On the recordNovember 20, 2014
The reason I qualified it is because I see no reason to oppose the amendment. It is not objectionable. But it doesn't actually fix the bill's four problems. Subsection 3(b) of the bill gives new sources amnesty from compliance with a new or revised air quality standard until EPA issues rules and guidance on the implementation of the air quality standard. The provision effectively creates two classes of sources. New sources would be permitted under the outdated and less protected air standard, but existing sources would be permitted under the updated, more protective standards. This amendment doesn't affect this requirement in any way. The Whitfield amendment says that States can set their own more stringent air quality standards under State law. I don't disagree with that. Section 116 of the Clean Air Act already gives the States the right to adopt more stringent air quality standards. It has been in the Clean Air Act for decades. That is fine as far as it goes, but it doesn't address our concern with subsection 3(b). If my colleagues are in favor of State flexibility, they should either oppose the underlying bill entirely or support the State opt-out amendment. The Whitfield amendment does not provide them any relief from the loophole and procedural burden envisioned under the bill. I don't object to this amendment as it doesn't make the bill worse. It doesn't make it worse, but it doesn't make it better.…





