Statement of Senator James Inhofe
Acid Deposition Act

Before we begin today's hearing, I would like to point out that today is the twelfth hearing of our subcommittee this Congress. We have covered a broad range of issues: - a series of six hearings on the NAAQS standards, ozone and PM, - hearings on Regional Haze and Mercury, - a hearing on wetlands, - the first NRC hearing in four years, and - the first general FEMA hearing in seven years.

In addition we marked up a FEMA Bill and passed into law a very important amendment on the NAAQS standards which was included in the Highway Bill. Those who talk about a do-nothing Congress are ignoring one of the most important roles of Congress, that of oversight. An important measure of a Congress is how it preforms its oversight responsibilities. I am proud of the number of oversight hearings we have held and the variety of topics. However, I will say for every hearing held there is probably another ten topics that deserve hearings. In the next Congress, it is my intention to increase the oversight responsibilities of this Subcommittee.

Today's hearing is on Senator Moynihan and Senator D'Amato's acid rain bill, S. 1097. The Bill calls for a new Cap and Trade program for nitrogen oxides and a lowering of the current Cap for sulfur dioxide, in order to reduce acid rain.

This hearing, follows by two weeks, the recent rulemaking by the EPA to reduce nitrogen oxides in the Eastern 22 State area through the OTAG process. That rulemaking places limits for NOx emissions by State. While the Clean Air Act does not authorize a trading program for NOx, I certainly support market-based approaches, like the one in S. 1097, for dealing with pollution. Three weeks ago I gave a Clean Air Reauthorization speech in which I called for more market-based approaches to be incorporated into the Act. I intend for reauthorization hearings to cover this topic next year.

I would like to ask today's witnesses to keep these two points in mind during your testimony.

1) The need to incorporate more market-based approaches into the Clean Air Act, for example by broadening the cap and trade programs, and

2) The effect of this legislation in light of the recent OTAG rule.

I do have concerns, however, in how the EPA is layering regulation upon regulation. Just in the last year we have had the new ozone standard, the Particulate Matter standard, and the Regional Haze rule; all addressing the same particles. Now we have the new SIP call for NOx. While it appears that they are trying to turn these particles into endangered species; the effect is they are turning jobs into endangered species; particularly coal miners. This next year, I will be asking the General Accounting Office to examine the cumulative impacts of all of these regulatory programs on the economy.

We have a very distinguished first panel today, the primary sponsors of the legislation. Senators Moynihan and D'Amato and Congressman Solomon, the lead sponsor for the House companion Bill. While I may not agree with everything in the legislation, we can certainly find common ground in their market-based approach to the problem.