Ozone and Particulate Matter Research Act of 1997
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S. HRG. 105±355 OZONE AND PARTICULATE MATTER RESEARCH ACT OF 1997 HEARING BEFORE THE SUBCOMMITTEE ON CLEAN AIR, WETLANDS, PRIVATE PROPERTY AND NUCLEAR SAFETY OF THE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS UNITED STATES SENATE ONE HUNDRED FIFTH CONGRESS FIRST SESSION ON S. 1084 A BILL TO ESTABLISH A RESEARCH AND MONITORING PROGRAM FOR THE NATIONAL AMBIENT AIR QUALITY STANDARDS FOR OZONE AND PARTICULATE MATTER AND TO REINSTATE THE ORIGINAL STAND- ARDS UNDER THE CLEAN AIR ACT, AND FOR OTHER PURPOSES OCTOBER 22, 1997 Printed for the use of the Committee on Environment and Public Works ( U.S. GOVERNMENT PRINTING OFFICE 46±427 CC WASHINGTON : 1998 For sale by the U.S. Government Printing Office Superintendent of Documents, Congressional Sales Office, Washington DC 20402 COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS ONE HUNDRED FIFTH CONGRESS JOHN H. CHAFEE, Rhode Island, Chairman JOHN W. WARNER, Virginia MAX BAUCUS, Montana ROBERT SMITH, New Hampshire DANIEL PATRICK MOYNIHAN, New York DIRK KEMPTHORNE, Idaho FRANK R. LAUTENBERG, New Jersey JAMES M. INHOFE, Oklahoma HARRY REID, Nevada CRAIG THOMAS, Wyoming BOB GRAHAM, Florida CHRISTOPHER S. BOND, Missouri JOSEPH I. LIEBERMAN, Connecticut TIM HUTCHINSON, Arkansas BARBARA BOXER, California WAYNE ALLARD, Colorado RON WYDEN, Oregon JEFF SESSIONS, Alabama JIMMIE POWELL, Staff Director J. THOMAS SLITER, Minority Staff Director SUBCOMMITTEE ON CLEAN AIR, WETLANDS, PRIVATE PROPERTY, AND NUCLEAR SAFETY JAMES M. INHOFE, North Carolina, Chairman TIM HUTCHINSON, Arkansas BOB GRAHAM, Florida WAYNE ALLARD, Colorado JOSEPH I. LIEBERMAN, Connecticut JEFF SESSIONS, Alabama BARBARA BOXER, California (II) (II) CONTENTS Page OCTOBER 22, 1997 OPENING STATEMENTS Baucus, Hon. Max, U.S. Senator from the State of Montana .............................. 6 Letter, Position on S. 1084, EPA Administrator Browner ............................ 29 Boxer, Hon. Barbara, U.S Senator from the State of California ......................... 3 Inhofe, Hon. James M., U.S. Senator from the State of Oklahoma .................... 1 Article, Smog Map Technology Is Launched .................................................. 34 List, supporters of S. 1084 ............................................................................... 50 Prepared statement .......................................................................................... 49 Sessions, Hon. Jeff, U.S. Senator from the State of Alabama ............................. 5 Thomas, Hon. Craig, U.S. Senator from the State of Wyoming .......................... 13 WITNESSES Abbott, Ande, assistant to the international president, International Brother- hood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers, & Helpers, Fairfax, VA ........................................................................................................... 12 Prepared statement .......................................................................................... 127 Grumet, Jason, executive director, Northeast States for Coordinated Air Use Management (NESCAUM), Boston, MA ............................................................ 14 Prepared statement .......................................................................................... 130 Martin, James A., vice president, Martin's Famous Pastry Shoppe, Inc., on behalf of the American Bakers Association, Chambersburg, PA ..................... 8 Letter, supplementing testimony .................................................................... 122 Prepared statement .......................................................................................... 121 Sharp, Adam, assistant director of governmental relations, American Farm Bureau Federation ............................................................................................... 10 Prepared statement .......................................................................................... 124 Smith, Thomas, president, National Coalition of Petroleum Retailers, Griffin, GA .......................................................................................................................... 19 Prepared statement .......................................................................................... 146 Thurston, George D., associate professor, Department of Environmental Medi- cine, New York University School of Medicine, New York, NY ....................... 17 Prepared statement .......................................................................................... 138 ADDITIONAL MATERIAL S. 1084, Ozone and Particulate Matter Research Act of 1997 ............................. 40 Articles: Air Pollution's Impact on the Weather ........................................................... 123 Smog Map Technology Is Launched ................................................................ 34 Letter, Position on S. 1084, EPA Administrator Browner ................................... 29 List, supporters of S. 1084 ...................................................................................... 50 Statement, Associated Builders and Contractors .................................................. 148 (III) OZONE AND PARTICULATE MATTER RESEARCH ACT OF 1997 WEDNESDAY, OCTOBER 22, 1997 U.S. SENATE, COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS, SUBCOMMITTEE ON CLEAN AIR, WETLANDS, PRIVATE PROPERTY, AND NUCLEAR SAFETY, Washington, DC. The subcommittee met, pursuant to notice, at 9:38 a.m. in room 406, Senate Dirksen Building, Hon. James M. Inhofe (chairman of the subcommittee) presiding. Present: Senators Inhofe, Sessions, Thomas, and Boxer. Also present: Senator Baucus. OPENING STATEMENT OF HON. JAMES M. INHOFE, U.S. SENATOR FROM THE STATE OF OKLAHOMA Senator INHOFE. The hearing will now come to order. Today's hearing will examine the Breaux-Inhofe bill, S. 1084, which we call the Ozone and Particulate Matter Research Act of 1997. The legislation was introduced as a result of the new clean air standards for ozone and particulate matter promulgated by the EPA on July 17. And in the House we have a companion bill. It is H.R. 1984. This bill is worded essentially the same, with some modest changes in the $25 million that would be set aside for ozone research. Senator Breaux and I thought it was necessary to introduce this legislation because the EPA ignored the tremendous opposition to these new standards. Those who oppose the standards include ev- eryone from the Governors, the U.S. Conference of MayorsÐand I used to be on the board of the U.S. Conference of Mayors, and it's one certainly that cannot be accused of being a Republican organi- zationÐNational League of Cities, National Association of County Officials, National Conference of State Legislators, and local gov- ernment officials. The Farm Bureau, Farmers Union, Cattleman's Association, American Corn Growers, fertilizer and other groups, small business community, including NFIB, U.S. Chamber of Commerce, Black Chamber of Commerce, Small Business Survival Committee, and a number of State environmental directors too long to articulate here. In total, there have been over 3,200 letters, resolutions, and com- ments expressing concern with these standards. While I don't want to take time to read the names of all the organizations who have sent these letters, I will distribute copies of an index. This is the (1) 2 index of these letters, Senator Sessions. And we're talking about thousands and thousands. Of course, we have many of them up here on the table. In addition, a number of organizations have writ- ten in support of this legislation being considered today. I would also like to introduce these letters into the record, show- ing more than 30 organizations supporting it. These are the letters that we have up here on the table. [The index of letters is printed at the end of the hearing record:] The House version currently has 191 co-sponsors, and the Senate bill has a bipartisan list of nine co-sponsors. I'm pleased to say that as of yesterday we added an additional 12 Senators, which means we now have 21 co-sponsors for the Senate bill. Before we get to the testimony today, I'd just like to briefly out- line what the bill does. The bill establishes an independent panel to be convened by the National Academy of Sciences to prioritize the research needs on the health effects of particulate matter. This step would help bring consensus to any new standards proposed by the EPA in the future. So we're dealing not just with what has happened to us since the pastÐin the last 11 months, but also what could happen in the future. So it would make the process a little bit more professional and predictable. With the recent standards, the EPA relied on epidemiological studies and research performed by former EPA employees. The Na- tional Academy of Sciences would help restore credibility to this process. Next, in order to ensure that the Federal dollars are spent on the research priorities of the independent panel, the legislation estab- lishes a Particulate Matter Interagency Committee to coordinate the activities of Federal agencies engaged in particulate matter re- search. This committee will be composed of eight different a agen- cies and departments. This is not a new committee, as such, but a coordination of those efforts that are going on currently. The EPA will use this research, in addition to private research, to review the air quality criteria through the Clean Air Science Ad- visory CommitteeÐCASACÐset up statutorily. This review must be completed no earlier than 4 years after the enactment of this Act.