[Congressional Record (Bound Edition), Volume 155 (2009), Part 10]
[Senate]
[Pages 13481-13482]
[From the U.S. Government Publishing Office, www.gpo.gov]




                              EPA POLICIES

  Mr. GRASSLEY. Mr. President, I wish to speak about Regina McCarthy's 
nomination but not about the nominee or her qualifications. Rather, I 
will highlight a few concerns I have with the EPA and the burdens being 
placed on those in rural areas and agriculture because of EPA actions.
  A few weeks ago, I had the pleasure of joining President Obama for 
lunch. While the purpose of the lunch was to discuss health care 
reform, I took the opportunity to bring up a few concerns I have with 
EPA and agriculture. In particular, I raised four issues where EPA 
policies are causing tremendous concern and are burdening family 
farmers. The issues I raised to the President are indirect land use 
attributed to biofuels; second, fugitive dust; three, greenhouse gases 
and livestock producers; and, four, point source pollution permits.
  Since that meeting with the President, I have had follow-on meetings 
with Nancy Sutley, chair of the Council on Environmental Quality and 
also the President's legislative staff. They heard me out. They seemed 
sympathetic to the concerns I raised. However, I am not sure the 
message is being relayed to the EPA bureaucrats.
  The first issue pertains to a component of the new Renewable Fuels 
Standard that requires various biofuels to meet specified lifecycle 
greenhouse gas emission reductions. The law specifies that lifecycle 
greenhouse gas emissions are to include direct emissions and 
significant indirect emissions from indirect land use.
  In the proposed rule changes released by EPA last week, they rely on 
incomplete science and inaccurate assumptions to penalize U.S. biofuels 
for so-called indirect land-use changes. The fact is, measuring 
indirect emissions of greenhouse gases is far from a perfect science. 
There is a great deal of complexity and uncertainty surrounding this 
issue. Because of this uncertainty, the EPA has committed to an open 
and transparent review by the public.
  The EPA compiled a system of models to analyze land-use impacts of 
U.S. biofuels policies. They have indicated that these models have been 
peer reviewed and that they stand up to scientific scrutiny. That is 
true for the models independently, but--and a big but--it is not true 
for the way the EPA has overlaid and integrated their models. In 
addition, the models are not publicly accessible. There is inadequate 
data in how the models and data have integrated.
  As it stands, stakeholders are unable to replicate the EPA's results. 
So this process is neither open nor is it transparent.
  Under the EPA's analysis, ethanol produced from corn reduces 
greenhouse gas emissions by 16 percent compared to gasoline. However, 
if you remove the murky science of emissions from indirect land-use 
changes, corn ethanol reduces greenhouse gas emissions by 61 percent 
compared to the gasoline. So one can see that sound science plays a 
very important role in whether ethanol is more environmentally positive 
or less environmentally positive.
  The EPA's models conclude that international land use contributes 
more in greenhouse gases than the entire direct emissions of ethanol 
production and use--from the growing of their crops, the production of 
ethanol at the

[[Page 13482]]

refinery, up to and including tailpipe emissions. The ripple effects 
are greater than the direct effects. Wouldn't you think you ought to 
take more into consideration for the direct effects? The fact is, the 
model the EPA has cobbled together to measure indirect land use is far 
from scientific. It is more like a guess.
  The rule indicates that itself by including the word ``uncertainty.'' 
Understand, this is an EPA rule that talks about the science of 
indirect land-use calculation, and it uses the word ``uncertainty'' 
more than 60 times.
  Even larger in this debate is the role of common sense. It defies 
logic that the EPA would try to blame a farmer in my State of Iowa for 
the actions of farmers or developers in Brazil. Do they think 
Brazilians are waiting to see what I am going to plant on my farm, for 
instance, before they plant their crops in Brazil? It does not pass the 
commonsense test. The facts do not support it either.
  During the past 5 years, when biodiesel and ethanol production in the 
United States ramped up, Brazilian soybean acres decreased and corn 
acres remained unchanged. See, there is no relationship.
  Amazon deforestation has also fallen in the past 5 years. A recent 
study indicated that the primary reason for land clearing was for 
timber production and land grabbing, followed by cattle farming, not 
because of ethanol production in the United States. So nowhere on the 
list--we are talking about a list from a study--was U.S. biofuel 
production.
  I think this debate comes down to a few simple questions: Do we want 
more production of green fuels or less production? Do we want greater 
dependency on Iran and Venezuela for energy needs or less dependence? 
Do we want to increase our national security by reducing foreign 
dependence on energy?
  I don't think the people at EPA get the big picture, and I am pretty 
sure they don't understand how American agriculture works. While the 
EPA's actions have a significant impact on the rural economy and the 
agriculture industry, it is clear the EPA has a lack of understanding 
of American agriculture. I know this to be the case regarding the 
indirect land use.
  Margo Oge, the Director of the office in charge of this rule, 
admitted during a committee hearing in the House of Representatives 
last month that she has never been on a farm in the United States. How 
can regulators with such a great impact on the agricultural industry 
have so little understanding of the industry they are regulating? We 
need to encourage some commonsense thinking in EPA. So I have invited 
Administrator Lisa Jackson and a number of EPA officials to come to 
Iowa to visit a farm, to see firsthand how the agricultural industry 
works.
  I have also invited Regina McCarthy, who should be confirmed by the 
Senate today. She will be Assistant Administrator for the Office of Air 
and Radiation. I have also invited Margo Oge, the Director I referred 
to, the Director of the Office of Transportation and Air Quality, the 
office that wrote these regulations on indirect land-use changes.
  Another issue I brought up with the President that I am concerned 
about is EPA's attempt to regulate particulate matter.
  In 2007, the EPA published the ``Clean Air Fine Particle 
Implementation Rule'' in which the EPA inappropriately opted for the 
administrative convenience of regulating all particles that fall within 
the fine PM size range the same, including dust.
  Instead they should have appropriately based the regulation on 
particle composition.
  Essentially, this rule treats dust as though it were cigarette smoke, 
causing the same adverse health issues.
  There are no scientific studies that show this to be the fact. 
Controlling dust from combining soybeans, gravel roads, and feedlots is 
impossible.
  When it comes to a rule in the EPA that you have to keep dust on your 
farm within the property lines of your farm, think how nonsensical that 
approach is. Only God determines when the wind blows and only God 
determines when soybeans have 13 percent moisture and they have to be 
harvested immediately. We cannot make decisions based on EPA rules of 
when the wind blows or doesn't. God makes that decision.
  Compliance with the more stringent fine PM standard will be 
unattainable for many farmers and ranchers.
  The fine PM standard is health-based and must be met at the property 
line of each individual operation regardless of cost.
  This could essentially require farmers to sell some of their cattle, 
combine wet crops, or wall in their roads and driveways.
  This would be a ridiculous way to regulate agriculture.
  The next concern I have with the EPA is their decision not to appeal 
a Sixth Circuit decision which vacated an EPA rule that exempted 
pesticides applied under the Clean Water Act.
  The EPA rule in question had exempted pesticides applied near or into 
waters of the United States from obtaining permits when applied in 
accordance with the Federal Insecticide Fungicide, and Rodenticide Act.
  In vacating the rule, the court issued an opinion declaring that 
agricultural sprayers and nozzles are point-source conveyances and that 
all residues and excesses of chemical pesticides that remain in water 
after the beneficial use is completed are ``pollutants'' under the 
Clean Water Act.
  I share concerns of many who represent agricultural states as to how 
the EPA is going to implement the new permitting process without 
creating a burden on our farmers.
  Producers could face legal liability if a permit is not issued 
quickly, yet the farmer needs to spray immediately.
  I urge the EPA to draft a flexible rule that does not impede a 
producer's ability to apply pesticides and allows emergency application 
to be done expeditiously.
  If they don't, we are going to have major problems on our farms when 
bugs, weeds, and disease show up.
  The final issue is related to some of Senator Barrasso's concerns 
with the nominee we are considering. That is, the direction the EPA is 
heading toward regulation of greenhouse gases under the Clean Air Act.
  While this could have wide ranging, unforeseen effects on all sorts 
of small businesses, I want to talk about how agriculture could be 
affected.
  The Clean Air Act was designed for more traditional types of 
pollution that can have a direct negative effect on human health and 
the environment in relatively small quantities.
  Given the emissions thresholds in the law, a family farm cattle 
operation, for example, could be considered an emitter just like a 
factory smokestack, with all the red tape and costs that entails.
  And, at the end of the day, how are you going to get cows to stop 
passing gas?
  Nancy Sutley assured me that EPA has no desire to regulate livestock 
emissions in this way.
  However, Senator Barrasso raises some good points about what would 
happen should environmental groups follow through on their threats to 
sue EPA to force them to regulate sources as small as family farms.
  Rather than rely on EPA's assurances, I would like these questions 
answered before EPA goes any further down this road.
  I am hoping that a visit to the heartland will help them better 
understand the real world implications of some of their decisions.
  They owe it to the hardworking farmers and ranchers to get a better 
understanding of how U.S. agriculture works.
  Hopefully, they will realize a little common sense will go a long way 
when making broad policy decisions that affect the farmers who put food 
on their table.
  The ACTING PRESIDENT pro tempore. The Senator from Wisconsin.

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