Motion To Instruct Conferees On H.R. 6, Energy Policy Act Of 2003
Mr. Speaker, I offer a motion to instruct conferees. Mr. Speaker, I yield myself such time as I may consume. My motion to instruct the energy conferees is very, very simple. There is no provision in the House or Senate energy bills that…
Mr. Speaker, I offer a motion to instruct conferees.
Mr. Speaker, I yield myself such time as I may consume.
My motion to instruct the energy conferees is very, very simple. There is no provision in the House or Senate energy bills that allow ozone nonattainment areas to extend, or ``bump up,'' deadlines to comply with the Clean Air Act.
Now, House GOP energy conferees, including my respected colleague, the gentleman from Texas (Mr. Barton), want to include a rider in the energy conference report to overturn four Federal court rulings and amend the Clean Air Act to allow polluted areas to have more time to clean up, but without having to implement air pollution controls. Every time one looks up, it is another extension. This would delay the adoption of urgently needed antipollution measures in communities throughout the country.
Industry officials, environmentalists, local elected officials, the Texas Commission on Environmental Quality, and the Environmental Protection Agency have been working hard in recent months to find a way of complying with the ozone standards in north Texas. The Barton provision destroys that process.
This special interest rider also shows reckless disregard for the health consequences that dirty air has on my constituents and others that live in smoggy cities across the country.
To further delay necessary emissions reductions in ozone nonattainment areas is unacceptable and a betrayal of the public's trust. It is unacceptable, most of all, because it is based on false information that ozone transport jeopardizes attainment for smoggy cities.
An article in my hometown newspaper, the Dallas Morning News, states today that documents and interviews from the Bush administration's EPA show little or no evidence to support claims that Houston's smog is harming the Dallas-Fort Worth attainment of clean air goals.
This is not about jobs versus clean air; this is about a small set of areas seeking to avoid their responsibility under the Clean Air Act, thereby gaining a competitive advantage over other industries in other areas that have complied. The disadvantaged area is quite likely to be in your district.
This provision is blatantly unfair to my constituents and the gentleman from Texas's (Mr. Barton) constituents who write me all the time and live down wind from the smokestacks in my colleague's district. Under this provision, dirty, unhealthy air will continue to blow downward on to my constituents, possibly until the year 2012.
I am a nurse by profession. The health effects of air pollution imperil human lives. Ozone pollution burns cell walls in the lungs and air passages, causing tissues to swell, chest pain, coughing, irritation, and congestion. Ozone pollution decreases the ability of lungs to function properly. Air pollution aggravates asthma and increases susceptibility to bacterial infection. Long-term exposure to ozone in otherwise healthy individuals could set the stage for more serious illnesses. The cost for asthma, estimated at $11 billion annually, is only part of the total cost of the health care necessitated by exposure to harmful levels of ozone.
The American Lung Association reports that exposure to high levels of ozone air pollution appears to be responsible for up to 50,000 emergency room visits and up to 15,000 hospitalizations for respiratory problems each year. I had a dear friend lose her life this year from this very ailment, a 51-year-old M.D. who had never smoked a cigarette.
In my district, the effects of air pollution are especially compelling. The American Lung Association reports that nearly a half million people in the Dallas-Fort Worth area live with diseases that are aggravated by air pollution. EPA's own consultants found that each year almost 370 residents of the Dallas-Fort Worth area died just because of pollution from the oldest and dirtiest unregulated power plants, and 10,500 asthma attacks are triggered.
To further delay compliance and cleanup will increase health care costs for my constituents at a time when the health care system is broken. Clean air is crucial to the health of north Texans and the future economic well-being of our region.
The Barton ``bump-up'' provision has no business in the energy bill.
I suggest that if my colleague from Texas (Mr. Barton) and my colleague from Louisiana (Mr. Tauzin), gentlemen I respect, wish to amend the Clean Air Act, they should do so by showing respect for our legislative process and by using a more appropriate legislative vehicle. But instead, they have language they are not even sharing with people to do it.
Enough is enough. Hard deadlines are necessary to get the job done and clean up our air. This time has been lengthened and lengthened and lengthened and, each time, what is the answer? Another lengthened time.
Our Republican colleagues cannot continue to delay and stall. We have a greater obligation to protect public health than polluters' profits and campaign contributions.
I am disappointed that many Republicans will frame this debate as a trade-off between jobs and the environment. They are dead wrong. I urge my colleagues to vote against giving a clean air holiday to a few areas with the right political connections. I ask my colleagues to put the public health ahead of polluters' profits. Please vote for the motion to instruct.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, this really is not a partisan issue. It is a matter of clean air that people breathe. I am certain there are people on that side of the aisle that will stand with the gentlemen, who I consider both my good friends. But there will be some probably who will not because they want to breathe some clean air. That is all this is about. It has nothing to do with partisanship. It has nothing to do with the Clinton administration. They have been given time. That is all this indicates. They have already had time to clean the air.
Mr. Speaker, what I need to ask is that at what point will these polluters be responsible for cleaning up? If we stand here and change the goal post one time after another, the time never comes.
The Clinton administration, which you love to refer to on this, gave leeway, but it is time now to clean the air. People are dying from this dirty air.
Mr. Speaker, I yield 3\1/2\ minutes to the gentlewoman from California (Mrs. Capps.)
Mr. Speaker, I yield 4 minutes to the gentleman from Maine (Mr. Allen).
Mr. Speaker, I have no further requests for time, and I believe I have the right to close.
Mr. Speaker, I yield myself the balance of my time.
There are lots of areas in the country that have already implemented the controls that the gentleman from Texas (Mr. Barton) speaks about and had worse transport problems and are not seeking extensions. It is a matter of whether these companies want to do it and have the encouragement to come into compliance rather than to help to stay out of compliance.
I would also like to note that the gentleman from Michigan (Mr. Upton) was here speaking, and I do not know about his application for an extension, but all the areas in Michigan have attained the 1-hour standard. So I do not know why the EPA policy would even apply to Michigan.
The only transport occurring in my area is from the gentleman from Texas' (Mr. Barton) district to mine. It is not from Houston to Dallas, and in today's article that was well-researched in the Dallas Morning News, it states that the region missed Federal deadlines in 1996 and 1999 to clean up its air. The last missed date made the region, now classified as a serious ozone violator, eligible to move to the next worse category, as severe. That would impose the new deadline set by a Federal law for 2005 and new orders for pollution cuts.
I yield to the gentleman from Texas.
Mr. Speaker, I yield 30 seconds to the gentleman from Texas (Mr. Barton).
Mr. Speaker, I yield myself such time as I may consume.
(Ms. EDDIE BERNICE JOHNSON of Texas asked and was given permission to revise and extend her remarks, and include extraneous material.)
Wherever we are dirtying this air, it is dangerous to the lungs, and it is dangerous to the health.
According to the Environmental Protection Agency, 127 million Americans breathe air that violates Federal standards for smog and soot pollutions. EPA's own consultants found that each year almost 370 residents of the Dallas-Fort Worth area died just because of pollution from the oldest and dirtiest unregulated power plants in the country, and 10,500 asthma attacks are triggered.
During the past several years, EPA gave several metropolitan areas a free pass, extending air deadlines for dirty areas without bumping them up to the higher pollution categories that would require more protective standards. Four separate Federal appellate courts all ruled that EPA's extension policy violated the language and purpose of the Clean Air Act. Appropriately, that led the agency to abandon the policy.
With so many Americans breathing in dirty air, it should be obvious that air quality standards are already not being enforced enough. Why would we make them weaker? But rather than accepting the judgment of the EPA and the courts, the gentleman from Texas (Mr. Barton) and his allies are seeking to amend the Clean Air Act. His changes would turn the clock back, extend the air time frames once again, without raising the bar for air quality. What this means in real terms for real people is simple: Dirtier air for longer.
In their desire to pass any comprehensive energy bill, some of my colleagues may be willing to overlook the massive damage this bill would do to our existing clean air policies. Including the Barton dirty air rider, which I do not even know what it says because he will not let us see it, but it means ignoring overwhelming scientific evidence on the serious health effects of ozone pollution. It will mean that pollution in these areas will go unchecked for longer and longer in the future.
Asthma attacks, respiratory problems and pulmonary disease will go up, while the amount of time children can spend playing outside will go down. Developing lungs process 50 percent more air, pound for pound, than those of adults.
Children suffer most from the current air quality shortfalls. Letting the situation worsen for years and even decades does nothing for a child unable to go outside today.
It is true that we must secure our energy future, and this is why a comprehensive energy bill is attempting to move forward, but we must not roll back critical safeguards. We must not pass a bill with great shortfalls simply because we need to pass a bill. We must instead work toward a fair bill that protects us all and does not endanger ourselves and our children.
This is not an attack upon my colleague and nor is it Democrats versus Republicans. We see Democrats sitting over here that are for this, too. He is for dirty air, but while we agree that emissions from vehicles are significant contributors to ozone formation in north Texas, we also want to highlight the fact that the volume of the emissions coming from sources in Ellis County equals that of 2.5 million vehicles annually. These emission figures do not account for the two power plants that have sited their plants in Ellis County. Many of them have moved from Dallas County to Ellis County to avoid compliance with better emission controls because they knew they would find the gentleman from Texas (Mr. Barton) there to protect them, which is not a part of this quote, with better pollution controls nor do these emission figures account for the three permit amendments that are pending at the Texas Commission of Environmental Quality to increase emissions.
Are we going to forget about the people and the health of the people altogether and not care what happens to the people's lungs, including those of us who are here, or are we going to say to the companies, get serious, comply with the standards?
Mr. Speaker, I also have testimony from that hearing from four witnesses in July, as well as other material that I have referred to, to place in the Record at this point.
[From the Dallas Morning News, Oct. 28, 2003]
Houston Link to D-FW Smog Doubted
(By Randy Lee Loftis)
Internal reviews at the Environmental Protection Agency
found little or no evidence to support Texas' contention that
Houston's smog was harming Dallas-Fort Worth's attainment of
clean-air goals, documents and interviews show.
Nonetheless, EPA officials publicly used much different
language--asserting that Houston's smog ``jeopardized''
Dallas' attainment--and proposed giving urban North Texas two
more years to clean up its smog than federal law allowed. The
move postponed a tougher smog crackdown.
Current and former EPA officials this week defended their
decisions and said there was no attempt to alter scientific
findings to justify their January 2001 proposal to extend
North Texas' smog deadline.
``I don't recollect anybody trying to hide a shell game on
Dallas-Forth Worth,'' said Tom Diggs, the EPA's chief air
planner for Texas. He said the agency's actions were in line
with national policy.
But a scientist at a major environmental group called the
discrepancy between the EPA's internal reviews and its public
statements ``damning'' evidence of collusion to avoid
statutory deadlines, at a cost to public health.
``It is shameful that the EPA was more worried about
appearing inflexible than upholding the law,'' said Dr. Ramon
Alvarez of Environmental Defense's Texas office.
time to clean up
North Urban Texas is under pressure to resolve one of the
nation's most stubborn smog problems. Emissions from vehicles
and industries combine to create hazy skies and health risks,
especially for children, the elderly and people with lung
ailments.
The region missed federal deadlines in 1996 and 1999 to
clean up its air. The last missed date made the region, now
classified as a serious ozone violator, eligible to move to
the next-worse category, severe. That would have imposed a
new deadline, set by federal law for 2005, and new orders for
pollution cuts.
When the EPA proposed postponing the deadline to 2007, it
also put off the area's designation as severe. That decision
two years ago has surged back into the headlines in recent
days as part of a bitter fight in Congress.
The agency gave such extensions to several metropolitan
areas, in each case saying scientific evidence supported
them. Federal courts have struck down the extensions as
illegal.
An effort by U.S. Rep. Joe Barton, R-Enis, to legalize them
has helped to stall a major energy bill.
Some Senate Republican leaders and Democrats in both
chambers oppose Mr. Barton's attempt. ``We did some research
on the issue,'' Mr. Barton said Tuesday in Washington. ``We
had a hearing in the committee. And all but some of the more
radical environmentalists said we ought to give the EPA this
discretion.''
The EPA's policy on ``transport'' of smog, or ozone,
between cities was supposedly meant to keep a downwind area
from paying a price for an upwind area's pollution.
Starting with the Clinton administration, the EPA offered
to extend deadlines for any urban area that could demonstrate
that another area's smog was significantly affecting its
clean-air attainment.
Atlanta, Washington, D.C., St. Louis and Beaumont-Port
Arthur were among the takers.
So was Dallas-Fort Worth. The Texas Natural Resource
Conservation Commission, now the Texas Commission on
Environmental Quality, submitted technical findings in
September 1999 that it said showed Houston's effect on
Dallas-Fort Worth.
The EPA's Dallas office formally accepted the state's
evidence Jan. 4, 2001. The EPA cited the evidence in
proposing to postpone Dallas-Fort Worth's deadline to 2007
from 2005, the date set by law.
``We are proposing that this transported pollution affects
DFW's ability to attain by the current attainment date,'' the
EPA announced in the Federal Register.
``Thus, the DFW and HGA [Houston-Galveston] areas are
inextricably linked,'' the agency wrote. ``Without controls
in the HGA, the DFW area's ability to attain is
jeopardized.''
Environmentalists questioned that assertion at the time,
saying the EPA was using transport as an excuse to give
states more time for cleanups. The federal court rulings kept
the EPA from finalizing the North Texas extension. Future
smog plans are being negotiated.
Mr. Diggs, the EPA's chief regional planner, said Tuesday
that the state's submittal met the EPA national policy for
such claims. He acknowledged, however, that the EPA set the
scientific hurdle so low that it was easy for states to get
the deadlines extended.
``Whether [making the extensions easy] was a good decision
or not, it was out there for every state,'' he said.
``significant'' impact
Elsewhere in that Federal Register document, Mr. Diggs
noted, the EPA said Houston's impact on North Texas was small
and limited to some days, but met the agency's definition of
``significant.'' However, EPA technical reviews in 1999 had
found that Texas' scientific case was ``weak'' and that
Houston actually had ``minimal, if any'' effect on Dallas-
Fort Worth's attainment, documents and interviews show.
One former EPA staff expert who reviewed the evidence
concluded then: ``Thus, there is not much of an impact of HG
[Houston-Galveston] on the DFW [area] that would interfere
with DFW's ability to achieve attainment.''
Dick Karp said in an interview that he was given no new
information later that would change that conclusion.
too rigorous review
The problem, he said, was that supervisors told him his
review was ``more rigorous'' than the agency wanted.
``There was a lot of passing back and forth,'' Mr. Karp
said. ``I know in the beginning I was probably a bit more of
a stickler for them being able to prove it--show me that
there's a real impact from Houston.
``And I kind of got taken aside and told, `Well, that's not
exactly what this policy is about.' ''
EPA executives wanted to grant the extensions, but making
the states prove their claims would go against that goal, Mr.
Karp said.
So he was told that the burden was on the EPA to disprove
the states' claims, not on the states to prove them, he said.
``I wasn't real comfortable with that, but I don't get to
make the rules,'' said Mr. Karp, who has left the EPA.
Former EPA regional administrator Gregg Cooke, who made the
decision to delay Dallas-Fort Worth's deadline, said he was
never told that there were questions about the state's
evidence.
``The staff document that was sent to me [said that] we
think we should give the extension, ``he said. ``And I
approved that based upon whatever was given to me at the
time. . . . I thought the analysis from staff was that the
technical argument was well-taken.''
Asked whether knowing of lower-level staff concerns about
the state's case might have changed his decision, Mr. Cooke
said, ``It might have been germane.''
Mr. Cooke, who has since left the EPA, is an attorney
representing the governments of Dallas-Fort Worth-area
counties on clean-air planning.
Mr. Diggs said the EPA's final technical documents,
published along with the proposal to extend North Texas'
deadline, laid out the agency's policy requirements and
showed that Texas had met them. The documents did not claim,
he said, that Houston's smog was keeping Dallas-Fort Worth
out of clean-air attainment. That was clear in an Oct. 22,
1999, letter to Texas officials, he said.
``We would never say that Houston is the reason for Dallas-
Fort Worth's nonattainment,'' Mr. Diggs said, ``Houston
coming into attainment does not solve Dallas-Fort Worth.''
Even the Texas officials who assembled the state's evidence
knew that they couldn't prove that Houston was a big factor
for North Texas, said Brian Foster, an air planner with the
Texas Commission on Environmental Quality.
`minimal impact'
``We did show that there was a minimal impact. We admit
that it wasn't the greatest amount there was,'' Mr. Foster
said.
But the state agency, hoping that new federal and state
measures would help ease Texas smog, readily took advantage
of the delays that the transport policy offered, he said.
``We felt that we needed more time,'' Mr. Foster said. The
key to getting it was EPA's low standard for showing
``significant'' impacts. ``Once again, it goes back to the
EPA policy,'' Mr. Foster said.
Dr. Alvarez, the Environmental Defense scientist, said the
EPA oversold Houston's impact to the public to justify the
extension. Added together, he said, such seemingly small
steps backward help explain why decades of efforts have
failed to clean up North Texas' air.
``It seems like sophomoric high school decision-making,''
he said. ``Unfortunately, the stakes are much higher: It is
the asthmatic children in the metroplex that pay the price of
yet another delay in the fight for clean air.''
U.S. Senate,
Washington, DC, October 27, 2003.
Hon. Pete Domenici,
Chairman, Senate Committee on Energy and Natural Resources,
Dirksen Senate Office Building, Washington, DC.
Dear Mr. Chairman: The Clean Air Act has reduced pollution
from many different sources, but there is still much more
work to be done. Nearly 150 million Americans are living in
areas that currently do not meet the nation's air quality
standards. As you know, in the Senate, the Environment and
Public Works Committee has the responsibility for reviewing
and revising that Act in a manner that will help us achieve
the unanimous goal of improved air quality for all our
citizens.
We understand that members of the energy bill Conference
Committee from the House of Representatives have proposed an
amendment to Title I of the Clean Air Act. That amendment, to
codify a policy with respect to ozone nonattainment
designations, is not relevant to energy issues, has been
overturned by the courts, and has not been the subject of
consultation with or legislative action by the Environment
and Public Works Committee or the Senate. Therefore, we
believe it is inappropriate to include such provisions as
part of the energy bill.
The effect of the proposed amendment would be to disregard
the compelling scientific evidence on the serious health
effects of ozone pollution and delay necessary emissions
reductions. This will increase pollution in those areas and
in downwind areas, increasing asthma attacks, the number of
hospital admissions for respiratory and pulmonary problems,
and reducing the number of days that children can play
outside safely. This would be contrary to the system
established by the Clean Air Act and unsound policy.
In addition, the precedent of bypassing the Committee on
Environment and Public Works would be unfortunate. Disregard
for the views of the committee of jurisdiction would be
compounded by incorporating a new matter such as the proposed
amendment, which is not in either Houses' version of H.R. 6,
into the conference report. Inclusion of the amendment in the
conference report on H.R. 6 will delay Senate consideration
and any final action on H.R. 6.
Finally, we clearly understand that this proposal is not
emanating from the Senate conferees and urge you to oppose
it. Energy Committee majority staff has indicated publicly
that you do not think that the energy bill is the appropriate
vehicle for amending the Clean Air Act.
We hope that you will maintain that position with respect
to this proposed amendment and any such proposals outside the
scope of what has already passed the Senate when the
conferees meet again.
Sincerely,
Jim Jeffords, Jack Reed, Patrick Leahy, Barbara Boxer,
Joe Biden, Ron Wyden, Dianne Feinstein, John F. Kerry,
Hillary Rodham Clinton.
Mr. Speaker, I yield back the balance of my time.
Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks on this motion to instruct.