dynamometer Driving Schedule or UDDS ) results downward by 10% and highway (aka HighWay Fuel Economy Test or HWFET) results by 22% to compensate for changes in driving conditions since 1972, and to better correlate

15624-474: 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

15750-541: Was questioned by the court in West Virginia v. EPA (2022) but restored by Congress with the Inflation Reduction Act of 2022 , which clarified that carbon dioxide is one of the pollutants covered by the Clean Air Act. Standards for mobile sources have been established pursuant to Section 202 of the CAA, and GHGs from stationary sources are controlled under the authority of Part C of Title I of

15876-540: Was the first federal legislation to permit the U.S. federal government to take direct action to control air pollution. It extended the 1955 research program, encouraged cooperative state, local, and federal action to reduce air pollution, appropriated $ 95 million over three years to support the development of state pollution control programs, and authorized the HEW Secretary to organize conferences and take direct action against interstate air pollution where state action

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