EPA Actions Emphasize Need for TRAIN Act

Press Release

U.S. Rep. Ed Whitfield, (KY-01), Chairman of the House Energy and Power Subcommittee, today cited changes to the Cross-State Air Pollution Rule (CSAPR) by the Environmental Protection Agency (EPA) as a prime example of why the Senate needs to pass and the President needs to sign the TRAIN Act legislation as soon as possible.

The Transparency in Regulatory Analysis of Impacts on the Nation (TRAIN) Act of 2011 passed the House on September 23, 2011 and would require a full cumulative economic analysis of specific EPA rules, while addressing two costly rules affecting utilities and ultimately the price of electricity to consumers, including the CSAPR rule.

On Thursday, it was announced that EPA would be making "technical adjustments" to the CSAPR rule. EPA explained that the changes are necessary because new information was presented to EPA after the final rule was finalized this past summer. Some of that information, according to EPA, was misreported or incomplete when it was provided to EPA.

"The fact that EPA now has to go back and adjust a final rule just months after EPA rushed to get it finalized is a poster child for the necessity of the TRAIN Act," said Whitfield. "EPA and Congress need to know what information EPA is using when they decide to implement new rules and regulations. We also need to know what impact any proposed rule by EPA will have on the economy, especially as we struggle to protect and grow jobs. These types of problems highlight that EPA did not perform due diligence in this rulemaking process."

In the House-passed TRAIN Act is an amendment offered by Rep. Whitfield that relates to two costly new rules affecting our nation's power sector: the Utility MACT rule and the CSAPR. Under Whitfield's amendment, EPA will be required to retain the current Clean Air Interstate program (CAIR) to achieve further emissions reductions, while protecting jobs. Whitfield's amendment would also require that EPA ensure the Utility MACT rule is achievable and has reasonable timelines for compliance. Whitfield's amendment would ensure American families are not faced with increased energy costs passed on by their energy provider as a result of these two rules. The two rules have been estimated to cost $17.8 billion annually and put at risk 1.4 million jobs by 2020.

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