NORA News Alert: US House passes NORA-Backed EPA Regulatory Relief Act - Long Road Still Ahead
NORA-Backed EPA Regulatory Relief Act of 2011 Approved by US House: Long Road Still Ahead
By a vote of 275-142, the US House of Representatives approved HR 2250, known as the EPA Regulatory Relief Act of 2011. Supporting HR 2250 were 234 Republicans and 41 Democrats.
NORA has been working with a broad based coalition of trade associations on a two-pronged strategy related to EPA's misguided rule called "Identification of Non-Hazardous Secondary Materials That Are A Solid Waste". On one front, the NORA Board has decided to sue the EPA regarding the rule. On the other front, NORA is working to obtain a legislative solution.
The House Legislative Fix
HR 2250 would would make it more difficult for EPA to define materials, such as used oil, as a solid waste. The legislation would also extend the timeline to implement the rule.
According to one news report, the "bill is part of a barrage of EPA-related bills Republicans are offering in an effort to point to the agency as the source of bureaucratic red tape, overzealous enforcement and unreasonable costs compared to benefits that they say hamstring small businesses and the American economy."
Corresponding Senate Bill Faces an Uphill Battle
A corresponding Senate Bill (S. 1392) was introduced by Senator Collins of Maine and supported by Senator Wyden of Oregon. The bill currently has 36 Senators supporting it.
S. 1392 is actually more favorable to NORA members because it specifically states that the EPA "shall publish a list of nonhazardous secondary materials that are NOT solid waste when combusted in units designed for energy recovery, including... all used oil that qualifies as recycled oil under section 1004 of the Solid Waste Disposal Act."
S. 1392 has been referred to the Environment and Public Works Committee. Chairwoman Barbara Boxer of California has vowed to hold off the bill.
White House Issues Veto Threat
The White House has istated that the Administration strongly opposes HR 2250. His senior advisers have stated that if the President is presented with HR 2250, they would recommend he veto the bill.
Next Steps
All NORA members are encouraged to review the list of US Senators below who have co-sponsored S. 1392. If your Senator(s) is not on the list, NORA encourages you to contact their office and ask them to co-sponsor S. 1392, the EPA Regulatory Relief Act of 2011.
US Senators Supporting
NORA-Backed S. 1392, EPA Regulatory Relief Act of 2011
Sen Alexander, Lamar [TN]
Sen Blunt, Roy [MO]
Sen Boozman, John [AR]
Sen Burr, Richard [NC]
Sen Chambliss, Saxby [GA]
Sen Cochran, Thad [MS]
Sen Collins, Susan M. [ME]
Sen Corker, Bob [TN]
Sen Cornyn, John [TX]
Sen Crapo, Mike [ID]
Sen Hagan, Kay [NC]
Sen Hatch, Orrin G. [UT]
Sen Hoeven, John [ND]
Sen Isakson, Johnny [GA]
Sen Johanns, Mike [NE]
Sen Johnson, Ron [WI]
Sen Kirk, Mark Steven [IL]
Sen Kohl, Herb [WI]
Sen Landrieu, Mary L. [LA]
Sen Manchin, Joe, III [WV]
Sen McCaskill, Claire [MO]
Sen Mikulski, Barbara A. [MD]
Sen Moran, Jerry [KS]
Sen Murkowski, Lisa [AK]
Sen Nelson, Bill [FL]
Sen Nelson, E. Benjamin [NE]
Sen Portman, Rob [OH]
Sen Pryor, Mark L. [AR]
Sen Risch, James E. [ID]
Sen Sessions, Jeff [AL]
Sen Shelby, Richard C. [AL]
Sen Toomey, Pat [PA]
Sen Vitter, David [LA]
Sen Webb, Jim [VA]
Sen Wicker, Roger F. [MS]
Sen Wyden, Ron [OR]
NORA will continue to work on both the legislative front and and the litigation front to defend the ability of NORA members to responsibly recycle used oil.
A detailed report on this subject will be provided at the NORA Annual Conference in Hawaii. All members should strongly consider supporting the NORA EPA Lawsuit Defense Fund related to this effort so the association has the appropriate resources to vigorously defend the industry.
If you have any questions, please let me know. Thank you for being a member of NORA.
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