Michael Burgess: “I rise to speak against the Motion to Instruct Conferees on the H.R. 6, The Energy Policy Act. As discussed thus far…”

“I rise to speak against the Motion to Instruct Conferees on the H.R. 6, The Energy Policy Act. As discussed thus far, under the Clean Air Act of 1990, areas designated as "severe" nonattainment areas, such as Houston, must meet the 1-hour standard by 2007, and Dallas, classified as "serious" areas was required to meet the 1-hour standard by 2005. Wind currents can transport ozone and its chemical components over long distances, which can have an adverse affect on the air quality of areas that are downwind of more severe nonattainment areas. For example, Houston's air quality can impact Dallas's air quality. In 1998, under the direction of President Clinton's EPA Administrator Carol Browner, the EPA promulgated transport policy rules that allowed the EPA to allow affected "moderate" and "serious" areas until 2007 to meet the 1-hour standard. This common sense rule simply allows cities to take into account the ozone that is transported from other cities. Strict judicial interpretation of the Clean Air Act of 1990 said that the EPA did not have statutory authority to promulgate this rule. As a strict constitutionalist, I was glad to see the judicial restraint exhibited by these decisions. However, I think it is important to note that Congress did not give the EPA this authority under the Clean Air Act of 1990 because Congress was not aware of the impact of ozone transport on air quality at that time.”