NACAA Comments to Senate on S. 839 & S. 1857

June 25, 2018NACAA sent a letter to the Chairs and Ranking Members of the Senate Environment and Public Works (EPW) Committee and the EPW Subcommittee on Clean Air and Nuclear Safety, Senators John Barrasso (R-WY), Tom Carper (D-DE), Shelley Moore Capito (R-WV) and Sheldon Whitehouse (D-RI), respectively, to express concerns with provisions of S. 839 and S. 1857, two bills currently pending before the EPW Committee.  S. 839 (the Brick Act) would extend the compliance date for the Brick and Clay Maximum Achievable Control Technology (MACT) standard until all judicial review is complete and S. 1857 (the Relief from New Source Performance Standards [NSPS] Act) would delay by three years, until May 2023, the Step 2 NSPS for new residential wood heaters, pellet stoves, hydronic heaters and forced air furnaces.  With respect to the Brick Act, NACAA noted that the bill’s extension of the compliance deadline until the completion of judicial review creates the unintended consequence of being open-ended and potentially indefinite, thus increasing uncertainty for the regulated community and regulators and removing the essential assurances that a known deadline provides.  It would also present a potentially damaging and unnecessary precedent for future rules.  Finally, open-ended deadlines and their associated compliance delays would result in ongoing emissions of hazardous air pollutants.  With respect to the Relief from NSPS Act, NACAA noted wok smoke contains a mixture of harmful substances that penetrate deep into the lungs. Many states are relying on the emission reductions that will result from the Step 2 NSPS to attain and maintain the NAAQS and/or meet other clean air goals and have included these reductions in their State Implementation Plans.  Without those reductions, some areas may have no choice but to pursue or build upon their own residential wood heater regulatory programs in order to ensure the anticipated reductions are realized.  In addition, multiple manufacturers have already met and surpassed the Step 2 standards that are to take effect in 2020.  A delay in the compliance deadline would not only adversely affect public health it would also be unfair to these manufacturers by creating an uneven playing field, negating the value of their investment and harming their ability to provide high-paying jobs and contribute to the economy.