[Congressional Record Volume 142, Number 110 (Wednesday, July 24, 1996)]
[House]
[Page H8372]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




SUPPORT H.R. 3849, LEGISLATION AMENDING THE CLEAN AIR ACT AMENDMENTS OF 
                                  1990

  (Mr. BURR asked and was given permission to address the House for 1 
minute and to revise and extend his remarks and include extraneous 
material.)
  Mr. BURR. Mr. Speaker, sometimes the Federal Government makes a 
mistake. The test of truly effective government is how quickly an 
institution can correct those errors. Today I stand here on the House 
floor to remedy such a mistake.
  In 1990 the EPA listed a chemical called ethylene glycol monobutyl 
ether, or EGBE, on its hazardous air pollutants list under the Clean 
Air Act amendments. This chemical is considered not harmful to the 
stratosphere and according to scientific studies does not harm the 
environment. This is in fact a case of mistaken identity.
  Although the listing of chemicals seems like an insignificant 
blunder, the incorrect listing of this material has far-reaching 
effects. The mislabeling of this chemical has the potential to cost the 
can manufacturing industry hundreds of millions of dollars and 
threatens jobs across the country. In my district alone over 450 
citizens hold jobs in the can industry.
  Last week I and 22 of my colleagues introduced a commonsense piece of 
legislation that will remedy this situation. I urge my colleagues to 
support H.R. 3849.
  Mr. Speaker, I have introduced legislation, with 22 bipartisan 
colleagues, that would remedy a regulatory situation that I believe 
mistakenly identifies and regulates a chemical used in the can 
manufacturing process as hazardous. The mislabeling of this chemical 
seems technical on its face, but this technicality has the potential to 
cost the can manufacturing industry hundreds of millions of dollars and 
threatens the job of can workers. It is up to Congress to take 
corrective action.
  The chemical (ethylene glycol monobutyl ether--EGBE) is listed on the 
EPA's list of Hazardous Air Pollutants[HAP's] as established under the 
Clean Air Act amendments of 1990. While most chemicals are listed 
separately, Congress created a situation in which whole families of 
some chemicals are listed as pollutants under a ``unique chemical 
substances'' category, even when certain members of the families are 
not hazardous when used in a specific manufacturing process. This is 
the case with EGBE when used as a can coating.
  I am not arguing that we should back away from our regulation of 
known hazardous air pollutants. Those elements are, and should continue 
to be, regulated under HAP's. EGBE, however, is not a hazardous air 
pollutant. It was included on the HAP's list because it belongs to a 
large family of widely-varying ``unique chemical substances'' known as 
glycol ethers. This legislation simply stipulates that the glycol ether 
category does not include EGBE when used as part of the can 
manufacturing process.
  As you are aware, Mr. Speaker, inclusion on the EPA's list of HAPs 
triggers a series of regulations often requiring the installation of 
expensive emissions control equipment. That is the case with the 
listing of EGBE as a hazardous air pollutant. Unless corrected, this 
listing will force the installation of emissions control equipment at 
each can manufacturing facility, at a cost of compliance estimated to 
be about $4 million per plant. Nationally, the cost may reach a quarter 
of billion dollars for all plants to comply. That financial burden will 
likely mean an increase in the cost of cans, lower productivity, an 
international trade disadvantage, and most importantly, potential job 
losses for the thousands of workers in these plants.
  I am proud to represent the 467 employees at the American National 
Can Co. beverage can plant in Winston-Salem and the Reynolds Metals Co. 
beverage can plant in Reidsville. That may not sound like a large 
number of workers to many of you, but they are important to me and to 
the economic vitality of my district. And I am not alone in this body. 
There are can manufacturing facilities in 34 States and in more than 
180 districts across the Nation. These are some 45,000 highly paid, 
skilled workers in these plants. They should not be placed at risk of 
job loss because of what I believe is a technical error Congress helped 
to create and Congress must correct.
  We need to protect the environment. We will continue to do so. 
Substances that are legitimately classified as hazardous air pollutants 
will continue to be regulated by their listing as a Hazardous Air 
Pollutant under the Clean Air Act amendments of 1990. When we find, 
however, that broad policy decisions result in specific regulatory 
mistakes, then we should fix what we broke. That is precisely what this 
legislation does.
  There is overwhelming scientific evidence that EGBE should not be 
considered a hazardous air pollutant when used in the can manufacturing 
process. The Evironmental Protection Agency itself has consistently 
told the industry that they believe the can industry's use of EGBE is 
not harmful to the stratosphere and does not harm the environment. The 
EPA, however, does not have a process for delisting a single 
circumstance like this under the Clean Air Act amendments. They have 
worked with the industry, but may not be able to remedy this situation 
administratively. Delisting must, therefore, be achieved through the 
legislative process.
  By approving this legislation, we can help maintain the vitality of 
the industry and save jobs without jeopardizing the integrity of our 
environmental laws. I urge my colleagues to join me in making this 
correction to the clean air amendments of 1990.

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