NEWS RELEASE
Committee on Energy and Commerce Democrats
Congressman John D. Dingell, Ranking Member

Committee Marks Up Energy Legislation

Democrats to Offer Amendments to Overturn
Republican Provisions that Harm Environment

Washington, D.C. – Today the Committee on Energy and Commerce is expected to begin mark up on Titles I-IV of the Energy Policy Act of 2005. Democrats will offer the following amendments to overturn anti-environmental provisions in the Committee Print, which is modeled on the failed energy conference report from the last Congress:

Hydroelectric Relicensing

The bill includes a Republican provision to provide utilities seeking hydroelectric licenses special procedural supremacy and undermines the ability of natural resource agencies to protect fish and wildlife. An amendment by Ranking Member John D. Dingell replaces the committee print language on relicensing reform with bipartisan, consensus reform language from the 107th Congress. The amendment provides flexibility in the licensing process, while preserving environmental, fish, and wildlife protections, and allows any party to a licensing proceeding to propose an alternative.

Refinery Revitalization Act

The Refinery Revitalization Act, which was brought to the House floor without being considered in Committee last Congress, turns the Secretary of Energy into an environmental czar. Under this Act, the Secretary of Energy would control the procedures for obtaining State and Federal environmental permits for refineries, would control the timelines for reviewing and granting permit applications and could override a decision of EPA or State officials denying a permit. This preempts the authority of State officials who are charged with protecting public health.

Republicans argue that environmental permitting delays are keeping a large number of old refineries, which have closed over the past twenty years, from reopening to assist in producing gasoline for the American public. The EPA has reported that it is not aware of any pending permits under any environmental law for the restart of oil refineries that have closed in the past 20 years. The Refinery Revitalization Act is opposed by the Environmental Council of the States, National Conference of State Legislatures, League of United Latin American Citizens, the National Hispanic Environmental Council and many other organizations.

An amendment by Congresswoman Hilda L. Solis, Ranking Member of the Committee on Energy and Commerce Subcommittee on Environment and Hazardous Materials, would strike all of Title III, Subtitle D, the Refinery Revitalization Act.

Hydraulic Fracturing

A Republican provision in the bill eliminates all EPA authority under the Safe Drinking Water Act to protect sources of drinking water from improper or harmful hydraulic fracturing practices now or in the future. It eliminates existing statutory authority to ensure that hydraulic fracturing does not endanger underground sources of drinking water by removing hydraulic fracturing for oil and gas operations from the term “underground injection.”

An amendment by Congresswoman Diana DeGette would have the National Academy of Sciences review EPA’s evaluation, require the EPA to make a regulatory determination, and preserve EPA’s authority to protect underground sources of drinking water.

Another amendment by Congresswoman Solis would change Section 327 of the Committee Print to protect water supplies by banning the injection of diesel fuel as an additive in hydraulic fracturing into underground sources of drinking water.

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