Zachary Price

November 27, 2011

The U.S. Senate recently voted 56-41 to defeat a measure that would have ended the Cross-State Air Pollution Rule. The rule, promulgated by the Environmental Protection Agency (EPA) in 2006, requires power plants in 27 states to reduce emissions that negatively impact the air quality in neighboring states.

Senator Rand Paul of Kentucky introduced the measure to eliminate the Cross-State Air Pollution Rule, which he argued was "job-killing." Paul's measure was generally supported by his own party, though 6 Republicans joined 50 Democrats in opposing the bill. The vote, however, which occurred on Nov. 10, was largely moot, because President Obama had already expressed his opposition to the measure and had promised a veto if Paul's measure was approved.

Environmental and health groups applauded the results of the Senate's vote. These advocates of the rule argued that it will save the nation between $120 billion and $280 billion annually in healthcare and environmental costs. The EPA claimed that the approval of Paul's measure could have led to an extra 34,000 premature deaths each year.

Several Republican Senators who opposed Paul's measure explained that they wanted to protect the air quality in their states from power plants located upwind. Kelly Ayotte, a Republican Senator from New Hampshire, said, "In New England, we don't want to become the tailpipe for Midwestern power plants."

Opponents of the Cross-State Air Pollution Rule argue that it will costs about $2.4 billion each year just for companies to comply with the regulation. This, Paul said, would reduce the number of people employed by the power plants, and would have a negative impact on the economy. Paul suggested that clean air and water could be maintained through means that do not contribute to unemployment.

The Senate's vote could have other consequences, as well. In anticipation of the additional costs associated with the rule, Texas power company Xcel Energy has already announced that it will raise its monthly fees by about $6 per resident. Furthermore, officials in Louisiana have stated that compliance with the rule will lead to rolling blackouts in the coming summer.

Sources:

Halimah Abdullah, Senate defeats Rand Paul's resolution to kill EPA cross-state rules, Miami Herald, Nov. 10, 2011, available at http://www.miamiherald.com/2011/11/10/2496145/senate-defeats-resolution-to-kill.html#storylink=misearch.

Kevin Welch, Fuel charges increase with pollution rule, Amarillo Globe-News, Nov. 21, 2011, available at http://amarillo.com/news/2011-11-21/fuel-charges-increase-pollution-rule#.TtJpE_KwXa8.

Kevin Landrigan, Ayotte, Dems defend air quality rule, Nashua Telegraph, Nov. 10, 2011, available at http://www.nashuatelegraph.com/newsstatenewengland/939565-227/ayotte-dems-defend-air-quality-rule.html.

Louisiana asks EPA to reconsider new air pollution rule, New Orleans Times-Picayune, Oct. 31, 2011, available at http://www.nola.com/environment/index.ssf/2011/10/louisiana_asks_epa_to_reconsid.html.

Rachel Bogart, Senate Defeats Measure to Block EPA Cross-State Pollution Rule, Yahoo!, (Nov. 11, 2011), http://news.yahoo.com/senate-defeats-measure-block-epa-cross-state-pollution-202700800.html.

U.S. Environmental Protection Agency, Cross-State Air Pollution Rule (2011), available at http://www.epa.gov/crossstaterule/.