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Op-Ed
Articles
Don´t Believe Industry
Hit on EPA´s Clean Air Standards
April
21, 1997
Roll Call
"Each law can be reduced
to a single phrase. For the Internal Revenue Code, it is the collection
of taxes. For the Clean Air Act, it is the protection of public
health. Removing health from the Clean Air Act would be like removing
taxes from the Internal Revenue Code. Yet, that is exactly what
some groups wish to do . . ."
-- Sen. Robert Stafford (R-Vt.), chairman of the Senate Committee
on Environment and Public Works, 1981.
By Rep. Henry Waxman
Stafford's warning cuts to the heart of the current attack against
the Environmental Protection Agency's proposals to protect the public
from ozone and particulate air pollution. As most Members of Congress
are now aware, the nation's biggest polluters have pooled their
resources to form the Air Quality Standards Coalition to block the
EPA. But this multimillion-dollar lobbying campaign isn't just about
the agency's new proposals. Its ultimate goal is to destroy the
Clean Air Act's fundamental underpinning by eliminating health-based
standards.
Under the Clean Air Act, the EPA must ensure that the current health-based
air quality standards reflect the best scientific information available.
This has been the law for more than 25 years.
In carrying out this mandate, the EPA recently completed an analysis
of thousands of studies on ozone and particulate air pollution.
Based on its study, the agency concluded that new scientific information
requires stronger protections of public health.
Specifically, the EPA has proposed to change the form and level
of ozone standard from 0.12 parts per million (ppm) measured over
one hour to 0.08 ppm measured over eight hours. This standard would
better protect asthmatic children, while creating a more stable
standard so that areas don't slip in and out of compliance. For
particulate matter, the EPA has proposed establishing a new standard
for fine particulate matter (particulate matter 2.5 micron in size
and smaller). This standard would focus on the tiny particles resulting
from burning fuel -- the most harmful type of particulate air pollution.
The EPA's scientific basis and staff work has been reviewed extensively
by a group of independent scientific advisers called the Clean Air
Scientific Advisory Committee (CASAC). Often lost in the inflamed
Congressional rhetoric about the new EPA proposal is the most essential
point: CASAC's members agreed that the EPA did its scientific homework
for both standards. CASAC concluded that the EPA had an "adequate
scientific basis for regulatory decisions."
In fact, EPA Administrator Carol Browner recently testified that
"this has been the most extensive scientific review and public
outreach ever conducted by the EPA for public health standards."
Each of the 5,000 studies the EPA reviewed had already been peer-reviewed
and published in scientific and medical journals.
There is also strong international support for tougher air pollution
standards. Britain, Canada, and the World Health Organization have
all recognized the serious health implications of fine particulate
matter air pollution. As for ozone, Canada's standard and the World
Health Organization's recognized standard is 0.06 ppm.
The EPA's proposed fine particulate matter standard would prevent
15,000 premature deaths a year. The new ozone standard would reduce
hospital admissions by 1,600 admissions and reduce emergency room
visits by 5,000 each year. It will reduce serious respiratory problems
in children by 250,000 cases each year.
Industry ignores these facts and has instead issued perennial warnings
of impending doom if tighter standards are adopted -- we are told
that family barbecues, lawnmowers, and Fourth of July fireworks
will only be memories if the EPA moves forward.
Industry has also tossed charges of bias and bad science into the
mix and gives every sign that it wants to refight the battle on
health-based standards if waged and lost years ago.
When the effort to reauthorize the Clean Air Act began in 1981,
few of us anticipated that it would last for nine years and culminate
in the 1990 Clean Air Act. The battle to retain health-based standards
was fought early and hard.
At the outset, industry rallied the cry for repeal of the Clean
Air Act's health-based standards and to replace them with standards
based on industry's cost projections.
The response was instructive. President Ronald Reagan, Members
of Congress, environmental groups, states and localities, and even
some industries ultimately chose to favor health-based standards.
By the end of 1981, any hope the industry had for a cost-based approach
faded, and the 1990 Clean Air Act ultimately retained health-based
standards.
Looking back, it's obvious that if we had adopted an approach based
on cost projections -- especially industry cost projections -- we
would have crippled the progress we have made in cleaning the air.
For instance, in 1979 -- the last time the EPA set a standard for
smog -- the American Petroleum Institute predicted that "extreme
social and economic disruption" would follow and that "impossible"
controls would be imposed across the country. General Motors warned
Congress of "widespread inflation and employee layoffs."
The EPA adopted the rule and industry's gloomy predictions proved
to be wrong.
As Congress considered the 1990 Clean Air Act, every affected industry
weighed in. The auto industry flatly stated that tougher tailpipe
requirements would be impossible to meet. Mobil predicted that cleaner
gasoline standards would result in major supply disruptions and
dramatic price increases. And DuPont reprised the always apt "economic
and social disruptions" warning in lobbying against a phase-out
of ozone-depleting substances.
The utility industry joined in, predicting that acid rain controls
would cost $1,500 per ton of cleanup, and industry's main trade
group estimated the entire law would cost nearly $100 billion a
year.
Our clean air program would have been thrown into gridlock if these
exaggerated claims had dictated the law.
In reality, since enactment of the 1990 law, cleaner cars have
been manufactured ahead of schedule, cleaner gasoline has been introduced
to the market without price or supply problems, DuPont invented
new substances (ahead of the law's schedule) that don't harm the
ozone layer, and acid rain is being cleaned up at prices 94 percent
under utility estimates. Overall, the 1990 law is costing approximately
$22 billion, or just 25 percent of what the industry predicted.
Indeed, health-based standards are a primary that the Clean Air
Act is one of the most effective governmental initiatives of this
century. Not only have major air pollutants decreased nationally
by 30 percent over the past 25 years, but during the same period
our gross domestic product increased almost 100 percent, population
rose by 28 percent, and vehicle miles traveled increased 116 percent.
The Clean Air Act works because while the standards are based solely
on health considerations, costs are explicitly considered in establishing
compliance schedules and choosing clean-up options. That means we
have a clear sense of what is needed and a common-sense plan to
achieve it.
The current health standards are outdated and are no longer supported
by modern science. We know that tens of thousands of people are
dying and hundreds of thousands more suffer from illnesses caused
by commonly found levels of particulate matter and ozone in the
air at levels that are currently mislabeled as "safe."
Congress has a responsibility to make sure we don't accept industry
arguments at face value. We need to scrutinize them in light of
industry's wildly inaccurate previous projections and the overwhelming
scientific evidence the EPA has compiled in support of its new standard.
What that is done, it's clear that instead of weakening the act
or blocking the EPA's work, Congress should be working to help public
health experts get on with the job of making sure every American
-- no matter how old or young, healthy or sure -- breathes safe
air.
Rep. Henry Waxman (D-Calif.) is a member of the Commerce subcommittee
on health and environment.
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