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Analysis of S. 556,
The Clean Power Act of 2001

The bill, introduced by Sen. James Jeffords (I-VT), amends the Clean Air Act to reduce sulfur dioxide, carbon dioxide, nitrogen oxide, and mercury emissions from electric power plants.

Background: Children are especially susceptible to air pollutants. The airways of young children are smaller than those of adults. Inhalation of air pollutants that would produce only a slight response in an adult can result in potentially significant obstruction in the airways of a young child. Children have increased oxygen needs compared to adults, they breathe more rapidly and inhale more pollutants per pound of body weight than adults, and they often spend more time engaged in vigorous outdoor activities than adults. Long-term exposure to air pollution (such as nitrogen dioxide and particulate matter) slows children's lung development over time.

Nitrogen oxides (NOx), used to describe NO, NO2 and other oxides of nitrogen, play a major role in the formation of ozone, which can result in damage to lung tissue and reduction in lung function in children and adults with asthma, and cause shortness of breath, coughing, painful breathing and loss of lung function in healthy children and adults. Long-term exposure to nitrogen dioxide (NO2) may increase susceptibility to respiratory infection and cause alterations in the lungs. Short-term exposure to NO2 may increase respiratory illnesses in children and change airway responsiveness and lung function in those with respiratory illnesses. NOx can form particles which penetrate deeply into sensitive parts of the lungs and can cause or worsen respiratory disease such as emphysema and bronchitis and aggravate heart disease.

Sulfur dioxide (SO2), like NOx, can harm human health in a variety of ways. Gaseous SO2 can cause temporary breathing difficulty for people with asthma who are active outdoors, such as children. Longer exposures to SO2 gas and particles are associated with respiratory illness, alterations in the lungs' defenses, and aggravation of existing heart disease. Sulfate particles gather in the lungs and are associated with increased respiratory symptoms and disease, difficulty in breathing, and premature death.

Mercury is a neurotoxicant. The fetus and the child are particularly susceptible to mercury’s dangers. Mercury interferes with brain development and more easily passes into the brains of fetuses and young children than in adults. Depending upon dose, the effects can range from severe to less severe, most notably, neurological, developmental, and reproductive effects. In July 2000, the National Academy of Sciences concluded that each year more than 60,000 children are born at risk for neurodevelopmental problems associated with in utero mercury exposure. The NAS concluded that every effort should be made to reduce the release of mercury into the environment. Coal-fired electric utilities are one of the major sources of mercury releases into the environment in the U.S.

Carbon dioxide, like nitrous oxide, is a greenhouse gas. These gases are accumulating in the atmosphere and causing global climate change. The potential public health repercussions of global climate change are expected to be multiple, adverse, and to disproportionately affect children. Some of the likely human health hazards that would pose challenges to public health as a result of global climate change include:

• a higher incidence of water-borne cholera and other infectious agents due to increased surface water temperatures;

• an increase in cases of malnutrition; and

• additional asthma attacks and respiratory problems due to worsening air quality.

For each of these hazards, children would be the most vulnerable population and would be the population likely to suffer the most.

Emission Reductions: The bill sets emission reduction objectives for power plants at these levels:

• nitrogen oxide emissions would decrease by 75 percent from 1997 levels;

• carbon dioxide emissions would decrease to their 1990 level;

• mercury emissions would decrease by 90 percent from 1999 levels; and

• sulfur dioxide emissions would decrease by 75 percent from the levels set earlier to address acid rain concerns.

EPA is required to issue regulations to achieve these objectives by 2007.

Public Health: The EPA may require additional emission reductions from power plants if it determines that levels mentioned above “are not reasonably anticipated to protect public health or welfare.”

Mercury: The bill calls for additional steps to keep mercury out of the environment, by 1) ensuring that captured or recovered mercury is not re-released into the environment; and 2) prohibiting emissions trading or similar activities in mercury while allowing them for the other pollutants covered by the bill.

Cleaning Up Outdated Power Plants: The bill requires that 30-year-old power plants which are outdated must meet current standards within five years after the bill’s enactment.

Balance: The regulations to be developed by EPA to lower emissions are to prevent the occurrence of “localized adverse effects on public health and the environment.” Also, both Western and Eastern states are to achieve significant emission reductions.

Energy savings: The bill also calls for “appropriate incentives” to increase energy efficiency and to use renewable energy.

Positive features of S. 556:

1. Decreasing the level of air pollutants emitted by power plants will decrease the risk of harmful health effects on children. These benefits will come both from meeting the emission reduction goals set in the bill and from removing exemptions used by outdated power plants.

2. Decreasing the level of mercury emitted by power plants and taking other steps to insure it is not released in other forms into the environment will thus decrease the amount of mercury in the food chain.

3. Decreasing the level of carbon dioxide emitted by power plants will slow the rate of global climate change and its related negative public health effects. Increased energy efficiency and use of renewable energy may also slow global climate change. As mentioned earlier, those who will face the greatest health risks resulting from global climate change are children.

4. The legislation allows the agency to require additional emission reductions from power plants to protect public health, allowing for better safeguards to protect children’s health from the potential harm done by air pollutants.

Concerns about S. 556:

1. Though this bill would decrease pollutant levels, these reduced pollution levels may still be harmful to children’s health and additional reductions may be needed.