Diesel Emissions Reduction Act of 2010

Madam Speaker, I rise today in support of the Senate amendments to H.R. 5809, the Senate version of the Diesel Emissions Reduction Act of 2010. As author of H.R. 6482, the House companion to the Senate bill, S. 3973, I urge my colleagues to join me in supporting this legislation.

I would argue that this legislation was not just brought up in the lame duck session. In fact, I have staff members here who worked a great deal of time with the Energy and Commerce Committee to bring forward this very thoughtful legislation. What this legislation will do is create jobs, save lives, and significantly improve the Nation's air quality system.

I wish to thank Chairman Waxman and Chairman Markey and their staffs for their support and everything they have done to make it possible to bring this bill to the floor. It is important. People's health is important, even today in a lame duck session. I also appreciate the efforts of Senator Voinovich and Senator Carper in shepherding this bill through the Senate.

This legislation reauthorizes and extends DERA for an additional 5 years and includes several important modifications to expand the program and increase eligibility. DERA has proven to be successful, and this is why we are bringing this bill forward today, in reducing diesel emissions by upgrading and modernizing older diesel engines and equipment.

You might ask: Why is this important to me in my particular district and in California and in the Nation? Well, I'll tell you why. Our district is home to the two busiest container ports in the United States: the Port of Los Angeles and the Port of Long Beach. On average, 35,000 trucks commute to and from the ports daily, and by the year 2030 this number is expected to triple.

Those living along freight corridors in my district are already suffering from asthma and cancer rates far above the national average. Air quality improvement and reductions in emissions are vital to the quality of life and health for those who live along the goods movement corridors.

The immediate and long-term benefits of passing the DERA 2010 Act are substantial, both in my district and in the Nation. Additionally, the Diesel Emissions Reduction Act of 2010 provides economic incentives that all of our State and local governments need right now, with their private fleets that contract with State and local governments, to decrease emissions still while maintaining and expanding their levels of service.

Since DERA was funded back in 2007, more than 3,000 projects nationwide have benefited from this very program. The EPA has estimated that the program averages more than $13 in savings, yes, savings, in health and economic benefits for every $1 in funding, and this reauthorization even further emphasizes cost-effective programs. Moreover, projections estimate that nearly 2,000 lives will be saved by 2017 in direct relation to DERA's impact on air quality.

This legislation has been endorsed by leading environmental, health, and transportation organizations who have argued that DERA is an effective program that protects and creates American jobs.

I would like to include in the Record a letter supporting this legislation signed by over 500 leading environmental, health, and transportation organizations and companies.

Members in both Chambers and on both sides of the aisle have embraced this legislation. I urge my colleagues to support it again today.

November 9, 2010.

Hon. Laura Richardson,

House of Representatives, Washington, DC.

Dear Congresswoman Richardson: As a uniquely broad

coalition of environmental, science-based, public health,

industry, labor and state and local government groups, we are

writing in support of efforts to reauthorize the Diesel

Emission Reduction Act (DERA), scheduled to expire at the end

of fiscal year 2011. The program has been extremely

successful in providing cost-effective public health and

environmental benefits.

Diesel-powered vehicles and equipment play an important

role in the nation's economy and are getting cleaner every

day. DERA, originally enacted in 2005 with overwhelming

bipartisan support, was designed to reduce emissions from the

20 million existing diesel engines in use today by as much as

90 percent.

Since enactment, DERA has been successful from an economic,

environmental and public health perspective, yielding one of

the greatest cost-benefit ratios of any federal program,

according to the Office of Management and Budget

calculations. In a recent Report to Congress on the first

year of the DERA program, the Environmental Protection Agency

(EPA) estimates that for every dollar spent on the DERA

program, an average of more than $20 in health benefits are

generated. Every state in the nation now has a diesel

retrofit program and benefits from DERA funding.

As a result of the program's success, DERA benefits from

extensive broad-based support. Over 350 diverse companies and

organizations from across the country have signed letters in

support of DERA. In addition, the U.S. Conference of Mayors,

the National Association of Counties and the National

Conference of State Legislatures all adopted policies at

their annual meetings this summer calling on Congress to

reauthorize the Diesel Emissions Reduction Act. We encourage

you to prioritize passage of this successful bi-partisan

program the next time Congress is in session to ensure

continued benefits for all.

We strongly support efforts to reauthorize the program for

an additional five years at the current authorized level of

funding along with a few modest changes. Changes proposed in

draft legislation will make the program more effective by

streamlining the grant process, improving EPA's

administration, removing outdated language, and ensuring full

consideration of the congressional policies and priorities

established in the law.

We urge you to support efforts to reauthorize the Diesel

Emission Reduction Act (DERA), by cosponsoring legislation

once introduced, to ensure the continuation of this widely

successful, cost effective program.

Sincerely,

Action for Regional Equity; Action United; AGC of

Minnesota; AJC-Palm Beach County Regional Office; Alabama

State Port Authority; Alban Tractor Company, Inc.; Albany

Port District Commission, Alivio Medical Center; Allied Grape

Growers; Almond Hullers & Processors Association;

Alternatives for Community and Environment (ACE); Amalgamated

Transit Union Local 241; American Association of Port

Authorities (AAPA); American Lung Association; American

Lung Association in Alabama; American Lung Association in

Alaska; American Lung Association in Arizona; American

Lung Association in Arkansas; American Lung Association in

California; American Lung Association in Colorado.

American Lung Association in Connecticut; American Lung

Association in DC; American Lung Association in Delaware;

American Lung Association in Florida; American Lung

Association in Georgia; American Lung Association in Hawaii;

American Lung Association in Idaho; American Lung Association

in Illinois; American Lung Association in Indiana; American

Lung Association in Iowa; American Lung Association in

Kansas; American Lung Association in Kentucky; American Lung

Association in Louisiana; American Lung Association in Maine;

American Lung Association in Maryland; American Lung

Association in Massachusetts; American Lung Association in

Michigan; American Lung Association in Minnesota; American

Lung Association in Mississippi; American Lung Association in

Missouri.

American Lung Association in Montana; American Lung

Association in Nebraska; American Lung Association in Nevada;

American Lung Association in New Hampshire; American Lung

Association in New Jersey; American Lung Association in New

Mexico; American Lung Association in New York; American Lung

Association in North Carolina; American Lung Association in

North Dakota; American Lung Association in Ohio; American

Lung Association in Oklahoma; American Lung Association in

Oregon; American Lung Association in Pennsylvania; American

Lung Association in Rhode Island; American Lung Association

in South Carolina; American Lung Association in South Dakota;

American Lung Association in Tennessee; American Lung

Association in Texas; American Lung Association in Utah;

American Lung Association in Vermont; American Lung

Association in Virginia.

American Lung Association in Washington; American Lung

Association in West Virginia; American Lung Association in

Wisconsin; American Lung Association in Wyoming; American

Road & Transportation Builders Association; Appalachian

Voices; Artic Breeze/Hammond Air Conditioning Limited;

Associated California Loggers; Associated Equipment

Distributors; Associated General Contractors of America

(AGC); Associated General Contractors of Greater Milwaukee;

Association of American Railroads; Association of Equipment

Manufacturers; Asthma Regional Council; Atlanta Bicycle

Coalition; Autotherm Division Enthal Systems Inc.; B.R.

Williams, Inc.; Baltimore Nonviolence Center; BASF Catalyst

LLC; Baumot North America, LLC.

Bay Area Air Quality Management District; Beaverton Schools

Transportation; Beck Bus Transportation; Bell Associates

International LLc; Beverly Unitarian Church; Bike Pittsburgh;

Bikes Not Bombs; Blue Diamond Growers; Boston Climate Action

Network (BostonCAN); Boston Healthy Homes and Schools

Collaborative; Brattain International Trucks, Inc.; Breast

Cancer Action Coalition; Breathe Clean Air Action Team

(BCAAT, Inc.); Brett Hulsey, Dane County; Supervisor,

District 4; California Association of Wheat Growers;

California Cattlemen's Association; California Citrus Mutual;

California Cotton Ginners Association; California Cotton

Growers Association; California Dairy Campaign; California

Farm Bureau Federation; California Grape & Tree Fruit League;

California Partnership for the San Joaquin Valley, Air

Quality Work Group; California Rice Commission.

California School Transportation Association; California

Women for Agriculture; Campbell Maritime, Inc.; Canary

Coalition; Capitol Underground, Inc.; Carolina Green Food

Service Supply; Cascade Sierra Solutions--Coburg, OR Branch;

Cascade Sierra Solutions--Fontana, CA Branch; Cascade Sierra

Solutions--National; Cascade Sierra Solutions--Portland, OR

Branch; Cascade Sierra Solutions--Sacramento, CA Branch;

Cascade Sierra Solutions--Seattle, WA Branch; Catalytic

Solutions, Inc.; Caterpillar Inc.; Center for Biological

Diversity; Center for the Celebration of Creation

(Philadelphia, PA); Central Valley Air Quality Coalition

(CVAQ); Charlotte Area Bicycle Alliance.

Charlotte Energy Solutions; Chelsea Board of Health;

Chelsea Collaborative, Inc; Chelsea Creek Action Group;

Chelsea Green Space and Recreation Committee; Chesapeake

Climate Action Network; Chestnut Ridge Transportation, Inc.;

Chicago Area Clean Cities; Childhood Lead Action Project;

Citizen Action/Illinois; Citizen Power; Citizens Against

Ruining the Environment; Citizens Environmental Coalition;

Citizens for Pennsylvania's Future (PennFuture); City of

Pittsburgh; City of Westland, Michigan; Cleaire Advanced

Emissions Controls; Clean Air Board of Central Pennsylvania;

Clean Air Carolina; Clean Air Council.

Clean Air Partnership; Clean Air Task Force (CATF); Clean

Air Watch; Clean Energy Coalition (MI); Clean Fuels Ohio;

Clean New York; Clean Water Action--California; Clean Water

Action--Chesapeake Region; Clean Water Action--Colorado;

Clean Water Action--Connecticut; Clean Water Action--Florida;

Clean Water Action--Michigan; Clean Water Action--National;

Clean Water Action--Pennsylvania; Clean Water Action--Rhode

Island; Clean Water Action--Texas; Clean Water Action

Alliance of Massachusetts; Cleveland County Asthma Coalition

(NC); Coalition for Responsible Transportation (CRT);

Coalition of Labor, Agriculture and Business--Imperial.

Commuter Challenge; Connecticut Citizen Action Group;

Constructors Association of Western Pennsylvania; Consulting

for Health, Air, Nature, and a Greener Environment (CHANGE);

Consumer Health Coalition; Corning Incorporated; Craufurd

Manufacturing, LLC; Cummins Atlantic, LLC;

Cummins Bridgeway LLC; Cummins Cal Pacific, LLC; Cummins

Crosspoint, LLC; Cummins Inc.; Cummins Mid-South, LLC;

Cummins Northeast, LLC; Cummins Northwest, LLC; Cummins

NPower LLC; Cummins Power South, LLC; Cummins Power Systems,

LLC; Cummins Rocky Mountain, LLC; Cummins Southern Plains,

Madam Speaker, I move to suspend the rules and concur in the Senate amendments to the bill (H.R. 5809) to amend the Controlled Substances Act to provide for take-back disposal of controlled substances in certain instances, and for other purposes.

Madam Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and include extraneous material in the Record.

Madam Speaker, I yield myself such time as I may consume.

I urge my colleagues to vote in favor of H.R. 5809, an act to reauthorize the Diesel Emissions Reduction Act, or DERA. Since its enactment in 2005, DERA has provided significant public health benefits, improved our national energy security, and helped create jobs. Today's bill will authorize the continuation of this successful program for 2012 through 2016. It also slightly modifies the program to improve its effectiveness and administration.

Diesel engines are the workhorses of the economy. They are used to take students to school, to build roads and buildings, and to transport goods over roads, rails, and waterways. Diesel engines have long had a reputation for being dirty, but that reputation is changing. New diesel engines and vehicles must meet tough standards set by the Environmental Protection Agency. However, there are millions of older diesel engines now in use that have very high emissions, causing a number of public health and environmental problems, including premature death. These engines have long useful lives, up to 25 years, so absent incentives to clean them up, we will be suffering from their pollution for a long time.

DERA is designed to use voluntary partnership approaches to reduce pollution from these existing engines and vehicles. DERA authorizes EPA and the States to use loans and grants to help clean up existing dirty diesel engines and vehicles. Today's bill would also permit EPA to run rebate programs for clean diesel technology.

All 50 States and D.C. have established DERA programs. Today's bill would allow Puerto Rico, the Virgin Islands, American Samoa, and the Northern Mariana Islands to do the same. DERA projects have included retrofitting schoolbuses to reduce children's exposure to harmful air pollution, repowering locomotives used at seaports to save fuel and reduce emissions in the surrounding neighborhoods, and

replacing high-emitting construction equipment. Clean diesel funding has also been used to help small- and medium-sized trucking companies afford clean technologies.

I was pleased to see EPA's recent action stating a preference for programs for truckers that couple fuel conservation technology with emissions reduction technologies, including anti-idling technologies, over programs that only have fuel conservation provisions. This approach is consistent with the DERA program as amended by this bill.

DERA is delivering numerous benefits. EPA estimates that every $1 spent on clean diesel projects generates up to $13 of public health benefits. DERA also helps reduce our dependence on foreign oil. From projects funded in just the first year of the program, EPA estimates that the country will save more than 3.2 million gallons of fuel annually. This means that truckers and other diesel operators will spend $8 million less on fuel, and reduce their CO2 emissions by 35,600 tons per year.

DERA also helps create jobs in the U.S. For every $500 million spent on diesel retrofit technology, DERA saves or creates on average almost 10,000 jobs. It also has facilitated the development of emerging cleaner technologies.

Given these benefits, it is not surprising that on November 9 a coalition of 538 companies and organizations representing manufacturing and business interests, environmental and health-based organizations, faith and labor groups, and State and local agencies wrote to House members to urge reauthorization of the Diesel Emissions Reduction Act, DERA. This reauthorization of DERA has strong bipartisan support, which has been a hallmark during its enactment and annually during the appropriations process.

Despite the significant benefits from DERA, today's bill sets the authorization level for 2012 through 2016 at half the level of that for 2007 through 2011. The authorizing level is being reduced so that it is more in line with the levels that are normally appropriated for this program.

It is not an indication that this Congress believes that the need for the program has decreased nor is it an indication that appropriated levels should be decreased. The Diesel Emissions Reduction Act has been a successful program that has widespread support and has produced significant benefits. I hope you will join me today in voting to reauthorize it.

I reserve the balance of my time.

Madam Speaker, we are paid until the end of the year. We are here to do our job. The American people said to work things out on a bipartisan basis. That is what we have done with this legislation.

I am pleased to yield 5 minutes to my good friend from southern California (Ms. Richardson).

Notwithstanding the fact the gentleman yielded back his time, I want to now use the remainder of mine, but I won't, even though I could, but in the interest of comity and good will, I won't complain, I won't go on, I will simply yield back my time and urge Members to support this worthwhile piece of legislation, which is now being, hopefully, passed for the second time.

I yield myself such time as I may consume.

Madam Speaker, it is somewhat ironic that here we are, almost poetic, like a line from a Robert Frost poem: on the shortest evening of the year, here we stand in the darkened wood, two roads diverge in front of us.

This Congress should be over. This Congress should have been over a month ago. But here we still are, continuing to pass legislation that is going to affect the lives of Americans well into this decade. And you have to ask yourself: Why is it that we are here doing this at this time?

Now, the bill before us is not necessarily bad policy. In fact, it was part of the Energy Policy Act of 2005. I voted in favor of that bill in 2005, and this reauthorizes a segment of it to deal with diesel emission reductions. And, all in all, it has been a good program.

The chairman is right; the amount of appropriations that are being authorized has been reduced from what was originally prescribed under the Energy Policy Act of 2005, and, all in all, that is a good thing. It is attributable to the fact that this has been a successful program and that its need going forward is less than what it was in 2005.

The chairman is also quite correct; diesel engines have a long life. They are a marvel of engineering. I have businesses in my district. Floyd McNeely, in my district in Fort Worth, runs a diesel refurbishing plant where he takes old run-out diesel engines and puts new life into them. Because of Environmental Protection Agency constraints, he can't sell them in this country but actually is able to sell them to countries in Central and South America, and they continue to perform good works, both in trucks and boats and other mechanical applications. Because of the long life of diesel engines, this program is indeed a reasonable one because it does reduce the diesel emissions from those engines that have been in use and provided gainful employment for a long period of time.

I am pleased the authorization was reduced. I am pleased that section 3 of this legislation before us authorizes a General Accounting Office study as to whether or not the authorization is even necessary going forward into the next period of authorization. It is important to make certain that this legislation stays on the right track.

Of course, as with many things in Washington, this legislation is supported by a broad coalition of environmental, science-based, public health, industry, and State and local government groups, all of which stand to benefit from this legislation. The American people, indeed, stand to benefit from this legislation because of the reduced amount of particulate emissions in older diesel engines.

But it still negates the fact that we shouldn't even be here in the first place. This Congress should have died a merciful death after being repudiated by the American people in the last election, and yet here we are, late into December, continuing to enact policies that are going to affect American lives well into this decade and probably decades beyond.

The American people spoke loudly with one voice and with extreme clarity on November 2 of this year. They said: Congress, stop. You've done enough damage. Go home and let us send new people to do the job.

Well, the new people are waiting in the wings, 80 freshmen on my side, ready to take the reins of power. Yet here we are at the 11th hour continuing to push policy across the floor. Whether it be good or bad policy at this point is not the point. The point is this Congress should have long ago gone home and wrapped up its business.

I reserve the balance of my time.

I yield myself such time as I may consume.

Madam Speaker, I would only point out, certainly I have no objection to working. In fact, in my prior life as a physician I worked many Christmases, many New Years, many Fourth of Julys, Mothers Days, and Veterans Days. But the fact is here we are at the 11th hour, probably on the next to the last day before this Congress dies a merciful death, and here we are passing legislation that, in fact, we have not had a hearing on in our committee. We have not had a markup on this legislation in our committee.

Several of us in the room right now are members of the Energy and Commerce Committee. I argue passionately during our committee hearings and markups that it is probably the committee with the most expertise in the whole United States Congress, and yet we didn't have a hearing to ask the simple question: Okay. We passed this legislation as part of the Energy and Policy Act in August of 2005 when it was signed into law by then President Bush. How has it done? How has it worked out? Has it performed as requested?

I can't argue the fact that this isn't a good proposal. I voted for it in 2005. I suspect it is a good proposal. But wouldn't it have been great to have a hearing, to have a markup? But, instead, we bring this bill to the floor at the 11th hour right before this Congress is to adjourn, thankfully, for the last time, and Members are expected to vote on it up or down. It is a travesty to do things in this way, and I hope things will change for the better in the next Congress.

As the gentleman knows, I can talk on this until my time has expired, but in the interest of comity and the spirit of the season and peace on Earth, good will toward men, I will yield back the balance of my time.

Madam Speaker, I rise in support of S. 3973, the reauthorization of the Diesel Emissions Reduction Act, a successful program that I strongly believe will make a major difference in lowering energy costs for consumers in all territories.

I am pleased that the program includes entities in the smaller territories, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands (CNMI), and the U.S. Virgin Islands for the first time.

While we are not at the level that we need, we pledge to fight for better inclusion in the future and do recognize that this is an important first step for the territories, which rely considerably on fossil fuels, including diesel.

As the country transitions to a clean energy economy, I am sure that we all can agree that it is only fitting that all jurisdictions under the U.S. flag are able to take part in national and state diesel emissions reduction grant and loan programs. Though the Energy Policy Act of 2005 has achieved much in ensuring that states qualify for grant and loan programs, geared towards reducing diesel emissions--today's reauthorization of the DERA will go a long way to ensure that all U.S. citizens are able to tap into the resources necessary to relieve the burdens associated with the combustion of dirty fossil fuels.

Reducing emissions from diesel engines is one of the most important air quality challenges facing the U.S. and its territories. Though it is undeniable that diesel engines have proven to be an invaluable resource over the years, it is high time that we reevaluate our over dependence on this fuel source--and look towards more sustainable alternatives.

As we are all aware, these engines emit large amounts of nitrogen oxides, particulate matter and air toxins, resulting in serious public health concerns.

Much of our heavy machinery and school buses are operated by diesel engines that do not meet EPA's clean diesel standards. Extension of the diesel emission reduction provisions will not only help to further current commitments to reduce air pollution but will make great strides in protecting our communities' health and that of future generations. Inclusion of all the territories in the DERA reauthorization would provide our jurisdictions with the opportunity to access currently unavailable resources necessary to retrofit existing equipment and implement new emissions control technologies.

At this time I would applaud the authors of this bill and thank Chairman Waxman and Energy and Commerce Committee staff for their leadership in ensuring that the territories are included in this important bill. I would also like to recognize the CNMI, Guam, American Samoa and Puerto Rico delegations for their tireless efforts on this issue as well.

Madam Speaker, I rise today in support of legislation that I introduced, along with Congresswoman Richardson, which would reauthorize the Diesel Emissions Reduction Act, DERA, to fund the modernization of diesel engines through retrofits.

Countless studies have shown that diesel emissions are one of the most significant health risks to Americans. More specifically, the Environmental Protection Agency, EPA, has linked these emissions to premature death, aggravation of symptoms associated with asthma, and numerous other health impacts every year.

To address this problem, in 2005, Congress enacted the Diesel Emissions Reduction Act, which established a five-year voluntary national and state-level grant and loan program to reduce diesel emissions, protect public health, and help states meet air quality standards of the Clean Air Act.

Retrofitting diesel engines provides enormous environmental benefits, yet before this program was implemented, there were few direct economic incentives for vehicle and equipment owners to do so. The financial incentives provided by DERA support voluntary rather than regulatory efforts to assist states meet current air quality standards. Reauthorization of this critical program, which cleans up more than 14,000 diesel-powered vehicles and equipment annually, would strengthen our ongoing efforts to reduce pollution, create additional demand for clean diesel technology, and employ thousands of workers who manufacture, sell or repair diesel vehicles and their components.

It is for these reasons that the DERA program, which averages more than $13 in health and economic benefits for every $1 invested according to the EPA, needs to be reauthorized.

I would be remiss if I did not recognize Senators Voinovich and Carper for authoring the DERA reauthorization program in the Senate, and to commend them for their outstanding leadership on this important issue. Their legislation served as the counterpart to the measure we introduced in the House of Representatives.

H.R. 5089, which was unanimously approved by the other chamber, has garnered the support of a broad coalition of more than 530 environmental, public health, industry and labor stakeholders.

In closing, I urge my colleagues to join me in improving America's air quality by upgrading and modernizing older diesel engines by voting in favor of H.R. 5089.