EPA Overreach
The Environmental Protection Agency (EPA) is a regulatory agency with the mission of enforcing federal environmental laws - established by Congress - to protect human health and the environment. However, recently, EPA has overreached its authority by advancing policies, absent congressional action, that could cost millions of jobs, hurt American consumers and our economy, and put U.S. businesses at a competitive disadvantage globally.
Ozone
The EPA has proposed a lowering of U.S. ground-level ozone standard to 60-70 parts per billion (ppb) measured over eight hours, down from the 75 ppb level set in March 2008. Unfortunately, this action lacks scientific justification and there is absolutely no basis for EPA to accelerate this proposal to change the ozone standards promulgated by the EPA Administrator just two years ago.
Furthermore, the implementation of these new standards would be economically disastrous to many local economies, including West Virginia. Many counties across the country would likely be out of attainment with the new standards, and billions of dollars would be spent by local governments and the private sector across the nation to try to achieve attainment -- all with marginal benefits.
In West Virginia, a 60 ppb standard in 2020 would:
- Reduce jobs by 39,000;
- Reduce gross regional product by $4.1 billion; and
- Reduce disposable income by $2.2 billion.
- EPA's Ozone NAAQS Proposal: Economic Impact to West Virginia
- EPA’s Ozone NAAQS Proposal: Economic Impact to West Virginia Study
- EPA's Ozone NAAQS Proposal: The Real Cost to West Virginia (Updated June 2010)
- EPA’s New Ozone Proposal Threatens Local Economies (Slides)
- EPA’s New Ozone Proposal Threatens Local Economies (Recording)
Greenhouse Gas (GHG) Emissions
In the past few years,the EPA has taken calculated steps to regulate carbon-dioxide (CO2) and other greenhouse gas (GHG) emissions despite the lack of congressional and public support for such a monumental policy change. In 2009, the EPA issued an "endangerment finding" that formally classified GHG's as pollutants to be regulated under the Clean Air Act - a law that was intended to control traditional air pollutants, not GHG emissions that come from every vehicle, home, factory and farm in America. In Spring of 2010, the EPA issued the "tailoring rule" that established threshholds for GHG emissions that define when permits would be required for new and existing facilities. And on December 1, 2010, the EPA issued a final ruling which takes effect on January 2, 2011 that establishes, for the first time, GHG emissions standards for motor vehicles, power plants and large stationary sources.
This EPA action is not part of any international agreement. It unilaterally drives up the cost of doing business in the United States and will force the outsourcing of jobs to foreign locations with poor environmental records. This will trigger an overall increase in global GHG output, not a decrease. Legal action to halt the implementation of the new regulations has been launched by multiple parties, but has not been able to stop the Agency, and thus the regulations will take effect in January.
Implementation of these new rules will slow business investment and expansion, stunt job growth and limit U.S. energy production by discouraging investment in new domestic fuel production capabilities. At a time when the nation needs to create jobs, these regulations adversely affect our nation's top job creators. Furthermore, for states with already straining budgets and onerous regulations, additional compliance requirements will place heavy administrative burdens on state environmental quality agencies that are already struggling to meet regulatory goals.
E15 Ethanol
The EPA is currently evaluating the decision to increase the level of ethanol blended in gasoline from 10% (E10) to 15% (E15). Unfortunately, they have not yet fully completed testing, and preliminary results indicate that E15 could harm consumers. This includes certain vehicles as well as engines used in small equipment (e.g., chainsaws, snowmobiles, lawnmowers, jet skis, etc). It also could lead manufacturers to void warranties, leaving consumers stuck with expensive repairs.
Preliminary research shows that E15 in any vehicle, including the 2007 model year and newer vehicles designated by EPA as suitable for E15, has the potential for increased triggering of on-board diagnostics (OBD) malfunction indicator lights. The Coordinating Research Council, which includes the auto industry and the oil industry, is examining the possibility of increased valve seat wear and catalyst damage in vehicles running on ethanol blends higher than E10 - 10 percent ethanol combined with 90 percent gasoline. Until the research is complete and potential issues are understood, EPA's E15 partial waiver for vehicles before 2007 is premature.
It is also possible to misfuel small engines such as lawnmowers and chainsaws, and full testing should be completed to ensure the safe operation of this equipment operating with E15.
