WATCHING GOVERNMENT

Patrick Crow
Washington, D.C.
[email protected]

The Environmental Protection Agency is pushing forward with its ozone and particulates rule, in defiance of public and congressional objections.

EPA is under a court mandate to issue the rules governing smog and soot emissions by July 19 (OGJ, Mar. 10, 1997, p. 30).

Administrator Carol Browner told a recent House Commerce subcommittee hearing the rule has a great deal of public support, although many state and local public officials are complaining it will push their cities and counties into noncompliance.

The data justifying the rule are under fire too, but Browner said, "We have not found anything in the public comments that causes us to question the great body of science upon which these proposals are based."

Reps. Joe Barton (R-Tex.) and Michael Bilirakis (R-Fla.), who chaired the joint hearing, said EPA has decided to push ahead with the rule not on the basis of science, but for policy reasons.

They said EPA could have asked Congress for legislative release from the judicial deadline. And they said while the law requires EPA to review the smog and soot standards every 5 years, it does not oblige it to change them.

Rep. John Dingell (D-Mich.) got Browner to admit the nation's air quality will continue improving for at least 5 years without the new rule.

More opposition

Meanwhile, the Reason Public Policy Institute said EPA has grossly underestimated the costs and impacts of the rule. It said the true cost is not EPA's $6.5 to $8.5 billion, but $90 to $150 billion (in 1990 dollars).

Citizens for a Sound Economy Foundation released a study claiming EPA has "vastly overstated the health risk from particulate matter" and had made two substantial errors in the mortality estimates.

The Air Quality Standards Coalition, an industry group, said more than 200 of the 435 House members have signed letters or petitions against the rule.

In case President Bill Clinton is oblivious to the controversy, five of the six members of the Arkansas congressional delegation have written him to urge a postponement.

Sen. James Inhofe (R-Okla.), chairman of a Senate environment subcommittee, said at least 60 senators oppose the new regulations.

End plays

Congress may consider blocking the rule with an appropriations ban. Sen. John Breaux (D-La.) said although he would rather work something out with the administration, a funding moratorium "could be the only way to address this."

Sen. Trent Lott (R-Miss.), House majority leader, predicts bipartisan legislation will be passed. He said the rule is "unachievable" and "a real detriment to business and industry all over this country."

There have been rumors EPA might issue the particulate standard on schedule July 19, but place the ozone standard on hold.

Congressmen at the House hearing tried to get Browner to admit that the rule still is under hot debate within the administration, but she characterized it as only the usual disagreements between departments.

Since EPA will not relent, the administration could be headed for an embarrassing rebuff from Congress if it does not intervene.