Reining in the Obama Administration’s Regulatory Agenda

The bureaucracy should serve, not rule the people. As Ranking Member of the EPW Committee, Senator Inhofe oversees activities at the Environmental Protection Agency (EPA) and other energy and environmental agencies under the Obama Administration. While regulations are needed to protect the environment and ensure clean air and water, Senator Inhofe has fought against regulations that destroy jobs, raise energy costs for consumers, and provide no meaningful environmental benefits. The following is a list of the regulations Senator Inhofe challenged, several of the initiatives he led to beat them back, and efforts to highlight the Obama Administration's overreaching bureaucracy:

The Obama Administration Endangerment Finding - When the Obama Administration could not achieve cap-and-trade through legislation, they implemented a plan to achieve carbon regulation through the back door. EPA's finding that carbon dioxide endangers public health-a finding based on the flawed science of the UN's Intergovernmental Panel on Climate Change-set in motion a raft of burdensome regulations that are stifling job creation, new construction, and technological innovation. Sen. Inhofe has introduced the Energy Tax Prevention Act of 2011 to remove EPA's authority to regulate carbon dioxide and stop EPA from raising prices for electricity and gasoline. The bill will put Congress, not unaccountable bureaucrats, in charge of deciding the nation's energy policy. Link

The Obama-EPA Revised Ozone Rule - On January 6, 2010, the EPA proposed to tighten the national ambient air quality standards (NAAQS) for ground-level ozone. The EPA estimates that these rules will cost $19 to $90 billion, making them the most expensive EPA regulations ever proposed. If these rules go into effect, many communities across Oklahoma and the nation, which are currently not in violation of ozone standards, will be in "non-attainment," which means that they could be considered on the "dirty air list." At least nine counties in Oklahoma- Canadian, Cherokee, Comanche, Creek, Kay, Mayes, Oklahoma, Ottawa and Tulsa-face this threat, even as air pollution levels continue to decline. In short, "non-attainment" means "closed for business" and Sen. Inhofe continues to lead the fight for the EPA to throw out these revised standards. Link

Hydraulic Fracturing - Hydraulic fracturing is vital to Oklahoma and the nation's development of natural gas. Yet the practice of fracking is under attack by environmental activists who claim that fracturing contaminates drinking water. But this is not the case. Since the first use of hydraulic fracturing in 1949 near Duncun, Oklahoma, there has not been one documented case of water contamination. Link

Ethanol Mandate - With the passage of the Energy Independence and Security Act of 2007 (EISA), Congress doubled the corn-based ethanol mandate despite mounting questions surrounding its compatibility with existing engines, its transportation and infrastructure needs, and its economic sustainability-and now the EPA has approved E15 gasoline. In Oklahoma, this means that more and more retail gas stations no longer have the ability to sell 100 percent gasoline (clear gasoline), which many Oklahomans prefer. In response, Sen. Inhofe introduced legislation that would allow states like Oklahoma to opt out of the these mandates so that consumers will have a choice at the pump whether to buy clear gasoline or ethanol. Link

Utility MACT/Transport Rule - Could result in shutting 20 percent of nation's coal fleet - EPA's Utility Maximum Achievable Control Technology (MACT) rules and Transport rules will force the retirement of 30 to 100 gigawatts of coal-fired electricity. Put another way, that's the potential elimination of 20 percent of America's coal fleet, along with thousands of jobs. Consider where the pain will hurt most: West Virginia, 90 percent coal-fired; Ohio, 80 percent coal-fired; Michigan, 60 percent coal-fired; Minnesota, 60 percent coal-fired; and Wisconsin, 66 percent coal-fired. Don't forget Pennsylvania, which, according to the Energy Information Administration, is "a major coal-producing State" that "sells about one-half of its coal output to other States throughout the East Coast and Midwest." According to an analysis by Unions for Jobs and the Environment (UJAE), an umbrella group of labor unions including the Teamsters and United Mine Workers, 16 coal-fired plants in West Virginia, 38 in Ohio, 32 in Michigan, 24 in Indiana, 21 in Pennsylvania, and 21 in Wisconsin are "at risk" of shutting down because of EPA rules.

Boiler MACT - Boiler Maximum Achievable Control Technology (MACT) would impose stringent emission limits and monitoring requirements for eleven subcategories of boilers and process heaters. This proposed rule covers industrial boilers used in manufacturing, processing, mining, refining, as well as commercial boilers used in malls, laundries, apartments, restaurants, and hotels. The Industrial Energy Consumers of America (IECA), which represents companies with 750,000 employees, said that they are "enormously concerned that the high costs" of the Boiler MACT "will leave companies no recourse but to shut down the entire facility, not just the boiler." IHS-Global Insight concluded that the proposal could put up to 798,250 jobs at risk. Moreover, they said every $1 billion spent on upgrade and compliance costs will put 16,000 jobs at risk and reduce US GDP by as much as $1.2 billion. EPA's pending Boiler MACT regulations would impact Oklahoma. Covanta Energy, which in 2008 reopened the Walter B. Hall Resource Recovery Facility, a waste-to-energy plant that can process up to 1,125 tons of municipal solid waste per day and generate 240,000 pounds of steam per hour, would be forced to install costly controls. Link

Portland Cement MACT - According to EPA, "A projected 181 Portland cement kilns will be operating at approximately 100 facilities in the United States in the year 2013." EPA's new emissions standards under Section 112 of the Clean Air Act will apply to 158 of those kilns. About seven kilns will be subject to EPA's new source performance standards under Section 111 of the CAA. The cement industry is essential to America's economy. According to a study by the Maguire Energy Institute at Southern Methodist University (SMU), the cement manufacturing industry in 2008: Produced $27.5 billion in GDP; $931 million in indirect tax revenue for state and local governments; and Sustained 15,000 high-paying jobs. In addition to those 15,000 direct jobs, the industry has an "induced employment" effect, which helps create and sustain an additional 153,000 jobs. "Importantly," the Maguire Energy Institute noted, "these are primarily high-wage jobs generating about $7.5 billion annually in wages and benefits." According to the Portland Cement Association, EPA's rule puts up to 18 cement plants at risk of shutting down, threatening nearly 1,800 direct jobs and 9,000 indirect jobs. Link

Lead-Based Paint Rule - Sen. Inhofe held the EPA accountable for its botched implementation of the "Lead: Renovation, Repair and Painting" (Lead RRP) rule, which went into effect on April 22, 2010. The intent of the rule is to reduce pregnant women's and children's exposure to lead from dust caused by renovations. The rule requires that renovations in homes built before 1978 which disturb more than six square feet of paint be supervised by a certified renovator and conducted by a certified renovation firm. While Sen. Inhofe supports the intent of the rule, he raised serious concerns with the rule's implementation. For example, by April 22, 2010, EPA had accredited only 204 training providers nationwide. While the lead rule affects more than 70 million homes in America, numerous states were left without a single certification training class instructor. Sen. Inhofe succeeded in passing legislation to postpone enforcement of the lead rule-effectively giving states more time to provide certified trainers and prevent costly penalties for small businesses. Shortly thereafter, the EPA announced a delay in enforcement of the rule, acknowledging Sen. Inhofe's concerns. Link

EPA Region 6 Oversight - Sen. Inhofe expressed numerous concerns about officials from EPA's Region 6 headquarters who were undermining the longstanding federal-state partnership between the agency and Oklahoma. Region 6 also was pursuing policies that were putting jobs and businesses at risk in the state. As Sen. Inhofe wrote, "These actions could threaten jobs and local economies in the states over which Region 6 wields authority. Environmental protection is an important priority, but it shouldn't exist in a vacuum, absent considerations about jobs and economic growth." Link

EPA Consideration of Banning Lead Ammo - When the EPA considered banning lead in ammunition, Sen. Inhofe immediately intervened, noting that the EPA lacks the authority to carry out such a ban. In August of 2010, the EPA admitted that Sen. Inhofe was right: ammunition could not be regulated under the Toxic Substances Control Act. Link

Farm Dust Rule - The EPA is considering imposing the most stringent and unparalleled regulation of dust in our nation's history. Twenty-one Senators, including Senator Inhofe, wrote a letter to the EPA voicing their strong opposition, explaining that if approved, these rules would be extremely burdensome for farmers and ranchers across the country. Link

Obama Administration's Oil and Gas Tax Increases - For the third time in one year, Sen. Inhofe led the effort to defeat the Democrats' plan to punish countless, smaller, independent oil and gas producers throughout the country. Raising taxes on our oil and gas industry will only hurt small, independent oil and gas companies, put thousands of jobs at risk, and drive up the cost of gasoline for every American. Link

Opposed EPA Rule on Scrap Tires - When the EPA was considering excluding "processed" or shredded tires from the new Subtitle D definition of solid waste, (which could ban the use of whole scrap tires as a non-hazardous alternative fuel, particularly in cement kilns), Sen. Inhofe, along with the Oklahoma Congressional delegation, sent a letter to EPA Administrator Lisa Jackson explaining that "Tire-derived fuel facilities in the state of Oklahoma utilize over 50 % of the state of Oklahoma's waste tires for energy recovery. Not only is this a good recycling practice that conserves our natural resources...This practice is an environmental and economic success story that should not be discouraged." Link

Opposed the Clean Water Restoration Act (S. 787), the "biggest power grab in a generation" - Sen. Inhofe led the fight against this bill sponsored by former Senator Feingold (D-Wis.), which would have empowered the federal government to regulate practically every body of water in the country, no matter how small. As Sen. Inhofe put it, the bill would have "extend[ed] the scope and reach of federal water jurisdiction beyond anything that ever existed under the Clean Water Act." Link

Leads Opposition to EPA Water Permitting Guidance - Sen. Inhofe said, "EPA's interpretation of the Clean Water Act, as reflected in this guidance knows no bounds, as the agency sees nearly every body of water in the United States, no matter how insignificant, as potentially falling within its reach." Sen. Inhofe has called for a Congressional vote on how far federal authority should extend over the nation's waters. Link

Inhofe, Oklahoma Delegation Urge EPA To Keep Water Quality Program - Concerned that the EPA was neglecting funding for the polluted runoff program under the Clean Water Act, which has been crucial to the health of Tulsa's water quality, Sen. Inhofe, along with the Oklahoma congressional delegation, intervened. They wrote a letter to EPA Administrator Lisa Jackson, arguing that such measures would impede future efforts to reduce pollution, including those made by Oklahomans who have worked hard to achieve significant improvements to the state's waters. Link

Stimulus Dollars Tar Creek - Sen. Inhofe recognized that over $135,000 of the federal stimulus funding directed towards Oklahoma was going to a town soon to be permanently shut down. Sen. Inhofe, who opposed bailout after bailout in Washington DC, worked with Congressman Dan Boren (D-Okla.) to stop this wasteful flow of taxpayer money, which could be put to better use elsewhere. Link

Protecting Prescribed Burns for Tall Grass Prairies - Sen. Inhofe joined Sen. Jerry Moran (R-Kan.) to introduce the Flint Hills Preservation Act-a bill that will protect the ability of landowners to use prescribed burns as a tool to preserve the tallgrass prairie ecosystem in the Flint and Osage Hills. Prescribed burning is a proven land management practice: it protects the ecosystem by reducing the chances of destructive wildfires, and it enhances grazing land and keeps pastures free from invasive species. This bill prevents the EPA from including smoke from prescribed fires in its determination of attainment under the National Ambient Air Quality Standards. Link

Oversight of EPA Funding for Diesel Emissions Reduction Act of 2010 - Sen. Inhofe, working closely with Sen. Tom Carper (D-Del.), former Sen. George V. Voinovich (R-Ohio), and Sen. Barbara Boxer (D-Calif.), helped pass the Diesel Emissions Reduction Act of 2010 (DERA), which was signed into law this January. DERA is a model of bipartisan legislation, as it strikes the appropriate balance between continuing the nation's, and Oklahoma's, success in reducing emissions without putting jobs and small businesses at risk. However, the EPA's 2012 budget proposal eliminates funding for DERA in favor of increased levels of spending on its global warming agenda. Sen. Inhofe called the EPA out saying, "This is a classic-bait and switch-a tactic which this President and this EPA are making routine practice. You see, the President knows that Congress will restore the funding. So the move allows him to appear fiscally responsible, knowing full well that the program will continue." Link

Addresses Unfunded Mandates through the Small System Safe Drinking Water Bill - In May, 2011, Sen. Inhofe introduced this bill which helps small water systems comply with federal drinking water standards by requiring that the Environmental Protection Agency (EPA) utilize all the affordability provisions provided under the 1996 Safe Drinking Water Act amendments (SDWA), which are designed to help water systems in smaller communities come into compliance. In particular, it requires the federal government to pay for the unfunded mandates created by these regulations: it ensures that EPA cannot take an enforcement action against a water system serving less than 10,000 people without first ensuring that it has sufficient funds to meet the requirements of the regulation. Link

Inhofe, Johanns Introduce Comprehensive Assessment of Regulations on the Economy (CARE) Act - Sen. Inhofe joined Sen. Mike Johanns to introduce the CARE Act-a bill that requires the EPA, in conjunction with other relevant federal departments and agencies, to determine the total cost of several major rules it is preparing to issue. This bill directly addresses the problem that EPA has refused to conduct an analysis examining the total economic impact of its rules on jobs; retail electricity rates and gasoline prices; power plant closures; state and local governments; small businesses; electric reliability; and energy-intensive manufacturers. As Sen. Inhofe said, "This bill is about transparency: the public needs to know the full cost of these rules and the impacts when they fill up at the pump and flip the light switch. It will also help guide and inform Congress as it decides how best to deal with the unprecedented barrage of rules coming out of EPA." Link

Bill to Reduce Environmental Paperwork Burden Passes Committee - Sen. Inhofe cosponsored the Hazardous Waste Electronic Manifest Establishment Act, introduced by Sen. John Thune, which greatly mitigates the paperwork burden for waste disposal. For the past 25 years, the EPA required carbon copy paper manifests to accompany waste materials when they are transported for ultimate storage or disposal, which is commonly referred to as "cradle to grave" documentation. This bill improves record keep and federal oversight over hazardous waste transportation, saving $60- $80 million a year. It now awaits consideration on the Senate floor. Link

Fighting EPA's Overreach in Oklahoma on Regional Haze - The EPA has rejected Oklahoma's affordable plan to reduce regional haze and improve visibility in national parks in favor of a much more expensive federal plan. The Oklahoma Department of Environmental Quality did the right thing: State officials worked with state utilities to construct a plan for regional haze that allows for fuel flexibility and balances environmental protection with the need for affordable energy. EPA's decision, on the other hand, could cost state utilities $2 billion while providing less environmental benefits than the state plan-and Oklahoma families, farmers and manufacturers would undoubtedly foot the bill. In response Sen. Inhofe requested that the EPA hold hearings in Oklahoma on this decision, and these took place in Tulsa and Oklahoma City in April. He has also introduced draft legislation which seeks to make sure that policies to reduce regional haze and improve visibility in national parks, which affect local families, farmers, and businesses, are made by local governments to the greatest extent possible. Link

EPW Minority Oversight Reports:

Senate Report: The Real Story Behind China's Energy Policy: "The Real Story Behind China's Energy Policy - And What American Can Learn From It" - The report released by the Inhofe-EPW staff in December 2010 shows that, regardless of its wind and solar production, China is predominantly relying on coal, oil, and natural gas, along with hydro and nuclear power, to fuel its economy. Non-hydro renewables, despite considerable government support, make up less than 1 percent of China's energy portfolio - a fact that won't change for at least the next two decades. America has an array of clean energy technologies that are readily deployable, the report finds. Their development can create thousands of jobs, provide affordable, reliable energy, and keep America's manufacturers globally competitive, especially with China. But activists groups oppose, and in some cases have successfully delayed or stopped, nearly all of them.

EPA's Anti-Industrial Policy: Threatening Jobs and America's Manufacturing Base - This Senate report released in September shows that EPA's regulations are unrivaled in the harm they pose to America's economy. The report focuses on four of EPA's most egregiously anti-business proposals and how they will cost jobs and undermine America's global competitiveness with China.

Failure of Leadership: President Obama and the Flawed Federal Response to the BP Disaster - This report released on August 5, 2010 concludes that "President Obama and Administration officials failed in several instances to remove regulatory and bureaucratic impediments and to ensure that proper and adequate resources were brought to bear in addressing the BP disaster." The report documents various constitutional and legal authorities available to President Obama and federal agencies under his control--authorities that could have enabled them to respond to the BP disaster as expeditiously as possible. Yet, as the Senate report explains, in many important instances, these authorities were either ignored or fitfully exercised.

Senate Report: The Obama Administration's Obstruction of Coal Mining Permits in Appalachia - Senator Inhofe's investigation found that the Obama Administration is using the Clean Water Act Section 404 permitting process to dismantle the coal industry in the Appalachian region. After a thorough investigation of the 235 coal mining 404 Permits that were under review by EPA as of May 11, 2009, Inhofe-EPW Committee staff found that their obstruction is having a deleterious effect on rural jobs, energy production and small businesses in Appalachia. Since the initiation of this investigation, EPA issued 45 of the 235 permits, which allowed these projects to move forward. Our investigation, which included gathering information from EPA as well as conducting detailed interviews with permit applicants, found that the remaining 190 coal mining operations tied up at EPA are expected to produce over 2 billion tons of coal (throughout the life of operations) and support roughly 17,806 new and existing jobs as well as 81 small businesses. To put this in perspective, unless EPA releases the remaining 190 permits: Roughly 1 in every 4 coal mining jobs in the Appalachian region will be at risk of elimination, 81 small businesses will lose significant income and will be at risk of bankruptcy and over 2 years of America's coal supply will be in jeopardy. These impacts hit especially hard in West Virginia and Kentucky, where the majority of the delayed mining operations are located. EPA's actions, or lack thereof, will also impact other Appalachian states, including Ohio, Pennsylvania, Virginia, Tennessee and Alabama.

Senate Report on Climategate - When the scandal known as Climategate broke, Senator Inhofe released a Minority Report to investigate the implications.The Minority Staff found that some of the world's leading climate scientists engaged in unethical behavior and possibly violated federal laws.Many of these scientists appear to have: manipulated data to fit preconceived conclusions; obstructed freedom-of-information requests and dissemination of climate data; and colluded to pressure journal editors against publishing scientific work contrary to their own. The UK government has already found that scientists from the Climatic Research Unit, or CRU, who are the center of this scandal, violated its Freedom of Information Act. Also, many of the scientists involved in this scandal worked for the UN's IPCC and helped compile their 2007 Fourth Assessment Report. That's important because this IPCC report is a primary basis for the EPA's endangerment finding-a finding that would allow the agency to regulate greenhouse gases under the Clean Air Act. The media also uncovered several errors and mistakes in the IPCC report, which undermines the credibility of their global warming science.