On the recordOctober 6, 2011
The gentleman's amendment would simply add an additional paragraph at the end of section 5 of our bill, and basically it would say that section 5 in our bill would not be construed to supersede any requirement, limitation or other provision of sections 112 and 129 of the Clean Air Act. And because his amendment would say ``it does not supersede'' is the reason that we want to oppose the amendment. Now section 5 says this, and this is what we want to supersede section 112 and 129 of the Clean Air Act, in promulgating rules, the administrator shall ensure that emission standards for existing and new sources established under section 112 or 129 can be met under actual operating conditions consistently and concurrently with emissions standards for all other air pollutants regulated by the rule for the source category taking into account variability and actual source performance, source design, fuels, input, controls, ability to measure pollutants' emissions and operating conditions. In other words, we want to be sure that can be met under actual operating conditions. And then the second part of our section 5 that we want to be sure supersedes, which this amendment would not allow, is that we put in section 5 the President's own executive order in which he says that the administrator shall impose the least burdensome regulation consistent with the purposes of the act.…
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