[Congressional Record Volume 147, Number 18 (Thursday, February 8, 2001)]
[Senate]
[Pages S1213-S1215]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
ADMINISTRATION ACTS TO STALL ENVIRONMENT RULES
Mr. REID. Mr. President, there has been much talk by the President
and other members of the Administration about developing a
comprehensive energy strategy that will help avert national supply
shortages and protect the environment.
I hope we'll all work together on a balanced approach. That is a
laudable goal. However, it seems the Administration may already have
begun backpedaling or backsliding away from the bipartisan rhetoric and
the environmental gains that we've recently made.
One matter, in particular, bothers me. That is the subject of dirty
diesels and the recently issued EPA rules to clean up that source of
pollution.
I would like to put in the Record a copy of a letter that I have just
received from a broad coalition of groups that is concerned about the
fate of this rule. They fear that the rule and its benefits to the
public's health may be delayed or even withdrawn entirely. It's an
impressive group that the Administration should heed.
I understand that the Administrator is considering acting to delay
the implementation of the final rule to cut down on emissions from
heavy-duty diesel engines and reduce sulfur in diesel fuel. In addition
to the fact that this potential action and others already taken by
agencies to delay recently issued rules to protect the environment do
not appear to comply with the Administrative Procedures Act, it's just
plain bad policy.
On December 18, 2000, EPA promulgated a final rule that mandates a 97
percent reduction in the sulfur content of diesel fuel by September
2006, from
[[Page S1214]]
approximately 300 to 15 parts per million.
The rule also requires that diesel engines emissions get much
cleaner. They must reduce particulate matter and nitrogen oxide
emissions by 90 and 95 percent, respectively, from today's levels. As a
result, diesel vehicles will finally be on par with emissions from
gasoline vehicles.
The public health and environmental benefits from this rule will be
tremendous. Quantified benefits are expected to total $70.3 billion by
2030 when the new, cleaner fleet of vehicles is fully phased in. This
rule means fewer hospital admissions, probably less lung cancer, and
major reductions in other respiratory illnesses and premature deaths.
I don't begrudge the Administration time to review existing laws and
regulatory requirements. But, there is a legal and substantive process
to be followed, not a political one. This rule has already been through
that wringer and should not be further delayed.
Thus far, we have been willing to work with the President on his
nominees and have not delayed their confirmations unduly. Now it is
time for the Administration to reciprocate. Administration actions to
delay rules with major public health and environmental benefits will
pollute that atmosphere of good will.
Mr. President, I ask consent that the letter be printed in the
Record.
There being no objection, the letter was ordered to be printed in the
Record, as follows:
February 8, 2001.
Hon. Christine Todd Whitman,
Administrator, Environmental Protection Agency, Washington,
DC.
Dear Administrator Whitman: We, the undersigned, represent
an unusually diverse coalition of groups united in our strong
support of the U.S. Environmental Protection Agency's
December 21, 2000 final rulemaking that sets onroad heavy-
duty diesel emission and fuel standards. Together, we write
to you today to urge that this extremely important regulation
be upheld, intact.
The rulemaking process that produced this regulation was
not only extensive, it was thoughtful and inclusive. We are
very pleased that the result is a comprehensive program that
most responsibly takes full advantage of the opportunity to
reduce a wide variety of diesel emissions by applying a
systems approach that sets aggressive engine standards and,
necessarily, a commensurately low cap on sulfur in diesel
fuel. The framework established under this rule which
includes a particulate matter standard of 0.01 grams per
brake horsepower-hour (g/bhp-hr) to take full effect in 2007,
a nitrogen oxide standard of 0.20 g/bhp-hr to be phased in
between 2007 and 2010 and a national cap on sulfur in diesel
fuel of 15 parts per million, to take effect June 1, 2006
represents a critical and delicate balance that will help
enable the successful achievement of a 90-percent reduction
in particulate matter emissions, a 95-percent reduction in
nitrogen oxide emissions and a 97-percent reduction in levels
of sulfur in highway diesel fuel. These reductions will
translate into enormous public health and environmental
benefits all across the nation.
We are proud to have contributed to the open process that
led to this landmark rule and equally proud, and supportive,
of the result. Each of us now looks forward to doing our
respective part to implement the important programs that have
been established, so that our nation can begin to reap the
benefits on schedule. To this end, we urge you not to allow
this rule to be delayed or, in any way, compromised. Rather,
we look to you to ensure that the rule will be upheld,
intact. In addition, we request an opportunity to meet with
you at your earliest convenience to discuss the vital
importance of this rule to our respective organizations.
Sincerely,
Alliance of Automobile Manufacturers; American Lung
Association; Association of International Automobile
Manufacturers; Association of Local Air Pollution
Control Officials; California Trucking Association;
Clean Air Network; International Truck and Engine
Corporation; Manufacturers of Emission Controls
Association; Natural Resources Defense Council;
Northeast States for Coordinated Air Use Management;
Sierra Club; State and Territorial Air Pollution
Program Administrators; U.S. Public Interest Research
Group; and Union of Concerned Scientists.
Mr. LIEBERMAN. Mr. President, I rise to express my concern regarding
the possibility that the Bush administration will delay the effective
date of the U.S. Environmental Protection Agency's December 21, 2000
final rulemaking that sets onroad heavy-duty diesel emission and fuel
standards--also known as the diesel/sulfur rule.
This rule, the result of years of work and negotiations, would
provide essential protections for the public health and the environment
by drastically reducing emissions from diesel engines. It is sorely
needed. Heavy-duty vehicles are significant contributors to elevated
levels of ozone, fine particulate matter, and the primary emissions of
several key toxic air pollutants, particularly in the Northeast.
Together, highway and non-road heavy-duty engines are responsible for
roughly 33 percent of all nitrogen oxide emissions, 75 percent of motor
vehicle related PM, and 60 percent of aldehyde emissions in the
northeast corridor. In addition to fouling our air, diesel exhaust has
also been classified as a probable human carcinogen by the National
Institute for Occupational Safety and Health (NIOSH), the International
Agency for Research of Cancer and the US EPA.
This rule will greatly reduce the health and environmental risks
resulting from these pollutants, with a projected 90-percent reduction
in particulate matter emissions, a 95-percent reduction in nitrogen
oxide emissions and a 97-percent reduction in levels of sulfur in
highway diesel fuel. In particular, the rule would bring badly needed
relief to my home state of Connecticut, and to the Northeast in
general, which need to drastically reduce both nitrogen oxides and
volatile organic compounds in order to fulfill the requirements of
their state implementation plans.
In light of the environmental and health benefits of the rule, I
would be troubled if the administration were to consider modifying the
rule without providing the essential due process and thoughtful
consideration required by the Administrative Procedure Act. The
effective date of a rule is an integral part of the rule, and the
Administration must not cut corners when considering changing that
date. Legal requirements aside, I think it is critical for the
Administration to consider the voices of the public--whose health and
environment are at stake with this rule-making as well as the affected
industry before changing the effective date or instituting any other
changes to the rule.
In that vein, Mr. President, I ask unanimous consent to submit the
attached letter to be printed in the Record, signed by a broad
coalition of industry, public interest groups, and regulators, which
calls upon US EPA Administrator to implement the diesel/sulfur rule
without delay or alteration.
There being no objection, the letter was ordered to be printed in the
Record, as follows:
February 8, 2001.
Hon. Christine Todd Whitman,
Administrator, U.S. Environmental Protection Agency,
Washington, DC.
Dear Administrator Whitman: We, the undersigned, represent
an unusually diverse coalition of groups united in our strong
support of the U.S. Environmental Protection Agency's
December 21, 2000 final rulemaking that sets onroad heavy-
duty diesel emission and fuel standards. Together, we write
to you today to urge that this extremely important regulation
be upheld, intact.
The rulemaking process that produced this regulation was
not only extensive, it was thoughtful and inclusive. We are
very pleased that the result is a comprehensive program that
most responsibly takes full advantage of the opportunity to
reduce a wide variety of diesel emissions by applying a
systems approach that sets aggressive engine standards and,
necessarily, a commensurately low cap on sulfur in diesel
fuel. The framework established under this rule--which
includes a particulate matter standard of 0.01 grams per
brake horsepower-hour (g/bhp-hr) to take full effect in 2007,
a nitrogen oxide standard of 0.20 g/bhp-hr to be phased in
between 2007 and 2010 and a national cap on sulfur in diesel
fuel of 15 parts per million, to take effect June 1, 2006--
represents a critical and delicate balance that will help
enable the successful achievement of a 90-percent reduction
in particulate matter emissions, a 95-percent reduction in
nitrogen oxide emissions and a 97-percent reduction in levels
of sulfur in highway diesel fuel. These reductions will
translate into enormous public health and environmental
benefits all across the nation.
We are proud to have contributed to the open process that
led to this landmark rule and equally proud, and supportive,
of the result. Each of us now looks forward to doing our
respective part to implement the important programs that have
been established, so that our nation can begin to reap the
benefits on schedule. To this end, we urge you not to allow
this rule to be delayed or, in any way, compromised. Rather,
we look to you to ensure that the rule will be upheld,
intact. In addition, we request an opportunity to meet with
you at your earliest convenience
[[Page S1215]]
to discuss the vital importance of this rule to our
respective organizations.
Sincerely,
Alliance of Automobile Manufacturers; American Lung
Association; Association of International Automobile
Manufacturers; Association of Local Air Pollution
Control Officials; California Trucking Association;
Clean Air Network; International Truck and Engine
Corporation; Manufacturers of Emission Controls
Association; Natural Resources Defense Council;
Northeast States for Coordinated Air Use Management;
Sierra Club; State and Territorial Air Pollution
Program Administrators; U.S. Public Interest Research
Group; and Union of Concerned Scientists.
____________________