Mr. Speaker, I yield 3\1/2\ minutes to the gentleman from California (Mr. Waxman). (Mr. WAXMAN asked and was given permission to revise and extend his remarks.) Mr. Speaker I yield myself such time as I may consume. (Mrs. CAPPS asked and…
Mr. Speaker, I yield 3\1/2\ minutes to the gentleman from California (Mr. Waxman).
(Mr. WAXMAN asked and was given permission to revise and extend his remarks.)
Mr. Speaker I yield myself such time as I may consume.
(Mrs. CAPPS asked and was given permission to revise and extend her remarks.)
Mr. Speaker, I rise in opposition to H.R. 4517, the Refinery Revitalization Act. This bill would give the Department of Energy unprecedented authority over all environmental permitting of refineries, with serious environmental consequences, creating yet another governmental bureaucracy. This bill has not been examined by any committee with jurisdiction over these laws and would create serious conflicts between the Department of Energy and State and Federal agencies charged with protecting our environment. I urge my colleagues to oppose this bill.
The premise of this bill is that environmental regulation is hindering refinery expansion. There is no basis for this conclusion. Refining capacity has actually increased in recent years, and environmental requirements have not prevented that increase.
While there has been a decrease in the number of refineries, not the capacity, but the number, this is due to increasing market concentration resulting from refinery mergers. Thus, Big Oil, and not environmental laws, are to blame for fewer, but bigger, refineries.
Even if environmental permitting requirements were not the problem, this bill would make the situation worse, not better, by wreaking havoc with the well-established system partnership in place today. Under this bill, the Department of Energy would be given lead authority over environmental permits and would be given the ability to overrule permit denials by other State and Federal agencies. DOE lacks the experience or the ability in interpreting or implementing our environmental laws, because DOE's mission is not focused on environmental protection.
I am surprised at my colleagues' support for this bill, which would actually remove power from the States, from local control, and transfer it to a centralized bureaucracy in Washington, D.C. This runs counter to the themes of anti-big government that the majority professes to champion.
While this bill is no doubt supported by the refineries, it is not supported by anyone with a stake in environmental protection. All of the major environmental organizations oppose this bill, and the list of State organizations that have opposed the bill includes the Environmental Commissioners of the States, the National Conference of State Legislatures, the State and Local Air Directors, and many other groups.
This bill is also opposed by the League of United Latin American Citizens, LULAC, and the National Hispanic Environmental Council, because of the environmental justice issues that it raises.
Mr. Speaker, I will enter into the Record letters from both of these organizations.
In addition to giving the Department of Energy the ability to override Federal and State permitting agencies, this bill also creates a special consultation process for industry. Before any other parties would even know that a permit is being planned, H.R. 4517 would require that DOE provide any permit applicant with a chance to meet with the permitting agencies, an inside track if you will, and obtain an informal reading regarding the agency's plan for granting the permit.
So much for competitive processes. This would give the inside track to the permit applicant over the public, which has overriding environmental and public health concerns.
Finally, DOE would also be given the ability to shape the record and the timing and procedure for the granting of permits. That power in itself is highly significant since a major part of permit evaluation is whether the permittee has supplied sufficient information and, in many cases, the environmental statutes and regulations specified, precise permit content. Under this bill, the Department of Energy would be allowed to determine that ``such data as the Secretary consider necessary had been submitted,'' centralized power, and move to permit issuance in 6 months or less. That would allow DOE to move a permit forward even where a permit applicant had clearly failed to meet the fundamental requirements for basic information.
The bill has not had any benefit of review by anyone except its sponsors. No hearings have been held, no agencies, not even DOE or EPA have testified to its effect. In essence, it makes a mockery of the legislative process that we are all committed to in this body.
Before we move to place an overlapping and inconsistent permitting scheme on top of already complex Federal laws that govern environmental permitting by State and Federal agencies, we should at least undertake a basic analysis of the bill's impact and validity. If the Congress is serious about examining refineries, we should do the work that would let us understand the effect and meaning of such a bill.
That has not been done, and in urging my colleagues to oppose this bill, I remind us all that the passage of this bill is going to ensure that disadvantaged communities are going to rise up in strong opposition to being dumped on, yet another time, by the government. And it also will open up serious discussion of what big government is really about.
League of United
Latin American Citizens,
Washington, DC, June 14, 2004.
Chairman Joe Barton,
Committee on Energy and Commerce, House of Representatives,
Washington, DC.
Dear Chairman Barton: On behalf of the League of United
Latin American Citizens (LULAC), the oldest Latino civil
rights organization in the United States, I am writing to
express deep concern with the introduction of HR 4517
directing the Secretary of Energy to designate ``Refinery
Revitalization Zones'' in areas of the country with high
levels of unemployment. Although we strongly support
revitalizing areas of the country with high unemployment and
the stabilization of oil workers is a LULAC priority,
unfortunately LULAC feels that HR 4517, as it stands today,
fails to reach this threshold in a number of ways. LULAC
believes that HR 4517 is structured so as to continue a race
to the bottom in labor and environmental standards and will
encourage members to reject this legislation.
LULAC is concerned about the stability of oil prices and
its impact on oil workers, many of whom are Hispanic. LULAC
supports state and federal efforts to stabilize the price of
oil and prevent the displacement of Hispanic oil field
workers and federal tax incentives to domestic oil producers
to reduce dependency on foreign oil. Therefore, LULAC is in
support of a federal energy policy that encourages the
development of alternative fossil fuels and other
environmentally friendly energy sources. However, the devil
is in the details. We support efforts that contain the rules
necessary to ensure balanced and equitable sustainable
development, stable economies and a healthy environment but
do not feel H.R. 4517 meets those standards.
LULAC believes that the efforts to create Refinery
Revitalization Zones in areas with unemployment rates more
than 20% unfairly targets area that are heavily minority
populated and already disproportionately impacted by
refineries and other industries. The environmental and public
health impacts of refineries that are required to meet all
existing environmental laws, including those state
regulations that may be more stringent than federal, are
still disproportionately felt by underprivileged communities.
This legislation would exacerbate these problems.
Lastly, the legislation places the power to designate a
revitalization zone with the Secretary of Energy with little,
if any review from other agencies. If we are to grow jobs, it
is critical that this be done in a substantive and
sustainable manner--over the long-term--and not with a short-
term vision that merely places a band-aid on real development
needs.
Sincerely,
Hector Flores,
LULAC National President.
Mr. Speaker, I yield 6 minutes to the gentleman from Massachusetts (Mr. Markey).
May I inquire of the Speaker, please, the time remaining on each side.
Mr. Speaker, it is with pleasure I yield 4 minutes to the gentleman from Maine (Mr. Allen).
Mr. Speaker, I am pleased to yield 5 minutes to the gentleman from Michigan (Mr. Dingell), the ranking member of the Committee on Energy and Commerce, my colleague.
(Mr. DINGELL asked and was given permission to revise and extend his remarks, and include extraneous material.)
Mr. Speaker, I reserve my time.
Mr. Speaker, I continue to reserve my time.
Mr. Speaker, I yield 5 minutes to the gentleman from Minnesota (Mr. Oberstar).
Mr. Speaker, I yield myself such time as I may consume.
In closing, I would observe to the chairman of the Committee on Energy and Commerce that on our side we have needed to roll into this 1 hour of discussion all of the customary hearings and studies which should have been undertaken. I know the gentleman has made apologies for it, but it is clear to me in listening to the debate that this bill before us is based on such a faulty premise, an unproven, untested premise, that public health and environmental protection laws are to blame for the shutdown of refineries. There is no evidence to support it, and there is no documentation that passage of this bill would increase the number of refineries reopened or produced.
We are being asked to support this legislation with no knowledge base on which to make our actions. As I have said earlier, to me this is a mockery of the system we are about, particularly for the committee which is such an important, prestigious committee within the House of Representatives and which I am so honored to be a part of.
The solution that I understand is being offered is to let the Secretary of Energy, a czar is what my colleagues have called him, we will have to build him a special throne because he is going to be able to override the Environmental Protection Agency, one whole agency that will just be emasculated, never mind State houses emasculated, to have a say in the environmental and public health regulations that their State has authority over. That will all be set aside in favor of this hope that by giving the power to the energy czar, we will see oil refineries opened. We do not know for sure but we hope so. The gentleman from Massachusetts (Mr. Markey) eloquently noted for us that oil companies are awash in profits and could if they wished today build new refineries.
In sum, this is a bad bill. We can consider the topic but we certainly should not support this legislation. I urge my colleagues to oppose it. If this bill goes into law and is signed into law, we will begin a strong conversation with the American people about environmental justice issues and about the engorgement of big government here in Washington, D.C.
Mr. Speaker, I yield back the balance of my time.
Mr. Speaker, on that I demand the yeas and nays.