[Congressional Record Volume 155, Number 129 (Monday, September 14, 2009)]
[Senate]
[Pages S9328-S9330]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Ms. COLLINS (for herself, Mr. Cardin, Mr. Whitehouse, and Ms. 
        Landrieu):
  S. 1666. A bill to require the Administrator of the Environmental 
Protection Agency to satisfy certain conditions before issuing to 
producers of mid-level ethanol blends a waiver from certain 
requirements under the Clean Air Act, and for other purposes; to the 
Committee on Environment and Public Works.
  Ms. COLLINS. Mr. President, today along with Senators Cardin, 
Whitehouse, and Landrieu I am introducing legislation that requires the 
administrator of the Environmental Protection Agency to satisfy three 
conditions before granting a waiver from the Clean Air Act of 1970 to 
producers of mid-level blends of ethanol. These are fuels that contain 
more than ten percent ethanol that are destined for use in engines 
originally designed to work with just gasoline.
  While I believe that expanding our capacity to generate and use 
renewable energy is an important step toward becoming energy 
independent, I have serious concerns about the impact of ethanol on 
engines and fuel efficiency. Ethanol blends are more corrosive than 
gasoline and can cause failure in small and older engines, such as boat 
engines.
  The 2005 Energy Policy Act required that renewable fuels be 
introduced into our fuel supply to reduce our dependence on foreign 
oil. In 2007, that Renewable Fuel Standard was updated to require that 
by the year 2022 we introduce annually a minimum of 36 billion gallons 
of renewable fuel into our fuel supply.
  The first, easiest route to satisfying the renewable fuel mandate was 
through blending ethanol, chiefly derived from corn, into gasoline at a 
level of 10 percent by volume, resulting in a gasoline known as 
``E10.'' Due to its high oxygen content, this fuel requires a Clean Air 
Act waiver, which EPA first granted in 1978. Today, in many areas of 
the country, people only have E10 as a choice at the pump. This 
includes my constituents in Maine. While the most modern engines have 
been designed to work with E10, older engines have well-documented 
difficulties using this fuel. I am very concerned that they will have 
even greater problems using ethanol fuel blends with even higher levels 
of ethanol.
  E10 was introduced into Maine in 2008 and now it is the only fuel 
choice in the State. E10 has caused problems for some of my 
constituents. One topped off his gas tanks before heading to sea but, 
two miles out, the boat stopped. He later discovered that his tanks 
were topped off with E10 that destroyed his boat's fuel lines and 
caused fuel filters and carburetors to clog. He eventually had to tear 
up the boat deck and replace the fuel tanks at a cost of thousands of 
dollars.
  In March 2009, manufacturers of mid-level ethanol blends containing 
as much as 15 percent of ethanol by volume, termed E15, petitioned the 
Environmental Protection Agency, EPA, to also grant this new fuel a 
waiver from the Clean Air Act. Many organizations share my concern 
about this development and are demanding that the performance of E15 in 
the current fleet of engines be thoroughly investigated before the new 
fuel can be introduced into commerce.
  In June, 21 Senators wrote to the administrator of the EPA urging her 
to ensure that independent and comprehensive testing of any ethanol 
blend fuel with greater than 10 percent ethanol was completed prior to 
any waiver from current EPA guidance as required under the Clean Air 
Act. The response on July 20 was that a decision to grant a waiver for 
the new fuel rests entirely on the demonstration that the new fuel will 
not cause or contribute to the failure of vehicles or engines to meet 
emission standards. This is not adequate to alleviate my concerns about 
older and non-road engines.
  Thus, today I am introducing the Mid-Level Ethanol Blends bill. This 
bill requires that the EPA Science Advisory Board carefully evaluate 
the body of evidence presented about E15's performance in the current 
inventory of engines and report back to the Administrator before any 
waiver is granted. The report would indicate whether or not a 
sufficient body of evidence exists to support a decision to grant a 
waiver, which is hotly contested between supporters of E15 and those 
who caution against introducing the fuel into the market now. 
Automobile manufacturers who warranty their products to perform with 
E10 are justifiably concerned about whether they will be able to extend 
the warranty to users of E15 without putting themselves at significant 
economic risk. They will require significant testing of all engine and 
emission systems before accepting such risks.
  The Science Advisory Board also would report on the ability of the 
wholesale and retail gasoline fuel infrastructure to introduce an E15 
fuel into commerce without consumer confusion or misfueling. The 
Science Advisory Board also would estimate whether consumers throughout 
the country will be able to purchase gasoline other than E15 
immediately and for five years after the introduction of the new blend. 
This will provide the Administrator with information about potential 
difficulties faced by many millions of vehicle, boat, and small-engine 
devices, for example, lawnmowers, chainsaws, weed trimmers, 
snowmobiles, that have engines whose performance could be compromised 
were they unable to use any fuel other than E15.
  Once the Science Advisory Board report is released and the public has 
an opportunity to comment on the Board's findings, should the 
administrator decide to grant a waiver, this bill requires that the 
administrator formally respond to the recommendations of the Science 
Advisory Board in the waiver announcement. The administrator can only 
issue a waiver if the findings are that it will not adversely 
conventional gasoline-powered onroad and nonroad vehicles and nonroad 
engines in widespread use as of the date the new fuel is introduced.
  There are over 200 million engines in the U.S. today that could 
conceivably be damaged by the introduction of new fuel blends 
containing higher amounts of ethanol. Should this occur, it would 
result in significant hardship to millions of Americans. We simply 
cannot place so many people in jeopardy through precipitous actions. 
Any introduction of a new fuel must be done carefully with ample time 
for testing.
  As we pursue strategies to lessen our dependence on foreign oil, we 
must also take action to insure that ethanol fuel blends are safe and 
efficient for current engines. I urge my colleagues to join me, Senator 
Cardin, and the coalition of organizations endorsing this legislation, 
and ensure that the ramifications of introducing mid-level ethanol 
blends into commerce are thoroughly understood before they are granted 
a waiver from the Clear Air Act.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.

[[Page S9329]]

  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1666

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. INTRODUCTION OF HIGHER ETHANOL BLENDS INTO 
                   COMMERCE.

       (a) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Mid-level ethanol blend.--The term ``mid-level ethanol 
     blend'' means an ethanol-gasoline blend containing greater 
     than 10 percent ethanol by volume that is intended to be used 
     in any conventional gasoline-powered onroad or nonroad 
     vehicle or engine.
       (3) Widespread use.--The term ``widespread use'', with 
     respect to the use of a particular fuel, system, or component 
     in an onroad or nonroad vehicle or nonroad engine, has such 
     meaning as is given the term by the Administrator in 
     accordance with the determination of the Administrator under 
     section 202(a)(6) of the Clean Air Act (42 U.S.C. 
     7521(a)(6)).
       (b) Introduction of Higher Ethanol Blends Into Commerce.--
     Notwithstanding any other provision of law, the Administrator 
     may permit or authorize the introduction into commerce of a 
     mid-level ethanol blend for use in conventional gasoline-
     powered onroad and nonroad vehicles and nonroad engines only 
     if--
       (1) not later than 1 year after the date of enactment of 
     this Act, the Science Advisory Board of the Environmental 
     Protection Agency, after opportunity for public comment and 
     an analysis of available independent scientific evidence, 
     submits to the Administrator, and the Administrator provides 
     for notice and a public comment for a period of not less than 
     30 days on, a report that describes (and, with respect to the 
     matters described in subparagraph (A), provides 
     recommendations on mitigating)--
       (A)(i) the impact of the mid-level ethanol blend on engine 
     performance of conventional gasoline-powered onroad and 
     nonroad vehicles and nonroad engines;
       (ii) emissions from the use of the blend; and
       (iii) materials compatibility and consumer safety issues 
     associated with the use of those blends (including the 
     identification of insufficient data or information for some 
     or all of those vehicles and engines with respect to each of 
     issues described in this clause and clauses (i) and (ii));
       (B) the ability of wholesale and retail gasoline 
     distribution infrastructure, including bulk storage, retail 
     storage configurations, and retail equipment (including 
     certification of equipment compatibility by independent 
     organizations), to introduce the mid-level ethanol blend into 
     commerce without widespread intentional or unintentional 
     misfueling by consumers; and
       (C) the estimated ability of consumers, determined through 
     separate reviews of populations in rural areas and of areas 
     with populations greater than 50,000 individuals, to purchase 
     gasoline other than that mid-level ethanol blend--
       (i) in metropolitan areas having populations greater than 
     50,000 individuals throughout the United States; and
       (ii) in all areas of the United States, by the date that is 
     5 years after the mid-level ethanol blend is introduced into 
     commerce;
       (2)(A) the permit or authorization is granted through the 
     fuels and fuel additives waiver process under section 
     211(f)(4) of the Clean Air Act (42 U.S.C. 7545(f)(4)) after 
     the close of the public comment period on the report required 
     under paragraph (1); and
       (B) the Administrator formally responds to the 
     recommendations of the Science Advisory Board in the waiver 
     announcement; and
       (3) the mid-level ethanol blend is introduced into commerce 
     for general use in all conventional gasoline-powered onroad 
     and nonroad vehicles and nonroad engines in widespread use as 
     of the date on which the Administrator authorizes that 
     introduction.
                                 ______
                                 
      By Ms. COLLINS (for herself, Ms. Cantwell, Ms. Snowe, Mr. Kerry, 
        and Mrs. Gillibrand):
  S. 1667. A bill to provide for the development and coordinator of a 
comprehensive and integrated United States research program that 
assists the people of the United States and the world to understand 
past, assess present, and predict future human-induced and natural 
processes of abrupt climate change, and for other purposes; to the 
Committee on Commerce, Science, and Transportation.
  Ms. COLLINS. Mr. President, I rise today to offer a bill to authorize 
funding for abrupt climate change research. I am pleased to be joined 
on this bill by Senator Cantwell as lead cosponsor and by our 
colleagues, Senators Snowe, Kerry, and Gillibrand.
  Abrupt climate change is defined as a large-scale change in the 
climate system that takes place over a few decades or less, persists, 
or is anticipated to persist, for at least a few decades, and causes 
substantial disruptions in human and natural systems.
  Our bill authorizes $10 million per year for the next 6 years for a 
comprehensive and integrated competitive, peer-reviewed, research 
program at the National Oceanic and Atmospheric Administration to 
understand, assess, and predict abrupt climate change.
  Abrupt climate change is not necessarily a result of increased 
amounts of greenhouse gases in our atmosphere. It can be caused by 
natural phenomena, such massive volcanic eruptions, or natural climate 
variability.
  However it comes about, abrupt climate change can pose significant 
risks and challenges to our society. For us to uphold our 
responsibility as stewards of the Nation's environmental and economic 
security, it is crucial that we better understand abrupt climate change 
so that we can recognize it early and respond to it effectively.
  Understanding and predicting climate change are enormous scientific 
challenges. The challenges are made even more difficult with the 
recognition that the climate system is capable of dramatic and abrupt 
changes. Past global temperatures have swung as much as 20 degrees 
fahrenheit within a decade, accompanied by drought in some places and 
catastrophic floods in others. An abrupt climate change triggered by 
the ongoing buildup of greenhouse gases in the atmosphere would also 
likely result in the redistribution of atmospheric moisture and 
rainfall, with substantial impact on the world's food supplies. 
Unfortunately, we have no satisfactory understanding of what triggers 
abrupt climate changes.
  The National Academy of Sciences and the U.S. Climate Change Science 
Program have identified abrupt climate change as a key priority for 
additional research. The National Academy of Sciences stated that 
``Large, abrupt climate changes have repeatedly affected much or all of 
the Earth.'' Furthermore, the Academy went on to state that ``abrupt 
climate changes are not only possible but likely in the future, 
potentially with large impacts on ecosystems and societies,'' and noted 
that we're not doing nearly enough to identify the threat of abrupt 
climate change. The U.S. Climate Change Science Program last reported 
to the President and Congress on abrupt climate change in December 
2008. The overarching recommendation of this report is the urgent need 
for committed and sustained monitoring of components of the climate 
system particularly vulnerable to abrupt climate change. Our bill 
provides a framework and funds for the U.S. to better understand and 
address abrupt climate change.
  One reason this funding is so urgent is that we are rapidly losing 
one of the greatest sources of information: ice cores from glaciers. 
The University of Maine's Climate Change Institute has one of the best 
abrupt climate change research programs in the world. The Climate 
Change Institute uses ice cores from glaciers and ice sheets around the 
world to make discoveries that change the way we think about climate 
change. Unfortunately, numerous glaciers around the world are melting, 
and when they go, we lose the very record that has given us so much of 
this critical climatic history.
  I have had several opportunities to see how scientists are able to 
use glaciers and ice sheets to understand climate change. In 2006, I 
joined Senators McCain and Sununu in traveling to the South Pole to see 
groundbreaking research taking place on ice more than 2 miles deep. 
Along the way we toured some of the University of Maine research sites 
in New Zealand with distinguished Professor George Denton, who was the 
first scientist from the University of Maine to be elected to the 
National Academy of Sciences. According to Professor Denton, 50 percent 
of the glaciers in New Zealand have melted since 1860, and this melting 
is unprecedented in the last 5,000 years. We stood with the professor 
on sites that had been buried by massive glaciers at the beginning of 
the 20th century, but are now ice free.
  I also traveled with Senators McCain, Sununu, and others to Ny-
Alesund, the northernmost community in the world. The scientists we met 
with told us that the global climate is changing more rapidly now than 
at any time since the beginning of civilization. They further stated 
that the region of the globe changing most rapidly is the Arctic. The 
changes are remarkable and disturbing.

[[Page S9330]]

  In the last 30 years, the Arctic has lost sea-ice cover over an area 
10 times as large as the State of Maine. In the summer, the change is 
even more dramatic, with twice as much ice loss. The ice that remains 
is as much as 40 percent thinner than it was just a few decades ago. In 
Ny-Alesund, Senator McCain and I witnessed massive blocks of ice 
falling off glaciers that had already retreated well back from the 
shores where they once rested.
  The melting of glaciers and sea ice, the thawing of permafrost, and 
the increases in sea levels resulting from warming are already 
beginning to cause environmental, social, and economic changes. If 
these changes were to be compounded with an abrupt climate change on 
the scale seen in our climatic history, the result could be 
devastating.
  Mr. President, this measure has passed the Senate many times, as part 
of the 2001, 2003, and 2007 energy bills. I hope this is the year that 
we finally pass this important provision into law. I urge my colleagues 
to support this bill.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1667

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Abrupt Climate Change 
     Research Act of 2009''.

     SEC. 2. ABRUPT CLIMATE CHANGE DEFINED.

       In this Act, the term ``abrupt climate change'' means a 
     change in the climate that occurs so rapidly or unexpectedly 
     that human or natural systems have difficulty adapting to the 
     climate as changed.

     SEC. 3. ABRUPT CLIMATE CHANGE RESEARCH PROGRAM.

       (a) Establishment of Program.--The Secretary of Commerce 
     shall establish within the Office of Oceanic and Atmospheric 
     Research of the National Oceanic and Atmospheric 
     Administration, and carry out, a program of extramural 
     awards, made on a peer-reviewed and competitive basis, to 
     conduct scientific research on abrupt climate change.
       (b) Purposes of Program.--The purposes of the program 
     established under subsection (a) shall be as follows:
       (1) To develop a global array of terrestrial and 
     oceanographic indicators of paleoclimate in order to 
     sufficiently identify and describe past instances of abrupt 
     climate change.
       (2) To improve understanding of thresholds and 
     nonlinearities in geophysical systems related to the 
     mechanisms of abrupt climate change.
       (3) To incorporate such mechanisms into advanced 
     geophysical models of climate change.
       (4) To test the simulation of climate change by such models 
     against an improved global array of records of past abrupt 
     climate changes.

     SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

       (a) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary of Commerce for each of 
     fiscal years 2010 through 2016, $10,000,000 to carry out the 
     research program established under section 3(a).
       (b) Availability of Funds.--Amounts appropriated pursuant 
     to the authorization of appropriations in subsection (a) are 
     authorized to remain available until expended.

                          ____________________