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Today, Congressional Western Caucus Chairman Paul A. Gosar D.D.S. (AZ-04), Executive Vice-Chairman Scott Tipton (CO-3), and Western Caucus Members Cathy McMorris Rodgers (WA-05), Andy Biggs (AZ-05), Glenn ‘GT’ Thompson (PA-05), Mike Johnson (LA-04), Blake Farenthold (TX-27), Randy Weber (TX-14), Jason Smith (MO-08), Doug LaMalfa (CA-01) and Louie Gohmert (TX-01) released the following statements after the U.S. House of Representatives voted to pass H.R. 806, the Ozone Standards Implementation Act of 2017, sponsored by Rep. Pete Olson, with a bipartisan vote of 229-199:
“For far too long, the EPA has churned out job-killing regulation after regulation without also considering the devastating impacts these edicts have on our economy, government revenues and important infrastructure projects,” said Chairman Gosar. “H.R. 806 breaks this cycle of ruthless regulation by giving states the time they need to adjust to new ozone levels, and makes sure that going forward, EPA issues fairer standards informed by more comprehensive science. This bill’s passage coupled with the one-year delay recently announced by new EPA Administrator Pruitt is a victory for the country, and my home state of Arizona.”
Congressman Tipton remarked, “The Obama Administration’s ozone standards and attainment deadlines would have been disastrous for Colorado’s economy. The legislation we passed today protects states like Colorado from a one-size-fits-all regulatory regime that doesn’t take into account the naturally occurring atmospheric ozone formation in the Mountain West. All Coloradans should be pleased that our state can now move forward with an attainment strategy that supports both environmental protection and economic growth.”
“The Ozone Standards Implementation Act of 2017 delivers on the Trump administration’s promise to roll back President Obama’s burdensome regulatory regime. This commonsense legislation will reduce an unnecessary regulatory hurdle forced onto states, making it easier for states to achieve clean air standards and be good stewards of their environment,” said Congresswoman McMorris Rodgers. “Thanks to Rep. Pete Olson (R-TX) for ensuring that air quality standards are met in a way that works best for each state.”
Congressman Biggs said, “My constituents in the East Valley understand all too well the consequences of onerous EPA regulations. Arizona has high levels of background ozone in the atmosphere, meaning that from EPA’s perspective, we are regularly above the attainment level. But instead of trying to fully understand my state’s intricate needs or engaging in efforts to work with state officials to develop achievable plans and paths forward, the EPA has repeatedly doubled down with new standards that are impossible to meet. H.R. 806 will help states like mine to create meaningful implementation plans by giving us more time to work with the federal government and stakeholders. It will also allow us more flexibility in how we meet new regulations. Good, common sense bills like this one are needed to ensure that we do not overregulate in a way that severely disrupts our local economies for little or no benefit. As Chairman of the Environment Subcommittee, I applaud passage of this legislation.”
Congressman Thompson stated, “Let me be clear: this bill will not change our existing air quality standards or regulations, but rather it will provide states with clear implementation standards and allow time for them to reach these goals. The EPA notes that our national ozone emissions have declined by 32 percent since 1980. However, the criteria of this particular framework changed in the eleventh hour, which created several challenges for states to implement ozone air quality standards and be in compliance. The House-passed bill provides realistic timelines to continue our collective commitment to improving air quality for generations to come.”
“Last month, I applauded the EPA administrator for delaying implementation of the Ozone Rule,” said Congressman Johnson. “Now, Congress will act in step to ensure the delay of this burdensome regulation cannot be undone on a whim. This legislation restores balance to the regulatory process, while preserving air quality standards. Our government cannot continue to stand in the way of progress through excessive regulation.”
Congressman Farenthold noted, “The Ozone Standards Implementation Act protects states from spending billions of dollars in order to implement two standards for one pollutant at the same time. This legislation corrects another instance of out of control government regulations that created duplicative standards.”
“I have long been outspoken on my views of the EPA and the egregious ozone mandates set by the agency,” added Congressman Weber. “EPA ozone standard regulations are some of the costliest regulations in history. In 2015, the EPA set implementation standards that were unattainable at best, negligent at worst. Ozone is naturally occurring – sometimes at levels higher than the EPA standard. International transport of ozone from countries like Mexico and China further complicates attainment of the ozone standards. As such, few communities are even able to comply with EPA mandates.
The Ozone Standard Implementation Act of 2017 is a common sense measure, offering regulatory certainty and a more efficient implementation process for states and businesses. With this bill, the assault on American job creators further becomes an attitude of the past.”
“My goal is always to give states more control and more flexibility. H.R. 806 does just that. Missouri’s best conservationists are farmers, sportsmen and recreationalists, and they know how to care for our state’s environment,” said Congressman Smith. “I was happy to vote to stop these job-killing, Obama-era regulations from getting in their way. This bill rolls back government interference and prevents drastic increases on the cost of electricity, fuel, fertilizer and farm equipment. Most importantly, this legislation will restore common sense in caring for our environment.”
Congressman LaMalfa said, “The EPA’s newest standards are a one-size-fits-all solution that won’t work for rural areas, where states and counties still have no idea how to comply. Many requirements aren’t even technologically feasible, while others simply add costs to areas that already have clean air. Congress and new EPA Administrator Scott Pruitt are on the same page: we need to hit the pause button so that the states who will implement these policies have a voice in developing them.”
Congressman Gohmert concluded: “The Obama Ozone standards have been and are doing such grave damage to jobs and personal income for the poor and all levels of the middle class. While Former President Obama is off sailing the ocean with his friends, who won’t be affected by these crushing regulations, jobs have been lost and the economy has taken a beating due to his fanciful policies. We do need to continue to clean our air, but not beyond reasonable measures with devastation to our poor and working folks.”
Background:
H.R. 806 would allow states and localities to phase in compliance of two NAAQS allowing for more efficient and realistic implementation of the two standards.
Most states are just beginning to adopt the 75 parts per billion (ppb) ozone standard proposed in 2008 as the EPA didn’t announce implementation guidance and a final rule until March 6, 2015. Rather than allowing time for that standard to be implemented, the Obama Administration moved the goal posts and unilaterally sought to dramatically lower the ozone standard once again to 70 ppb in October 2015.
Industry analysis projects that more than 950 different counties throughout the country will immediately be in nonattainment under the October 2015, 70 ppb standard. The Chamber of Commerce has reported that counties classified as in nonattainment can have important permits denied by the EPA and crucial federal highway and transportation projects suspended.
Even the Obama Administration projected in 2010 that the unrealistic 70 ppb standard we are debating today would cost our economy $19 to $25 billion annually.
Over 150 major industry groups, Chambers of Commerce, and state and local governments have written in support of H.R. 806’s commonsense provisions improving NAAQS processes and deadlines.
In the 114th Congress, the House passed similar legislation, H.R. 4775, by a vote of 234-177.
The Clean Air Act’s NAAQS program directs EPA to set standards for criteria pollutants, including for ground-level ozone. EPA established ozone standards originally in 1971 and has revised them on several occasions in subsequent years, including in 1979, 1997 and again in 2008. The 2008 NAAQS established an 8-hour ozone standard of 75 ppb. However, EPA did not publish implementing guidance for those standards until March of 2015. Soon after that publication, states began working to implement the NAAQS.
Then, in October 2015, EPA issued a further 8-hour ozone standard of 70ppb. Accordingly, the regulatory situation is such that states and localities were abruptly directed to comply with one standard, only to be blindsided by the required implementation of a second and more stringent standard soon after. States and localities are now scrambling to implement these two NAAQS simultaneously, with imminent nonattainment designations by EPA to be issued in October of 2018. This situation is placing undue stress on states and localities – and by extension, industries and families – and those facing the brunt of these poorly-planned implementations are understandably in search of fairer compliance timelines for the two NAAQS in question.
This situation has brought Congressional, industry, and state and local awareness to the need for EPA process reform. EPA’s study procedure and its promulgation of standards suffers from informational deficits arising from a deficit of sufficient inquiry into the impact of foreign emissions, new data and science on ozone dynamics, and neglect of technological feasibility. Finally, the present situation with its rushed implementation of multiple stringent NAAQS highlights the fact that current statute allows EPA to generate new standards haphazardly and with little regard for the feasibility of implementation for industry and governments. H.R. 806 establishes commonsense, bipartisan solutions for each of these issues.
Under the bill, the date for final designations for the 70 ppb would be extended from 2017 to 2025, granting industries and local governments much-needed time to adjust to the full impact of the two NAAQS.
The bill would alter the period for mandatory review of NAAQS from five to 10 years, while allowing the EPA Administrator the authority to issue revised standards earlier than that. A provision would require the EPA Administrator to consider technological feasibility in reviewing or establishing NAAQS, and would cause the EPA Administrator to issue implementation guidance concurrent with NAAQS revision. Finally, the bill directs EPA to submit to Congress two reports; one concerning ozone formation and control strategies, and another detailing the extent to which foreign emissions impact compliance with NAAQS. It allows states to sidestep certain fees and sanctions on ozone and particulate nonattainment areas if they are able to demonstrate that the cause for nonattainment lies with emissions beyond the regulatory authority of the state in question.
Localities, states, and industry leaders were consulted and their input weighed extensively during drafting of H.R. 806. The bill will improve development and implementation of these and any future NAAQS—and overall EPA ozone standards regulation—by establishing more realistic and fair implementation deadlines and causing EPA to be transparent and clear with implementation guidance and appraised of the science and data needed to revise or issue NAAQS.
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