Hill Heat

The hearing, originally scheduled for May 8, will examine the new ozone national ambient air quality standards (NAAQS) and the process the Environmental Protection Agency used in setting them.

On March 12, 2008, EPA Administrator Stephen L. Johnson finalized updated NAAQS for ozone, a primary component of smog. The new ozone NAAQS are comprised of a revised primary standard to protect health and a revised secondary standard to protect the environment. In setting both standards, EPA Administrator Johnson did not accept the recommendations provided to him by EPA’s independent scientific review committee, the Clean Air Scientific Advisory Committee (CASAC). With regard to the secondary standard, Administrator Johnson’s efforts to set a new standard were overruled by the White House.

In light of new information obtained by the Committee, questions are also expected regarding the White House’s role in EPA’s action to block California’s program to regulate greenhouse gases from automobiles.

Witnesses

Panel I

• Stephen L. Johnson, Administrator of the Environmental Protection Agency
• Susan E. Dudley, Administrator of OMB’s Office of Information and Regulatory Affairs
• Dr. Rogene Henderson, Chair, Clean Air Scientific Advisory Committee

Panel II

• Dr. Francesca Grifo, Senior Scientist, Union Of Concerned Scientists
• Michael Goo, Climate Legislative Director, Natural Resources Defense Council
• Dr. Roger O. McClellan, Advisor, Toxicology and Human Heath Risk Analysis
• Alan Charles Raul, Partner, Sidley Austin, LLP

20/05/2008 at 01:00PM

Witnesses

Panel I

• Stephen Johnson, administrator, U.S. EPA
• Susan Dudley, administrator, Federal Office of Information and Regulatory Affairs
• Rogene Henderson, chairwoman, Clean Air Scientific Advisory Committee

Panel II

• Francesca Grifo, senior scientist, Union of Concerned Scientists
• Michael Goo, climate legislative director, Natural Resources Defense Council
• Roger McClellan, adviser, Toxicology and Human Health Risk Analysis
• Alan Charles Raul, partner, Sidley Austin LLP.

08/05/2008 at 10:00AM

EPA administrator Stephen L. Johnson has taken significant heat from environmental groups, state officials, and Congress for his December denial of California’s Clean Air Act waiver request to enact AB 32 to regulate tailpipe greenhouse gas emissions (and the February release of his justification). Congressional investigations, though stonewalled repeatedly by Johnson, have revealed that unanimous staff recommendations to approve the waiver were overturned by the administrator.

The Supreme Court decision Mass. v. EPA, which compelled the agency to make a decision on the waiver, also required the agency to make an endangerment finding as to whether greenhouse gases pose a threat to human health and if so, to issue motor vehicle regulations. On Wednesday Rep. Henry Waxman (D-Calif.)’s Oversight Committee investigation revealed that Johnson in fact attempted to issue an endangerment finding and motor vehicle regulations in December, but was evidently overruled by the White House and Department of Transportation. Johnson is still being unresponsive to Waxman’s investigation, as well as the one newly opened by Rep. Ed Markey (D-Mass.) of the Global Warming Committee.

Late Wednesday night, the EPA issued new smog regulations, lowering the public health (primary) and public welfare (secondary) standards to 75 parts per billion from 84 ppb. The Washington Post’s Juliet Eilperin revealed that the EPA scientific panel was overruled in its recommendation to establish a much lower seasonal secondary standard to protect plantlife during the growing season:

Nearly a year ago, EPA’s Clean Air Scientific Advisory Committee reiterated in writing that its members were “unanimous in recommending” that the agency set the standard no higher than 70 parts per billion (ppb) and to consider a limit as low as 60 ppb.

She goes on to note that on March 6, the Office of Management and Budget’s Susan E. Dudley sent a letter to the EPA asking them to consider the effect of a too strict regulation on “economic values and on personal comfort and well-being,”. EPA Deputy Administrator Marcus C. Peacock replied that “EPA cannot consider costs in setting a secondary standard,” with the cutting retort: “EPA is not aware of any information that ozone has beneficial effects on economic values or on personal comfort and well being.”

Today Eilperin further revealed that President Bush personally stepped in at the last minute to block the EPA’s intended secondary standard.

The president’s order prompted a scramble by administration officials to rewrite the regulations to avoid a conflict with past EPA statements on the harm caused by ozone. Solicitor General Paul D. Clement warned administration officials late Tuesday night that the rules contradicted the EPA’s past submissions to the Supreme Court, according to sources familiar with the conversation. As a consequence, administration lawyers hustled to craft new legal justifications for the weakened standard.

On Wednesday, May 23, 2007, the Committee held an oversight hearing on achievements and opportunities for climate protection under the Montreal Protocol. This international environmental treaty established legally binding controls on the production and consumption of substances that deplete the stratospheric ozone layer. Witnesses at the hearing included the lead author of a scientific paper quantifying the climate benefits of the Montreal Protocol, the Executive Director of an international nongovernmental organization with expertise on the Montreal Protocol, and the Global Environmental Manager of DuPont’s fluorochemicals business. At the hearing, the Committee received testimony about cost-effective measures that can be taken under the Montreal Protocol and the Clean Air Act to reduce greenhouse gas emissions and combat global warming.

Witnesses

• Dr. Guus Velders, lead author of a recent scientific paper quantifying the climate benefits of the Montreal Protocol
• Mr. Allan Thornton, Executive Director, Environmental Investigation Agency, an international nongovernmental organization with expertise on the Montreal Protocol
• Dr. Mack McFarland, Environmental Fellow, DuPont Fluoroproducts, a major corporation that manufactures alternatives to substances that deplete the ozone layer

Transcript

• preliminary transcript

23/05/2007 at 10:00AM