Agriculture Reform, Food, And Jobs Act Of 2012
Madam President, it is one thing to say things and it is another to say things that are true. Let us review some of the things that have been said on the floor of the Senate today in the context of this discussion. One of my colleagues…
Madam President, it is one thing to say things and it is another to say things that are true. Let us review some of the things that have been said on the floor of the Senate today in the context of this discussion.
One of my colleagues said that this rule, which will for the first time require our powerplants to meet mercury emission standards that other industries have had to meet, and have successfully met for years, is now coming on, to use his words, ``too far and too fast.''
The Clean Air Act was passed 30 years ago and, specific to this, in the year 2000 EPA began the process that has culminated in this rule determining that it would be appropriate and necessary to have a rule on this kind of hazardous air pollution being emitted by powerplants. Here we are in 2012 and we are being told that it is too fast that utilities are obliged to comply with a program that was first announced as appropriate and necessary in the year 2000. It would seem to me that a dozen years' notice is enough, particularly where other industries have already met these standards.
On that note, the same colleague said that compliance with these standards is ``nearly impossible.'' It is obviously not nearly impossible if other industries have already complied with the standard with which the electric utility industry is being asked to comply. More specifically, this rule sets the mark at a level where the highest performing 12 percent of emitters already are. They are already there. So it is not a question of compliance being nearly impossible. Compliance is actually already achieved by the good-behaving and responsible utilities that have put the technology to work to clean up their exhausts.
I have a letter that I ask unanimous consent to have printed in the Record at the conclusion of my remarks.
In this letter, 16 of my colleagues, led by myself and the distinguished Chair of the Environment and Public Works Committee, Barbara Boxer, wrote to the President supporting this rule. We described, for one thing, a utility called Constellation, which has invested to add environmental controls and a new scrubber to its Brandon Shores facility in Maryland, cutting mercury emissions by 90 percent. Also, in addition, it created 1,385 jobs at peak construction, not counting the many more jobs manufacturing those clean air technologies. So this is not ``nearly impossible,'' this is being done regularly.
The other remark that was made by this colleague is that the country does not support EPA on this. To the contrary, actually, public health groups and officials across the country support this: the Academy of Pediatrics, the Association of Respiratory Care, the Heart Association, the Lung Association, the American Nurses Association, the Public Health Association, the March of Dimes--it is a considerable number of public health supporters.
If you want to go beyond the public health community, it is interesting to note that the faith community is very actively supporting our position, everything from the Evangelical Environmental Network to the Evangelical Lutheran Church in America, to the General Baptist Convention of Texas, to the National Council of Churches USA, to the Jewish Council on Public Affairs, to the U.S. Conference of Catholic Bishops, and the United Methodist Church. To say that America does not support the EPA I think is to take a very constricted view of America. Perhaps the occupants of the electric utility boardrooms in America would be more precise.
Some of the folks who support this, interestingly, are not just health groups, but they are the electric utilities themselves. Half of the fossil fuel electric generation in the country is controlled by electric utilities that support the EPA rule. Let me read some examples from this same letter.
The chairman, president and CEO of Wisconsin Energy said, ``We really see very little impact on customer electric rates or our capital plan between now and 2015 as a result of all the new EPA regulations that have been proposed . . . . '' Very little impact.
The Senior Vice President of Energy Policy at Seminole Electric Cooperative indicated, ``If the EPA adopts a mercury role as currently proposed, Seminole would already be meeting that standard.'' So much for it being almost impossible.
Duke Energy's CEO noted, ``I think 3 years is doable,'' not too fast, doable as a compliance timeline. And the CEO of PSEG stated, ``We are also well-positioned to meet the anticipated requirements under EPA's . . . regulation.'' ``We believe these regulations are long overdue.'' Not coming too fast, ``long overdue.''
``Our experience shows that it is possible to clean the air, create jobs and power the economy, all at the same time.''
Another one of my colleagues said that higher electric bills should be measured, on the one hand, against the negligible benefits on the other hand. That was a theme that a number of colleagues adopted.
Another one said this was all costs, no benefits.
A third said this bill fails to find the proper balance between cost and benefit. And a fourth said this rule would be ``hammering our economy, in effect a tax increase.''
What are the facts? The facts are that although the rule will cost $9.6 billion to implement, because there is better health, because there are beneficial effects of not polluting our country with all of these dangerous chemicals, the benefits are between $37 and $90 billion; $9 billion in costs, $37 to $90 billion every year in savings, in benefit to our economy. On the whole, this is a huge economic win for the country. The only place where it is a problem is, again, in the boardrooms of the electric utility companies that have not been good citizens, that have not put the scrubbers on, that are trailing the rest of the industry and do not want to be forced to catch up to where other industries, and half of their industry, now is.
If you want to move off, as Senator Lautenberg so movingly did, the accounting of this $9 billion in cost versus $37 billion to $90 billion in benefits, there are the 11,000 lives that will be saved every year. You cannot put a price on a human life. This will save them.
The last point is that the distinguished ranking member of the Environment and Public Works Committee described a relentless war, and what he was referring to is an imagined war by the Obama administration against the
coal industry. I think if there is a relentless war out here, and I am speaking now as a Senator from Rhode Island, it is a relentless war of these polluting coal plants against the northeastern States in particular, my State in particular, that carries the burden of all the fallout of that exhaust and that pollution that they do not bother to treat at the source so it lands in our State.
I ask unanimous consent to have printed in the Record at the conclusion of my remarks the resolution in support of the EPA mercury and air toxic standards for powerplants that was adopted by the U.S. Conference of Mayors.
I will not read the whole thing. Let's just read the concluding paragraph:
Now, therefore, be it resolved that the U.S. Conference of
Mayors strongly supports the EPA's issued Mercury and Air
Toxics Standards for Power Plants.
There were no Federal standards for mercury until now for our powerplants. You would think we should have done this by now but--yes, we should have done it by now but at least we are here. At least we will achieve the benefits of $1 in cost for $3 to $9 in savings and in benefits to Americans. We should be celebrating this sensible and yet significant public health achievement.
Instead, we are engaged in a debate that I think is confounded, on their side--their arguments are confounded by the actual facts.
The benefits are staggering, in addition to the 11,000 lives saved, 4,700 fewer heart attacks, 130,000 fewer cases of children suffering asthma attacks, 5,700 fewer emergency visits each year.
Let me close by mentioning one specific. Mercury is a neurotoxin. The reason that people use the phrase ``mad as a hatter'' is because hatters, making hats, used mercury and mercury poisoned them, made them mad, affected their brains. It is a neurotoxin.
That affects Rhode Island quite considerably. First of all, we are a State that is downwind. Every Rhode Islander has heard, as we drive into work on a bright summer weekday morning, the radio warning: Today is a bad air day in Rhode Island; children, people with breathing difficulties, seniors should stay indoors today in their air conditioning.
It is a beautiful day. People have a right to be out of doors on a beautiful day. They should be celebrating, playing, picnics, going to the beach. But, no, stay indoors because there is ozone pollution settling on us from the powerplants.
In addition, the mercury comes in and that creates a different set of harms in Rhode Island. One harm is that small children should not eat any freshwater fish in Rhode Island, according to our health department. Here is a wonderful Norman Rockwell picture, sort of an emblematic American scene, grandfather is taking his grandson fishing. The excitement as the fish comes up out of the pond--that image in Rhode Island is shattered by the fact that this small child would not be allowed to eat any freshwater fish that he caught with his grandfather because of this mercury pollution that has bombarded us by these out-of-State powerplants that did not clean up their act.
Furthermore, no one in Rhode Island should eat more than one serving of freshwater fish caught in our State each month, so if the grandfather caught two fish, he could eat one, for a month, but he should not eat the other because of the health effects of the mercury that has piled up in the bodies of the fish.
There are some bodies of water that seem to be more in the gunsights of these polluting dirty Midwestern powerplants than others for reasons that nobody can explain. But Quidnick Reservoir, Wincheck Pond, and Yawgoog Pond in Rhode Island--no one should ever eat any of the fish caught in those three bodies of water because of the mercury poisoning. So when we talk about every dollar a utility will spend to clean up its pollution being offset by $3 to $9 in benefits, that figure doesn't take into account these intangible benefits. It doesn't take into account the intangible benefit of being able to enjoy the emblematic American pastime of taking your grandson or going with your grandfather to go fishing in a pond, to be able to catch something, bring it home, fry it up, and have it for supper. The utility polluters get to wreck that for free in this equation, but we should not forget it in this Chamber.
There are many aspects of the American way of life that should not yield to the bottom line of those polluters that are not willing to meet the same rules that so many of their colleagues already do and that so many industries already do.
Exhibit 1
U.S. Senate,
Washington, DC,
December 16, 2011.
The President,
The White House,
Washington, DC.
Dear Mr. President: Respectfully, we urge the
Administration to finalize the Utility Air Toxics Rule as
scheduled on December 16, 2011, and to adhere to the
compliance schedule set forth in Section 112 of the Clean Air
Act. Our nation has waited far too long for a federal limit
on mercury and other hazardous air pollution emitted by power
plants.
The electric utility industry has been on notice for a
decade that the EPA intended to limit its hazardous air
pollution. In 2000, the EPA determined it was ``appropriate
and necessary'' to set hazardous air pollution standards for
power plants, based on the serious health effects of this
pollution. Power plants are the biggest emitters of mercury,
a neurotoxin that can stunt cognitive development in children
and infants. Power plants are also significant emitters of
toxic metals--for instance, they emit 62% of all such arsenic
pollution in the air we breathe--and acid gases such as
hydrochloric acid which can cause respiratory tract ailments
and fluid buildup in the lungs. The rule is expected to save
up to 17,000 lives per year by cutting this pollution.
Plants in 17 states have begun to control for mercury
pollution. These projects protect public health, and
demonstrate that updating our energy infrastructure triggers
investment in new technologies and the creation of tens of
thousands of jobs. Consider: Constellation invested $885
million to add environmental controls and a new scrubber to
its Brandon Shores facility in Maryland, cutting mercury
emissions by 90 percent. This investment created 1,385 jobs
at peak construction, and many more jobs manufacturing the
clean air technologies; PSEG retrofitted two of its coal
facilities and installed scrubbers, creating 1,600
construction-related jobs over two years, and 24 permanent
jobs; and AEP retrofitted one of its coal facilities and
created more than 1,000 construction-related jobs building a
scrubber, and 40 permanent jobs in operations.
AEP CEO Michael Morris said this year that when a utility
retrofits a plant to comply with the Clean Air Act, ``jobs
are created in the process--no question about that.'' Good
environmental policy is good economic policy, as the jobs
numbers--and the United States' $11 billion trade surplus in
environmental technologies--demonstrate.
Most electric utilities in this country are ready for this
rule. Indeed, operators of half of the fossil fuel electric
generation in this country have gone on record on this point.
For instance:
The Chair, President and CEO of Wisconsin Energy noted
that, ``We really see very little impact on customer electric
rates or our capital plan between now and 2015 as a result of
all the new EPA regulations that have been proposed. . . .''
The Senior Vice President of Energy Policy at Seminole
Electric Cooperative, Inc., indicated that ``If the EPA
adopts a mercury rule as currently proposed, Seminole would
already be meeting the standard.''
Duke Energy's CEO noted that ``I think three years is
doable'' as a compliance timeline for the Utility Air Toxics
Rule.
The CEO of PSEG stated that, ``We are also well-positioned
to meet the anticipated requirements under EPA's HAPs/MACT
regulation, which is scheduled to be issued on December 16.
We believe these regulations are long overdue. Our experience
shows that it is possible to clean the air, create jobs and
power the economy, all at the same time.''
Some utilities, however, are arguing that this rule will
compromise their ability to provide reliable service. We do
not believe the facts support this argument. Earlier this
month, your Department of Energy released a report finding
that even under the most conservative assumptions, utilities
could comply with both the Transport Rule and the Utility Air
Toxics Rule while providing adequate electric power in each
region of the country.
Meanwhile, new generation capacity is being built. Over the
next four years, utilities are constructing nearly 78 GW of
new capacity, including about 38 GW of natural gas. Natural
gas prices are dropping rapidly, driving both the
construction of new gas-fired plants and the utilization of
existing gas capacity. These gas plants are starting to out-
compete inefficient coal units on price alone, separate and
apart from any Clean Air Act rules.
If localized reliability issues emerge, or if a unit needs
more time to comply with the Utility Air Toxics Rule, current
law and long-standing practice provide off-ramps on a case-
by-case basis. Upon request, EPA and
the states may grant a unit a fourth year to comply. If the
unit needs more time to install controls, or if it plans to
retire but needs to stay online to ensure reliability, EPA
may enter into legally binding agreements with the utility to
provide that necessary time.
Given that so many utilities are well-positioned to comply
with the Utility Air Toxics Rule, and the flexibility
afforded particular units, there is no reason for an across-
the-board delay of this important public health measure. We
applaud the work that EPA has undertaken to limit dangerous
air pollution from power plants, and urge the
Administration's approval of a final rule to be in place by
December 16, 2011.
Sincerely,
Sheldon Whitehouse.
Patrick J. Leahy.
Joseph I. Lieberman.
Patty Murray.
Frank R. Lautenberg.
Benjamin L. Cardin.
Jeanne Shaheen.
Kirsten E. Gillibrand.
Barbara Boxer.
John F. Kerry.
Daniel K. Akaka.
Maria Cantwell.
Robert Menendez.
Bernard Sanders.
Jeff Merkley.
Richard Blumenthal.
I yield the floor. I suggest the absence of a quorum