As the Michigan State University Spartans excited fans during the annual NCAA basketball ritual known as "March Madness," there were significant clean air policy developments. We review three important federal decisions that all occurred in the month of March. Here is a scorecard:

Senate Committee defeats "Clear Skies"

On March 9th, the U.S. Senate Environment and Public Works Committee voted down S. 131, the Bush Administration's so-called "Clear Skies" bill. The outcome was hailed as a public health victory and a major setback to the President's environmental agenda. Senator Chaffee (R-RI) broke ranks with his party to force a 9-9 tie. While some senators are still committed to passing "Clear Skies," this vote sent a strong message that Americans are wary of weakening our clean air protections.

"Clear Skies" is on the ropes but not yet down for the count. Major flaws include:

• It weakens and delays current health-based standards, resulting in thousands more premature deaths, asthma attacks, hospitalizations and missed work days.
  
  
• It repeals New Source Review (NSR), which requires a plant to install modern pollution controls if it undergoes a modification that increases emissions.
  
  
• It eliminates protections against interstate air pollution by prohibiting states from asking the U.S. Environmental Protection Agency (EPA) for relief from upwind polluters in other states.
  
  
• It repeals the requirement that EPA establish a Maximum Achievable Control Technology (MACT) standard for toxic emissions such as mercury.

EPA announces Clean Air Interstate Rule (CAIR)

On March 10, EPA rolled out the new Clean Air Interstate Rule (CAIR) to mixed reviews. On the plus side, CAIR will achieve the largest reduction in air pollution in more than a decade by capping power plant emissions in 28 eastern states. Also, it avoids the enormous utility loopholes found in the "Clear Skies" legislation. However, there are real problems with CAIR. It gives power plants more time to clean up than current law requires. So, many areas of the country will be stuck with dirty air, unable to meet national health standards for smog and soot on time.

EPA announces Clean Air Mercury Rule (CAMR)

On March 15, EPA unveiled its plan to reduce mercury emissions from power plants. Apparently, the Ides of March are ominous not only for Roman rulers, but for those concerned about toxic pollution, too. The rule has already been condemned by several independent and nonpartisan experts. The Government Accountability Office identified major problems with the way the rule was developed. Even EPA's own Inspector General found that the Agency selected a predetermined cap without fully evaluating the impact on children's health.

CAMR ends the practice of classifying mercury as a Hazardous Air Pollutant to gain regulatory flexibility. It calls for a 70% cut in emissions by 2018 (extended to 2025 in reality). On the contrary, evidence from pollution control vendors reveals that a 90% cut can be achieved far sooner.

What's the final score for Michigan?

The recent setback for "Clear Skies" was positive for Michigan. However, CAIR and CAMR are too weak to fully protect public health. In our state, 25 counties fail to meet the national ozone standard, and seven fall short of the national fine particulate standard. Attainment deadlines are 2009 for ozone and 2010 for particulates (soot). By contrast, CAIR targets will not be reached until 2015, well past the time required for cleaning up our dirtiest air.

Power plants are the largest source of airborne mercury emissions in Michigan. CAMR essentially relieves utility companies from major investments to cut these emissions. This is truly unfortunate given that mercury is one of the greatest threats facing developing fetuses, infants and young children. What the EPA has failed to do, the State of Michigan must now accomplish for itself. Governor Granholm can act by implementing a strong rule to limit power plant mercury emissions.