Red Tape Reduction and Small Business Job Creation Act

Floor Speech

Date: July 24, 2012
Location: Washington, DC
Issues: Environment

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Mr. FLAKE. I thank the gentleman for yielding.

I rise in support of this act. This legislation would provide important regulatory reforms, and it couldn't come at a better time for the economy. In particular, I am pleased to support my colleague from Arizona, Congressman Quayle's Sunshine for Regulatory Decrees and Settlements Act that is included in this legislation.

In the West, we have seen the EPA adopt what appears to be a contemplated strategy with respect to the implementation of the Clean Air Act regional haze requirements that includes ignoring submitted State plans addressing air quality issues, inviting lawsuits from nongovernmental organizations, and then agreeing to consent decrees that result in Federal intervention.

While this ``sue and settle'' strategy raises a host of issues, in this instance, it tramples on States' prerogatives, and it flies in the face of Congress' explicit intent to let the States lead when it comes to air quality decisions.

In Arizona, for example, EPA has previously flatly ignored the State's plan for dealing with regional haze. They have instead agreed to a consent decree without even consulting ADEQ, the Arizona Department of Environmental Quality, that would result in a federally driven and needlessly costly outcome that will not be beneficial to Arizona's residents. While Arizona has sued to be allowed to intervene and is appealing the consent decree, it is likely this scenario would have been more beneficial to Arizonans had this legislation been in place.

I urge my colleagues to support this legislation and, in doing so, support Congress' intent that the States lead when it comes to air quality planning.

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