Providing For Consideration Of H.R. 806, Ozone Standards Implementation Act Of 2017
Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 451 and ask for its immediate consideration. Mr. Speaker, for the purpose of debate only, I yield the customary 30 minutes to the gentleman from Colorado (Mr.…
Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 451 and ask for its immediate consideration.
Mr. Speaker, for the purpose of debate only, I yield the customary 30 minutes to the gentleman from Colorado (Mr. Polis), pending which I yield myself such time as I may consume. During consideration of this resolution, all time yielded is for the purpose of debate only.
General Leave
Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days to revise and extend their remarks.
Mr. Speaker, House Resolution 451 provides for a structured rule to consider a bill out of the Energy and Commerce Committee pertaining to the Environmental Protection Agency's ozone standards. The rule provides for 1 hour of debate equally divided between the majority and the minority on the Energy and Commerce Committee. The rule further makes in order six Democratic amendments for consideration. Finally, the minority is afforded the customary motion to recommit.
Under the Clean Air Act's National Ambient Air Quality Standards program, the EPA is tasked with setting standards and regulations for certain defined pollutants, including ground-level ozone, commonly referred to as smog. The Environmental Protection Agency has set these standards and adjusted when necessary in 1971, 1979, 1997, and 2008.
Since 1980, ozone levels have declined by 33 percent, according to the EPA, thanks in large part to diligent State oversight of industries and planning, along with weather patterns and outside temperatures, which all contribute to ozone levels.
Ozone has been a particular issue in the north Texas area that I represent, where hot summer days and prevailing southerly breezes cause air quality issues that affect outdoor activities and may create health concerns.
In 2015, the EPA proposed changing the 2008 ozone standards that had not yet been fully implemented, despite nearly 700 national, State, and local organizations and stakeholders requesting that the EPA allow the 2008 standards to be adopted before moving the goalposts on these regulated parties. In fact, the EPA did not publish its implementation regulations for the 2008 standards until March of 2015, nearly 7 years after the standards had been issued, and then promptly that same year decided to change the rules entirely.
The EPA ignored the request from stakeholders and moved ahead with lowering the ozone standard, manipulating scientific findings in order to justify the move. In fact, nearly two-thirds of the so-called benefits that the EPA claimed would result from this new standard are not based on ozone reductions at all, but instead on reductions from an entirely different pollutant regulated under a different set of rules.
H.R. 806, the Ozone Standards Implementation Act of 2017, is an important step toward focusing the EPA's efforts at science-based regulating of the environment and a rejection of the politically motivated actions of the previous 8 years.
The legislation phases in implementation of the 2008 and 2015 ozone standards, extending the date for final designation for the 2015 standard to 2025, aligning the permitting requirements of the Clean Air Act with the implementation schedule set by the EPA. This allows for a thoughtful and methodical implementation process to proceed at the State level to address the varied needs and nuances that exist in the States based upon industry and based upon weather patterns.
The measured approach contained in H.R. 806 will allow States to pursue cost-effective and practical implementation plans to enforce the EPA's ozone standards. Further, it utilizes a process that will benefit from the States' practical experiences at implementing previous ozone standards.
Nothing in the legislation before the House today changes any existing air quality standards or regulations. Let me say that again. Nothing in the legislation before the House today changes any existing air quality standards or regulations.
This legislation is focused solely on providing States and businesses the proper tools, time, and flexibility to implement the EPA's regulations most effectively. This is a goal we should all support.
According to the EPA's own analysis in 2015, the vast majority of U.S. counties will meet the 2015 standards by 2025, the same timeframe that the bill before us contemplates implementation.
H.R. 806 is important, however, because it gives States the flexibility to focus on the most pressing environmental issues in each individual State, rather than having the EPA dictate where resources must be used regardless of need.
The Energy and Commerce Committee has been reviewing the issue of finding the correct balance for ozone implementation for years and has crafted legislation that reflects that measured approach.
In 2015, I wrote to the EPA's Clean Air Scientific Advisory Committee expressing my concern over the EPA's expedited implementation of the 2015 standards despite concerns on how the ozone rules could affect other pollutants, namely nitrogen oxide, which has been found to actually increase inversely when ozone levels decrease. This increase of nitrogen oxide is especially present in urban environments where many at-risk populations live.
Given the many implementation questions surrounding EPA's political decision to move forward with the 2015 standards, H.R. 806 is a prudent and justified course that this government should be taking.
For these reasons, I encourage my colleagues to support today's rule and the underlying bill, and I reserve the balance of my time.
Mr. Speaker, I yield myself 1 minute.
Mr. Speaker, I want to reference a letter that I sent on May 23, 2014, to Dr. Christopher Frey, who was then the chairman of the EPA Clean Air Scientific Advisory Committee.
The letter reads:
``I understand that, due in part to recommendations by the Clean Air Scientific Advisory Committee, EPA's new draft Health Risk and Exposure Assessment for Ozone concludes that''--I am quoting from the EPA here-- `` `mortality from short- and long-term ozone exposures and respiratory hospitalization risk is not greatly affected by meeting lower standards.' ''
Again, that is from the EPA draft of the Health Risk and Exposure Assessment for Ozone, from May of 2014.
Mr. Speaker, I include in the Record the letter.
Congress of the United States,
House of Representatives,
May 23, 2014.
Dr. H. Christopher Frey,
Chair, EPA Clean Air Scientific Advisory Committee,
Distinguished University Professor, Department of Civil,
Construction, and Environmental Engineering, North
Carolina State University, Raleigh, NC.
Dear Dr. Frey: In January 2015, pursuant to a court imposed
deadline, the Environmental Protection Agency (EPA) is
expected to propose revisions to the current National Ambient
Air Quality Standard (NAAQS) for ozone set in 2008. The
agency's proposed revisions may well represent the most
costly standards the agency has ever sought to impose on the
U.S. economy. The Administrator's judgments about the
adequacy of the standard and any such proposed revisions
accordingly will be subject to close Congressional oversight
and scrutiny. A critical question will concern whether the
Administrator has fully and clearly evaluated the risk
reduction estimates associated with the standard and proposed
alternatives.
The Clean Air Scientific Advisory Committee's (CASAC) by
statute serves to review the information supporting EPA's
assessment of the existing NAAQS for ozone and to help assure
that EPA conducts a full and objective evaluation of risks
and risk tradeoffs in its proposals. In the context of this
review, given the potential costs and impacts of any revision
to the current standard, I believe it is critically important
that such risks and risk tradeoffs are fully evaluated.
Presently, EPA appears to be moving forward without fully
addressing important risk tradeoff questions regarding the
impact of emissions reductions of nitrogen oxides
(NOX), which CASAC has also been reviewing, on
ozone concentrations. I write today to draw your attention to
concerns that have been raised that EPA has not fully
evaluated the risk reduction outcomes identified in the
agency's risk assessments used for the upcoming proposed
rule.
I understand that, due in part to recommendations by CASAC,
EPA's new draft Health Risk and Exposure Assessment for Ozone
(HREA) concludes that ``mortality from short- and long-term
[ozone] exposures and respiratory hospitalization risk is not
greatly affected by meeting lower standards.'' According to
the HREA, this is due in part to the fact that further
reductions in nitrogen oxides (NOX) emissions will
actually increase ozone levels on low concentration days in
urban areas where at-risk populations live.
For instance, in modeling a 50 percent reduction in
NOX emissions from existing levels, the HREA found
that April-to-October ozone exposures actually increased for
large percentages of exposed populations in several major
urban areas where at-risk populations are likely to live,
including New York, Detroit, Los Angeles, and Chicago. In
other words, even though reducing NOX emissions
may yield direct benefits by reducing NOX related
health effects, they may also lead to increased ozone
levels--the issue under review by the CASAC Ozone Review
Panel.
If EPA is correct to assume that all ozone exposures should
be of concern, any increases in ozone exposure throughout the
year are important to assess. However, testimony submitted to
CASAC this past March notes that EPA's analysis likely
underestimates the potential for increases in ozone exposures
because the agency does not evaluate the effect of
NOX emission reductions on ozone levels throughout
the full year. Specifically, EPA's analysis of
epidemiologically-based short-term mortality and morbidity
risks fails to consider the likely increases in ozone levels
during the cooler months of the year when NOX
emissions are reduced. This March testimony reported that
such a full year-round analysis of the impact of
NOX emission reductions in urban Philadelphia
resulted in increases in total ozone exposures.
The EPA's analysis itself notes that wintertime increases
in ozone ``were significant in 11 out of the 15 areas''
evaluated when nationwide NOX emissions were cut
``almost in half,'' but fails to address how increases in
wintertime ozone levels from further NOX
reductions will affect the proposed health benefits of
meeting a lower ozone standard. Potential changes in
wintertime ozone levels also pose a problem for EPA's
assessment of mortality risks from long-term exposure to
ozone.
In light of these shortcomings in analysis, we ask that you
recommend that EPA conduct a full year-round analysis of the
effect of further NOX emission reductions on the
epidemiologically-based, short-term mortality and morbidity
health benefits front meeting a lower ozone standard. This
should be done in a manner that clearly distinguishes between
exposure changes projected for urban, suburban, and rural
portions of each of the Urban Study Areas. In addition, EPA
should provide a discussion of the limitations of projecting
future mortality risks from long-term exposure given that the
epidemiological study used did not account for potential
differences in wintertime ozone levels.
Finally, I understand that transcripts of your public
proceedings may not always be preserved for future public
access and review. If this is the case, I ask that you ensure
that CASAC preserve a full transcript or recording of the
telephone conference and related public deliberations for
future public access and review.
Thank you for your attention to this request.
Sincerely,
Michael C. Burgess, M.D.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield myself 1 minute.
Mr. Speaker, I include in the Record a letter that was sent by Representative Joe Barton, who was then the ranking member on the Energy and Commerce Committee, and myself, as the ranking member of the Oversight and Investigations Subcommittee, June 11, 2010, asking for the economic data that the EPA was supposed to provide regarding their proposed rule changes back in 2010.
House of Representatives,
Committee on Energy and Commerce,
Washington, DC, June 11, 2010.
Hon. Lisa Jackson,
Administrator, U.S. Environmental Protection Agency,
Washington, DC.
Dear Administrator Jackson: While the President has
repeatedly stated that job creation and economic growth are
his top priorities, in the environmental arena it appears the
Administration is allowing ideology to trump objective
science and sound public policy, and is issuing new rules
that will significantly impede economic development and
growth throughout the United States, In particular, we are
concerned that the Administration, through the Environmental
Protection Agency (EPA), is promulgating a whole host of
unworkable, multi-billion dollar environmental regulations
without fully considering all available scientific
information, and without regard to, the realistic compliance
costs, job impacts, or the ability of states, municipalities
and/or businesses to implement the new regulations.
In the past we have expressed very serious concerns about
the Administration's global warming regulations and EPA's
process for developing its endangerment finding, the agency's
highly expedited issuance of that finding, and the agency's
reliance on the scientific assessments of outside groups,
including the United Nations Intergovernmental Panel on
Climate Change (IPCC), without a
careful and critical examination of their conclusions and
findings. Further, we have significant concerns about the
potentially hundreds of billions of dollars or more in
compliance costs that are triggered by the finding, the over
6 million entities that may ultimately be subject to complex
new permitting requirements, potential enforcement actions,
fines and penalties, and threats of citizen suits and other
third-party litigation. EPA itself has acknowledged that the
stationary source permitting requirements triggered by the
endangerment finding are totally unworkable, and that it
would be administratively impossible for EPA and states to
administer those new requirements, or for employers and
businesses to comply.
We write today regarding another set of multi-billion
dollar regulations proposed by the Obama Administration which
also appear to be extraordinarily expensive and unworkable.
Specifically, in January 2010, EPA proposed new National
Ambient Air Quality Standards (NAAQS) for ground-level ozone,
the main component of smog. NAAQS ozone standards have been
revised a number of times over the past several decades,
including in 1997 when EPA set an 8-hour ``primary'' ozone
standard, as well as an identical ``secondary'' standard, to
a level of 0.08 parts per million (ppm), or effectively 0.084
ppm. While EPA significantly strengthened that standard in
2008 to a level of 0.075 ppm, in January 2010 this
Administration took the unprecedented step of setting aside
the 2008 standards, and proposing its own alternative
standards based on the prior administrative record and a
``provisional assessment,'' and without conducting a full
review of the currently available scientific and technical
information. EPA is now proposing a new primary ozone
standard within the range of 0.060-0.070 ppm, as well as a
distinct cumulative, seasonal secondary standard within the
range of 7-15 ppm-hours. EPA has also proposed an accelerated
implementation schedule.
We are very concerned about the proposed standards, not
only because there appear to be questions about the
development of the proposed standards, but also because EPA
estimates that the costs would range from $19 billion to $90
billion annually, or nearly a trillion dollars over ten
years. Moreover, it appears, based on EPA's own ozone maps
and estimates, that most counties in the country could
violate the standards, particularly if EPA chooses to set the
standard at the lower end of the proposed range. Further, it
also appears many areas of the country, including rural and
remote areas, could never be in attainment because the
standards are so low that they may exceed natural background
ozone levels, or ozone levels due to foreign emissions from
Asian or other sources.
We understand EPA plans to finalize the proposed ozone
standards by August 31, 2010. Before EPA finalizes such
standards, we believe your agency should provide the Congress
with fuller information about the EPA's process for
developing and proposing the new standards, the counties or
municipalities expected to be in violation, whether the new
standards can realistically be implemented by areas that have
higher ozone levels due to natural background ozone levels or
foreign emissions, and the potential restrictions that the
new standards will place on future economic growth and
development for non-attainment areas.
We request your responses to the following questions within
two weeks of the date of this letter:
1. Under Sections 108 and 109 of the Clean Air Act (CAA),
EPA is authorized to set NAAQS for certain criteria
pollutants, including ozone, and the Act sets out specific
procedures for revising those standards.
a. In proposing the new standards, why isn't EPA conducting
a full analysis of all available data, including more recent
data?
b. In proposing the standards, why isn't EPA following the
express procedures set forth in Section 109 of the CAA?
2. Under the Clinton Administration's 1997 ozone standards:
a. What types of measures have been required by state and
local governments to come into compliance with those
standards?
b. What were the estimated costs for compliance with the
1997 standards and how do those compare with estimated costs
for the proposed new standards?
c. What analysis, if any, did EPA conduct relating to the
potential impacts on employment of the 1997 standards?
d. What were EPA's projections with regard to attainment of
the 1997 standards, and approximately how many counties in
the United States have still not been able to come into
compliance?
e. What are the primary reasons for the inability of these
counties to come into compliance?
3. Under the Obama Administration's proposed ozone
standards, we understand that EPA projects, based on 2006-
2008 data, that of the 675 counties that currently monitor
ozone levels, 515 counties (76%) would violate a 0.070 ppm
standard, and 650 counties (96%) would violate a 0.060 ppm
standard.
a. Please identify the 515 counties that would violate a
0.070 ppm standard, and the expected time needed for
attainment.
b. Please identify the additional 135 counties that would
violate a 0.060 ppm standard, and the expected time needed
for attainment.
4. According to the attached map from EPA's Clean Air
Status Trends Network (CASTNET) 2008 Annual Report, it
appears many areas of the country that do not currently have
ozone monitors would also be likely to violate the new smog
standards, including in very rural and remote areas.
a. How many counties don't currently have ozone monitors?
b. Based on CASTNET data and any other data EPA may have
regarding ozone levels in non-monitored counties, how many
additional counties could be in violation of EPA's proposed
ozone standards if a monitor were present? Please identify
those counties using the CASTNET data and any other data
available, and the expected time needed for attainment.
c. Would there be areas with monitored air quality that
attain the proposed standards but that might nevertheless be
considered to be in ``nonattainment'' because they are in a
Consolidated Metropolitan Statistical Area (CMSA) in which
one monitor or more exceeds the proposed standards?
5. According to the EPA Fact Sheet for the Obama
Administration's proposed ozone standards, the implementation
costs range from $19 to $90 billion annually while EPA
projects the value of the health benefits would range from
$13 to $100 billion per year.
a. What are the primary studies EPA is relying upon in the
development of its health benefits estimates? What are the
major uncertainties in those studies that could affect the
estimates?
b. How many of the health-based studies included in the
criteria document for the proposed ozone standards were based
on statistically significant evidence compared to those
studies that were not?
c. How many of the new health-based studies included in the
provisional assessment for the proposed ozone standards were
based on statistically significant evidence compared to those
studies that were not?
d. Can EPA provide any assurances that the value of the
health benefits will outweigh the implementation costs?
6. Under the Obama Administration's proposed ozone
standards, what control requirements, including offsets,
transportation planning measure or other measures, may apply
to nonattainment areas?
a. It appears the proposed standards would create a
significant number of new nonattainment areas in the Western
United States. How would nonattainment in rural or remote
Western states and tribal lands be addressed?
b. In the event that an area fails to attain any new
standards by the applicable date, what would be the potential
consequences, including any sanctions or penalties?
c. What will happen to states or localities that cannot
come into compliance with the proposed standards because of a
lack of economically or technically feasible technology
necessary to attain compliance?
d. What will happen to states or localities that have
natural background ozone levels, and/or ozone levels due to
transport from outside the United States, that are currently
close to or exceed the new standards?
i. Will such areas be designated as being in nonattainment?
ii. Will EPA require states or localities to attain
standards lower than concentrations below the non-
controllable background levels?
7. Given, as EPA recognizes, that there would be many new
nonattainment areas, does EPA believe it is realistic to
require states to provide recommendations to EPA by January
7, 2011? Is it reasonable to require State Implementation
Plans by December 2013?
a. If EPA believes these deadlines are realistic, please
explain the basis for that conclusion.
8. Does EPA anticipate requiring separate planning
requirements for a seasonable secondary standard if one is
adopted as proposed? How does EPA plan to implement this type
of secondary standard?
9. Has EPA prepared any analyses of the potential
employment impacts of the proposed standards on specific
sectors of the economy, including the manufacturing and
construction sectors? If yes, please provide copies of such
analyses.
10. Has EPA prepared any analyses of the potential
relocation of production facilities outside the United States
as a result of implementation of the proposed standards? If
yes, please provide copies of such analyses.
11. Has EPA prepared any analyses of the potential impacts
of the proposed standards on small businesses? If yes, please
provide copies of such analyses.
If the EPA withholds any documents or information in
response to this letter, please provide a Vaughn Index or log
of the withheld items. The index should list the applicable
question number, a description of the withheld item
(including date of the item), the nature of the privilege or
legal basis for the withholding, and a legal citation for the
withholding claim.
Should you have any questions, please contact Minority
Committee staff.
Sincerely,
Joe Barton,
Ranking Member.
Michael Burgess,
Ranking Member, Subcommittee on Oversight and
Investigations.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield myself 1 minute.
Mr. Speaker, it is ironic that the gentleman would reference the cost of asthma inhalers. It was, after all, two Congresses ago where the Environmental Protection Agency actually outlawed the manufacture and sale of over-the-counter asthma inhalers and took them away from those of us who suffer from that disease. And, indeed, losing that over-the- counter option for an over-the-counter epinephrine inhaler for the treatment of asthma as a rescue inhaler, we have, indeed, seen the cost of prescription inhalers quadruple over that time frame.
So, in many ways, as an asthma patient, I hold the EPA directly responsible for my inability to get an inexpensive over-the-counter rescue inhaler. And for many asthma patients, who may find themselves caught short, that means a trip to the emergency room and, probably, a $1,200 or $1,500 event that otherwise could have been solved by a Primatene inhaler that sold two for $16.
Mr. Speaker, I reserve the balance of my time.
Will the gentleman yield?
The reason is because the manufacture of over-the- counter epinephrine inhalers has been prohibited by the EPA and the Food and Drug Administration.
Will the gentleman yield?
Number one, it is not germane, and it is more complicated now because the Food and Drug Administration has gotten involved in the process. I wish it were straightforward. It is something I continue to work on.
Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, today's rule provides for the consideration of an important piece of environmental legislation to protect the lives and health of all Americans while providing smart tools to the States to implement the EPA's standards.
I thank my fellow Texan, Pete Olson, for his work on this legislation, which I know affects his district in the Houston area as much as it does mine in the Dallas-Fort Worth region.
I encourage my colleagues to vote ``yes'' on today's rule and to support the underlying bill.
Mr. Speaker, I yield back the balance of my time, and I move the previous question on the resolution.