[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public's health may be delayed or even withdrawn entirely.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.

                          ____________________