The Committee on Energy and Commerce is the oldest standing legislative committee (established 1795) in the U.S. House of Representatives and is vested with the broadest jurisdiction of any congressional authorizing committee. The Energy and Commerce Committee is at the forefront of all issues and policies powering America’s economy, including our global competitive edge in energy, technology, and health care. The committee is led by E&C Chairman Brett Guthrie (KY-02) and E&C Ranking Member Frank Pallone (NJ-06). The Subcommittee on Environment is led by Chairman Gary Palmer (AL-06) and Ranking Member Paul Tonko (NY-20).
Thank you, Chairwoman Fox, Ranking Member McGovern, and the members of the Rules Committee
for the opportunity to testify before you today. I'm pleased to speak in support of three pieces
of legislation, H.R. 6409, the Fences Act, H.R. 6398, the Red Tape Act, H.R. 6387, the Fire Act.
All three bills are an important part of Energy and Commerce's permitting reform efforts.
The Fences Act, H.R. 6409, introduced by my colleague,
Congressman August Pfluger of Texas, ensures that states and local communities are not penalized
for foreign air emissions emanating outside the United States.
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
administration 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
natural 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 for federal sanctions.
The Red Tape Act, 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 impact.
EPA is often already involved in the NEPA review process as a cooperating agency. Requiring them
to provide 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 inefficiencies in the current NEPA process. The Fire Act, 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 burns 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.