At a recent meeting of the Senate Committee on Environment and Public Works, Chairman Jim Inhofe (R-OK), postponed the scheduled markup of the Clear Skies Act of 2005. He announced that the committee will debate and vote on a revised legislative proposal on Wednesday, March 2. The committee is currently deadlocked at 9-9, with Senator Lincoln Chafee (R-RI) aligned with committee Democrats in opposition to Chairman Inhofe's bill. Chairman Inhofe and Clean Air Subcommittee Chairman George Voinovich (R-OH) have initiated member-level discussions with key Democrats including Senator Tom Carper (D-DE), sponsor of a competing measure supported by some Democrats and Senator Chafee, in order to reach a compromise before March 2.

Key issues remaining include whether (and how) to address carbon dioxide, and adjustments to targets or timetables for nitrogen oxide, sulfur dioxide, and mercury.

The North American cement industry (through PCA) continues to support inclusion of a provision that would allow manufacturers to voluntarily “opt in” to the trading regime established to reduce emissions of the three pollutants.

Though participation by cement plants and other non-utility sources is not required, these facilities will be able voluntarily to reduce emissions and participate in the market-based emission trading program. The act also will benefit participating facilities by simplifying the myriad of existing regulations currently addressing NOx, SO2, and mercury emissions.

Participating facilities will face the investment of expensive emission control equipment. However, the program's environmental benefit provides incentives for emission reductions beyond those required at facilities where the most cost-effective reductions can be achieved.