Satisfying Energy Needs and Saving the Environment Act

Floor Speech

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Mr. PALLONE. Mr. Speaker, I rise in opposition to H.R. 1119, the ``Satisfying Energy Needs and Saving the Environment Act''.

The SENSE Act continues yesterday's latest effort by Republicans to undermine the commonsense protections found in the Clean Air Act in order to give special breaks to polluters at the expense of public health. The winner of today's Republican special breaks are power plants that burn waste coal.

The SENSE Act would give power plants that burn waste coal for energy a free pass on critical public health protections that keep dangerous toxins out of the air.

It does this by giving waste coal power plants a carve-out from the pollution control requirements of EPA's Mercury and Air Toxic Standards--or MATS Rule. This rule represents the first national standards to address power plant emissions of toxic air pollutants like mercury, arsenic, dioxin, sulfur dioxide and hydrochloric acid.

The SENSE Act provides a weaker compliance option for MATS that would give waste coal facilities license to pollute more than they should. And, the bill would lock in this weaker standard for the foreseeable future.

That means a small number of waste coal units would be allowed to avoid controlling harmful pollution in perpetuity, regardless of any subsequent developments in control technologies, or new information on the health effects of their pollution. Passing this bill means waste coal power plants would never have to clean up their act, putting the health and safety of those nearby and downwind in jeopardy.

So, why are we even discussing such a ridiculous sweetheart deal? Because the waste coal industry says they need, and deserve, a legislative earmark, just for using the coal that wasn't good enough to burn in other power plants.

But that claim doesn't pass the smell test.

EPA determined, and the D.C. Circuit Court agreed, that since emissions from waste coal units are no different than emissions from other coal-fired power plants, there is no justification for special treatment. Many of the waste coal plants already meet the requirements of the MATS rule, because in reality, waste coal plants are among the best performing coal-fired power plants in the country.

I see no justification for giving waste coal plants the ability to pollute more than other facilities, as the SENSE act would allow.

These special breaks are especially offensive to me since I represent a down-wind state. Pollution generated west of New Jersey moves into our air shed threatening the public health and welfare of my constituents. It also increases the burden on New Jersey businesses that would ultimately be required to do more and spend more to compensate for the extra pollution generated by these plants.

The Republicans claim that EPA is over-regulating business. But, time and again, the courts have found that EPA is actually failing to regulate pollutants known to cause harm. This Mercury and Air Toxics rule has been in development and litigation for nearly 20 years--the time it takes for a child to reach adulthood. That's more than enough delay, enough mercury, and enough toxic air pollution. It's time to clean it up.

Republican-led attacks on clean air protections will not create jobs, nor will they magically build infrastructure. All a Yes vote on this dirty air bill will do is boost profits for Republican allies, and make it easier for corporate polluters to contaminate the air in our neighborhoods. Meanwhile our children's health is threatened and their future is sold out, all in the name of more corporate profits.

I strongly oppose the SENSE Act, and urge all of my colleagues to join me in voting No.

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