February 23, 2010
The Honorable Harry Reid
522 Hart Senate Office Building
United States Senate
Washington, DC 20510-2803
Dear Majority Leader Reid:
I am writing to convey the American Public Power Association’s (APPA) support of the
“disapproval resolution” put forward by Senator Murkowski and 40 other Senators (S. J. Res 26)
to prohibit the Environmental Protection Agency (EPA) from regulating greenhouse gas
emissions under the Clean Air Act (CAA). APPA represents the interests of more than 2,000
publicly-owned not-for-profit electric utility systems across the country, serving approximately
45 million Americans in 49 states, all but Hawaii.
Since 2007, APPA has been on record in support of congressional action to address climate
change, while at the same time indicating that legislation should create a clear line between the
existing CAA and a new law to reduce GHG emissions, and that the EPA should not move
forward to regulate under the CAA in the absence of such legislation. The CAA is particularly
unsuited for such a task because it was created to address criteria pollutants as opposed to
ubiquitous GHG emissions.
APPA has conveyed this view to the EPA and Congress in numerous formal filings, statements,
letters, hearings, and meetings. However, despite the considerable discretion available to EPA
under the CAA with respect to the timeline for any GHG regulation, EPA has nonetheless
decided to move aggressively to regulate GHGs, as evidenced by its most recent decisions and
proposed rulemakings. In addition, the major legislation pending in Congress to date, H.R. 2454
and S. 1733, fails to create a “bright line” between the CAA and the new regulatory regimes
contemplated in these measures.
Therefore, APPA supports the disapproval resolution to ensure that the EPA does not regulate
GHGs under the CAA while workable legislation is being developed to reduce GHG emissions.
APPA will continue to work with Congress to ensure that such legislation is enacted.
Please do not hesitate to contact me with any questions.
Sincerely,
Mark Crisson
President & CEO
cc: All Senators