On the recordOctober 5, 2011
The amendment offered by the gentleman would set a 3- year compliance date and allow case-by-case extensions for up to 2 years if the administrator of EPA determines that there is a compelling need to do so. The purpose, of course, of this legislation is to protect health, provide feasibility and regulatory certainty, protect jobs, and minimize plant shutdowns. Under the Clean Air Act, sources already have 3 years to comply with section 112 standards for cement kilns, with a potential 1-year extension by the EPA administrator or a State- permitting authority. This amendment would allow for a second possible 1-year extension, so a source might be able to get 5 years for compliance. The amendment would impose additional regulatory burdens on both the EPA and those facilities trying to comply. It would require a facility to compile evidence to justify the need for an additional year, and would require the administrator to make a case-by-case determination about whether that justification is compelling. All of the testimony in the hearings on this indicated that the current 3-year compliance timeframe is simply not workable and a definitive period of at least 5 years is needed. And so for that reason, with all due respect, we would urge the defeat of the gentleman's amendment. Mr. Chairman, I yield back the balance of my time.
