Opening Statement of Senator Joseph I. Lieberman
EPW Subcommittee on Clean Air, Wetlands, Private Property and Nuclear Safety
Hearing on EPA's NOX SIP Call

Thank you, Mr. Chairman, for holding today's hearing on EPA's proposal for addressing transport of ozone air pollution. I am pleased to welcome Jane Stahl, from Connecticut's Department of Environmental Protection, as one of our witnesses, and I look forward to hearing her testimony on this important issue.

Ms. Stahl is here today for the same reason that I am, which is to express our dismay that Connecticut is choking on the exhaust of others, the health of our residents is at risk, and our government has been rendered all but powerless to do anything about it. If this sounds strong, it is meant to. Although the subject of our discussion may sound arcane and theoretical the consequences involved are real and threatening.

Sadly the problems I just described are nothing new to Connecticut or its neighbors. We have been plagued by the transport of ozone air pollution - the main harmful ingredient in smog - from Midwestern states since the passage of the Clean Air Act Amendments of 1970. And plagued is no exaggeration. Transported pollution entering into our region has been measured at levels that exceed the public health standard by 80%. Ground level ozone damages lung tissue, reduces lung function, and sensitizes the lungs to other irritants. Children are particularly vulnerable to these ailments.

A tremendous body of scientific research has been developed and reviewed by the Ozone Transport Commission, which was created by the Clean Air Act Amendments of 1990, to understand both the sources and consequences of transported pollution. Building on that research, a partnership effort by EPA, states, industry and environmental groups, was instituted in 1995 to develop air quality modeling and recommendations for solving what we all acknowledge to be a complicated problem. And in October of last year, EPA issued a final rule that reflected the input of these diverse stakeholders. The "NOX SIP Call Rule," as it is known, established a regional cap and trade program for large sources of NOX emissions in 22 Eastern States and the District of Columbia.

In my view, the rule is not only sensible, it is essential as a practical tool to protect public health and retain flexibility in implementing pollution reductions. Unfortunately, just last month, the D.C. Circuit Court issued a partial stay on the proposed rule. The stay was not issued because the rule isn't needed -- the air is just as dirty today as it was before the ruling. It was issued because the rule is caught up in a separate dispute regarding delegation of authority in establishing new standards for measuring ozone pollution.

I am hopeful that this challenge will be rejected, but in the meantime, I think it is important to emphasize what is not being challenged - the need to establish strong standards to protect the public from dangerous health effects caused by smog and soot. It is precisely this public health concern that reminds us that we cannot turn our backs on instituting a regional and responsible plan to curb dangerous levels of pollution.

The NOX SIP Call Rule would achieve dramatic air quality benefits in an equitable manner. Approximately 67 million people east of the Mississippi River live in areas that have unhealthy levels of smog. EPA estimates that every year implementation of the controls proposed in the regional plan are delayed, there are between 200-800 premature deaths, thousands of additional incidences of moderate to severe respiratory symptoms in children, and hundreds of thousands of children suffering from breathing difficulties.

This threat was localized and personalized for me over the Memorial Day weekend, when citizens of Connecticut suffered through several days of smoggy air that prompted state officials to ask people to drive less, avoid drive-up windows, and put off mowing the lawn. Health officials advised people to stay indoors and to avoid outdoor work and exercise.

Court actions are not just tying the hands of EPA in legal red tape, but they are also blocking our state from effectively protecting its citizens. It is impossible for Connecticut to achieve pollution standards that are required by law without regional action. In fact, even if Connecticut removed every car from the road, we would still be in violation of the one hour standard.

Some say that the required regional controls are draconian, and will lead to disruption of power service delivery. Yet Northeast Utilities, a Connecticut company, has demonstrated that the reductions are achievable and that the technology is available to meet the requirements without disruption to customers. The Tennessee Valley Authority has also announced plans to implement state of the art controls to address ozone pollution.

What are draconian are the costs that Northeast states will incur if we fail to adopt regional controls. Right now utilities in Southern and Midwestern states emit over 4.5 times more NOX emissions than Northeastern utilities. A study by the Northeast States for Coordinated Air Use Management found that we will have to pay between $1.4 and $3.9 billion for additional local controls to reduce ozone pollution if six upwind states fail to implement the NOX rule requirements.

Ozone transport is a problem that is real, and can only be solved with a regional remedy. The NOX SIP Call Rule is a reasonable, balanced proposal, allowing states flexibility in achieving reductions needed to protect public health. I look forward to hearing from our witnesses about how we can achieve the important goal of safeguarding public health.