[Congressional Record Volume 165, Number 36 (Wednesday, February 27, 2019)]
[Senate]
[Pages S1552-S1553]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                      NOMINATION OF ANDREW WHEELER

  Mr. President, I rise this evening to continue to share with my 
colleagues the concerns I have about the nomination of Andrew Wheeler 
to be the Administrator of the Environmental Protection Agency.
  I want to talk for a couple of minutes about an issue that is 
important for all Americans, and that is reducing mercury and air toxic 
pollution that affect the health especially of our children.
  As a number of our colleagues know, reducing mercury and air toxic 
pollution from our Nation's powerplants is something of a passion for 
me, and I know it is for some of my colleagues, too, Democrats and 
Republicans. In my home State of Delaware, for example, we have made 
great strides in cleaning up our own air pollution. Unfortunately, a 
number of the upwind States to the west of us have not made the same 
commitment.
  When I was the Governor of Delaware, I used to say I could have 
literally shut down Delaware's economy--I could have taken cars, 
trucks, and vans off of highways and shut down every business--and we 
still would have been out of compliance for air quality because of the 
pollution from other States. That is because over 90 percent of 
Delaware's air pollution comes from our neighboring States--over 90 
percent.
  This air pollution is not only dangerous to our hearts, to our lungs, 
and to our brains, but it also costs a great deal in doctor and 
hospital bills and in our quality of life. It makes healthcare costs in 
Delaware more expensive than in other places where they get cheap 
electricity. We ended up having to clean up our emissions. We have more 
expensive electricity and higher healthcare bills. It is just not fair.
  Delaware has depended on the EPA to ensure our neighbors do their 
fair share so that we can protect our citizens in the First State. Just 
recently, Delaware petitioned the EPA under something called section 
126 of the Clean Air Act, which requires upwind powerplants that are 
located in other States to turn on and fully operate their installed 
pollution technology. I will say that again--to use their installed 
pollution technology. They are not to turn it off but to leave it on.
  Unfortunately, Mr. Wheeler ignored the health of Delawareans. The 
people of Maryland had the same concern, and the people of Connecticut 
had the same concern. He rejected all of our petitions. Talk about the 
Golden Rule. How is that consistent with the Golden Rule of treating 
other people the way you want to be treated? It flies in the face of 
it. We thought it was unforgivable.
  Some of the air pollution that crosses our border is toxic. It is 
coming into our State as a silent killer. It wasn't too long ago that 
uncontrolled fossil fuel powerplants were the largest source of 
unregulated mercury and air toxics in the country--coal-fired 
powerplants.
  For those who may not know, mercury and other toxics, such as lead, 
arsenic, benzene, and acid gases, that are emitted by uncontrolled 
coal-fired powerplants get into our airways, our waterways, and our 
seafood. As we breathe and ingest these air toxics, they build up in 
our bodies and cause cancer, respiratory illness, mental impairment, 
and even death.
  Mercury pollution is especially dangerous for unborn children, who 
can suffer long-lasting neurological damage if they are exposed during 
their development at very early ages--even before they are born. The 
American Academy of Pediatrics has stated there is no safe level of 
mercury exposure for children--none.
  Almost two decades ago, Senator Alexander and I led legislation that 
required utilities to reduce mercury emissions by 90 percent. At the 
time, most utilities told us that it could not be done or that it would 
be too expensive to achieve.
  In 2012, which was a few years later, the EPA implemented something 
called the mercury and air toxics standards--we call it MATS--which 
also required utilities to reduce their mercury emissions by 90 percent 
and other air toxic emissions by half.
  Just as with the bill introduced by Senator Alexander and me about a 
decade ago, many utilities claimed they could not meet those standards 
to reduce mercury and other air toxics. They predicted consumer rate 
spikes. They predicted mass powerplant closures. They predicted 
brownouts. They predicted blackouts. Luckily, those predictions were 
dead wrong. Under the 2012 MATS rule, the EPA determined it was 
appropriate and necessary to regulate air toxic plant emissions, like 
mercury, lead, arsenic, acid gases, and benzene, because of the health 
hazards of these pollutants. Today, believe it or

[[Page S1553]]

not, 7 years later, every utility is now in compliance with the mercury 
and air toxics rule--every one.
  Powerplant mercury emissions are down by over 80 percent from just 7 
years ago.
  Compliance with MATS was done faster than predicted and for one-third 
the cost. Imagine that, faster than predicted, for one-third the cost, 
and we have gotten better results than we could hope for as well.
  Let me go on. Consumer retail prices are lower today than they were 
before MATS was implemented. We are also seeing health benefits, as I 
said, occur faster than expected originally, and despite some of the 
original opposition, everyone now has embraced MATS. Isn't that 
amazing?
  All these utilities and folks who opposed what Senator Alexander and 
I were trying to do a decade ago, what the MATS rule that up to 12 
years ago was trying to do--all the folks who were opposed to it then 
say: No, this is good. It didn't cost as much. We implemented it much 
faster than we had ever expected--better results than we had expected. 
So it is pretty amazing, a wonderful outcome--except over the December 
holiday break 2 months ago, for reasons unknown to me, Acting EPA 
Administrator Andrew Wheeler signed a proposal to remove the legal 
underpinnings of the mercury and air toxics standards, remove the legal 
underpinnings of the MATS rule.
  Mr. Wheeler says this action was not intended to get rid of the rule. 
He says it was necessary and that the proposal strikes a balance. 
Everyone--everyone--industry, environmental groups, health groups--
knows that is just not so. It is just not so.
  No court has ordered this action, no utilities are asking for this 
action, and this proposal is not intended to protect public health.
  Here is what EPA has done. In the proposal, EPA mimics flawed 
arguments used in a recent Murray Energy lawsuit against the MATS rule.
  Like the lawsuit, EPA uses outdated data and deems that some 
benefits--like reductions in cancer, reductions in birth defects, 
reduction in asthma attacks--are no longer important and shouldn't even 
be considered.
  Think about that. Think about that. Based on this information, EPA 
determined it is no longer appropriate and necessary for the Agency to 
regulate powerplant air toxic emissions--no longer appropriate and 
necessary to regulate mercury, to regulate lead, arsenic, acid gases, 
benzene pollution from powerplants. Imagine that.
  Yet the Agency also proposes to keep the MATS rule which regulates 
powerplant air toxic emissions in place, even though it is 
simultaneously saying that the rule is not appropriate and necessary. 
This confusing conclusion opens the door for future lawsuits to vacate 
the MATS rule entirely.
  That is our concern--not just my concern but a broadly held concern. 
By undermining the legal foundation of MATS, this proposal 
unnecessarily puts the MATS rule in legal jeopardy, and despite Mr. 
Wheeler's claim that he doesn't plan to eliminate the standards 
themselves, EPA is still requesting public comment in the proposal on 
whether to do just that.
  If EPA is successful and the MATS rule goes away, air pollution 
control technologies on coal plants across the country will be turned 
off, just like the coal plants listed in Delaware's 126 petitions and 
up in Pennsylvania and I think to our west in West VA.
  On this issue, Mr. Wheeler seems to be all alone. Environmentalists, 
States, labor groups, coal-fired utilities, religious leaders, the U.S. 
Chamber of Commerce all agree that the lifesaving protections to limit 
mercury pollution should stay in place. They all agree. There are not a 
whole lot of things they all agree on. They all agree on this.
  The stakeholders listed on this chart right over here over my 
shoulder and many more urge this administration not to move forward 
with their proposal--not to move forward. Mr. Wheeler has chosen to 
ignore the chorus of the stakeholders who all hoped he would chart a 
more responsible path.
  In talking with my Republican friends, I know many of them can't make 
sense of the EPA's efforts to undermine the MATS rule. They are as 
confused as I am by why Mr. Wheeler would be taking a step that will 
hurt public health and, frankly, hurt the industries that are required 
to implement this technology and protect our health.
  I had hoped we could try to help Mr. Wheeler course correct on this 
issue during the nomination process. That just doesn't seem to be 
happening. His lack of willingness to change course on the MATS 
rollbacks is very troubling to me and one of the reasons I cannot 
support his nomination to be EPA Administrator at this time.
  I have fought for almost two decades in this body to protect our 
children from mercury and air toxic pollution from powerplants. I am 
not going to back down. I am not going to go away.
  For my colleagues who are concerned about regulating mercury, I would 
ask that you join me in opposing Andrew Wheeler's nomination vote 
tomorrow.
  I yield the floor.

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