WASHINGTON, D.C. – Congressman Gary Palmer (AL-06), Chairman of the Subcommittee on Environment, delivered the following opening statement at today’s Rules Committee hearing on three permitting reform bills H.R. 6398, the Reducing and Eliminating Duplicative Environmental Regulations Act (RED Tape Act); H.R. 6409, the Foreign Emissions and Nonattainment Clarification for Economic Stability Act (FENCES Act); and H.R. 6387, the Fire Improvement and Reforming Exceptional Events Act (FIRE Act).
Subcommittee Chairman Palmer’s opening statement as prepared for delivery:
“Thank you, Chairwoman Foxx, Ranking Member McGovern, and members of the Rules Committee, for the opportunity to testify before you today.
“I am pleased to speak in support of three pieces of legislation: H.R. 6409, the FENCES Act, H.R. 6398, the RED Tape Act, and H.R. 6387, the FIRE Act. All three bills are an important part of Energy & Commerce’s permitting reform efforts.
“H.R. 6409 the FENCES Act, introduced by my colleague Congressman August Pfluger of Texas, ensures that states and local communities are not penalized for foreign air emissions emanating from outside the U.S.
“States across the country are being unfairly penalized for pollution that originates beyond U.S. borders, including air emissions from natural events like the Canadian wildfires. Currently, the Clean Air Act allows states to adjust their plans when foreign emissions prevent them from meeting federal standards. However, guidance from the EPA under the previous administrations narrowed the relief, limiting it to only human-caused emissions from abroad.
“This bill clarifies that all foreign emissions, whether natural or man-made, are excluded from consideration when determining whether a state meets national air quality standards. Importantly, the bill allows states to account for foreign emissions earlier in the regulatory process, instead of forcing them to wait until the very end and risk costly delays or federal sanctions.
“H.R. 6398, introduced by my friend, Congressman John Joyce of Pennsylvania, eliminates the duplicative requirement in the Clean Air Act that requires EPA to assess and provide feedback on environmental impact statements other agencies prepare under NEPA.
“An action agency preparing an environmental impact statement under NEPA already possesses the expertise and resources necessary to assess the environmental impacts. EPA is often already involved in the NEPA review process as a cooperating agency, and requiring them to provide a secondary review under section 309 is unnecessary, duplicative, and inefficient. This duplicative review leads to increased delays and expenses in the NEPA process.
“This legislation is an important step to streamline permitting and it removes burdensome inefficacies in the current NEPA process.
“H.R. 6387, introduced by Congressman Gabe Evans of Colorado and co-led by Congressman Adam Gray of California, amends the Clean Air Act to ensure that states are not penalized for wildfire mitigation measures, like prescribed burns and brush clearing. States currently limit these practices for fear of falling out of attainment or due to the costly and lengthy exceptional events process.
“The FIRE Act ensures that states are not penalized for wildfire mitigation measures. It provides clarity and predictability for air quality planning, reduces unnecessary regulatory burdens on manufacturers and communities, and rewards proactive wildfire mitigation measures.
“Prescribed fires or controlled burns are the most effective way to decrease both the severity of wildfires and the public health problems associated with the smoke they produce.
“These bills are an essential component of the Committee’s permitting reform efforts. The Clean Air Act is overdue for an update, outdated provisions are holding back American manufacturing. These three bills deliver permitting reform to remove those barriers, boost domestic production, unleash American energy, and lower costs for hardworking Americans.
“I urge all of my colleagues to join me in supporting H.R. 6409, H.R. 6398, and H.R. 6387. Thank you, and I yield.”
