[Congressional Record Volume 149, Number 170 (Friday, November 21, 2003)]
[Extensions of Remarks]
[Page E2377]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                      NO ATTAINMENT--NO TRADE BILL

                                 ______
                                 

                          HON. JAMES P. MORAN

                              of virginia

                    in the house of representatives

                      Thursday, November 20, 2003

  Mr. MORAN of Virginia. Mr. Speaker, today I am introducing the ``No 
Attainment--No Trade bill.''
  This legislation amends the Clean Air Act to prohibit power plants 
and other major point sources of nitrogen oxide (NOx) 
pollution that are in an ozone nonattainment area from participating in 
EPA's emission trading program.
  In 1990 Congress passed amendments to the Clean Air Act to deal with 
the issue of acid rain deposition.
  Harmful acid rain was destroying our buildings, personal property and 
turning freshwater lakes into dead zones.
  The new law established an innovative emission trading program to 
reduce the precursors of acid rain, harmful nitrogen oxides and sulphur 
dioxides emitted by coal-burning power plants and major industrial 
boilers.
  Since its establishment, the trading program has worked extremely 
well, better than even proponents of the 1990 amendment to the Clean 
Air Act ever expected.
  While nitrogen and sulphur dioxides have been reduced, and reduced by 
millions of tons, an unanticipated new wrinkle has emerged as states 
and localities work to reduce urban smog and bring ozone non-attainment 
areas into compliance with other requirements in the Clean Air Act.
  States and localities are bumping into the emission trading program 
for nitrogen oxides.
  Not only are nitrogen oxides the precursors of acid rain, they also 
mix with hydrocarbons and form ground-level ozone.
  Giving power plants in an ozone non-attainment area the authority to 
buy a credit from elsewhere and avoid nitrogen oxide reductions may 
help EPA meet its national acid rain reduction goals, but it can 
frustrate State and local efforts to lower ozone and urban smog.
  I speak from experience.
  Just across the Potomac River in Alexandria we have one power plant 
operated by Mirant that continues to violate its permit.
  In fact, this past summer during the ozone season it violated its 
clean air emission limits by more than 1,000 tons of nitrogen oxide, 
double the tonnage allowed under its permit.
  It my understanding that Mirant is trying to get off the hook by 
purchasing credits of emission reductions from sources elsewhere, 
outside this region, to meet its emission reduction goal.
  ``Not so,'' says the Commonwealth of Virginia.
  The State's position, however, may be on less than firm legal ground.
  I hope the Commonwealth holds its ground and stands strong, and I 
have encouraged them to do so.
  The legislation I am introducing gives them the clear legal authority 
they need and discourages power plants from challenging State ozone 
implementation plans in court.
  I also hope this legislation will give other States the authority 
they need to block power plants in a non-attainment area from engaging 
in NOx emission trading and avoiding their responsibility to 
reduce ozone and urban smog.
  It is my understanding that Mirant, the same company operating the 
plant in Alexandria, has violated its NOx permits at its 
three coal-fired plants in Maryland.
  During this summer's ozone season, Chalk Point, Morgantown and 
Dickerson power plants collectively exceeded their summer 
NOx permits by more than 3,500 tons.
  Unlike Virginia, State officials in Maryland appear inclined to let 
them buy credits through the emission trading program.
  That's an additional 4,600 tons of nitrogen oxide that entered our 
air this past summer beyond what Virginia and Maryland agreed Mirant 
should emit.
  It makes no sense, to force this region, or the jurisdictions of any 
ozone nonattainment area, to rachet down nitrogen oxides from other 
sources, beyond what may be necessary, simply because a few large 
sources are able to buy their way out of compliance.
  It isn't fair, and it is not in anyone's best interest to do so.
  My legislation puts an end to it.
  It deserves consideration.

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