By Debra DeHaney-Howard
October 3, 2005

After a day of deliberations, the House Energy and Commerce Committee on September 29 approved by voice vote energy legislation that seeks to address the nation’s energy challenges as a result of Hurricanes Katrina and Rita. The legislation (H. R. 3893), The Gasoline for America’s Security Act of 2005, addresses a number of energy issues, including expanding oil refinery facilities.

In a September 27 statement on the bill, Conference of Mayors Executive Director Tom Cochran said, “We are appalled and shocked that Congress is moving to markup a proposal put forth by the Chairman of the House Energy Committee without input from the nation’s mayors or discussions with other public stakeholders.”

At the direction of Representative Joe Barton (TX), the Committee’s chairman and original author of the legislation (H. R. 3893), the House Committee disposed of a number of amendments by changing some provisions of the bill, defeating others and deferring others for further consideration before the legislation is brought before the full House, which is scheduled to vote on the legislation next week.

Cochran said, “While we support Congress’s efforts to address the nation’s energy challenges, we adamantly oppose at this critical time in the nation’s history any move to strip state and local governments of their authority.”

Among the many issues debated were the provisions relating to the Clean Air Act. The energy legislation, among other things, seeks to relax the New Source Review standards – a provision under the Clean Air Act that outlines the type of pollution control technology placed on new and updated facilities – not just for new refineries but for all 18,000 sources of emissions.

“If this bill becomes law, these modifications could have a detrimental impact on the nation’s ability to achieve clean air standards set forth by the Environmental Protection Agency (EPA) and the states to protect public health”, said Conference Advisory Board Chairman Trenton Mayor Douglas Palmer during a September 29 appearance on CNBC. Over 500 counties in the nation are considered in “non attainment” (or they don’t meet the EPA standards for clean air).

Palmer further stated “we are not opposed to constructing or expanding refineries, but are concerned that this energy bill that has been debated without public hearings would change current Clean Air Act requirements that could affect the health of millions of Americans who live in communities across the nation.”

The bill also puts the Department of Energy (DOE) in charge of permitting for new refineries without any consideration of existing authorities and permits, which was previously handled by the EPA. It also gives the President the authority to construct a refinery on a closed military base and also requires all court cases over siting issues to be heard in the District of Columbia Court of Appeals – not the state circuit courts.