Scott, Wicker and Griffith Applaud the Rollback of Biden-Era EPA Rule

WASHINGTON — U.S. Senators Tim Scott (R-S.C) and Roger Wicker (R-Miss.) and Congressman Morgan Griffith (R-Va.) celebrated the passage of the Congressional Review Act (CRA) resolution to overturn the unnecessary U.S. Environmental Protection Agency’s (EPA) Rubber Tire Manufacturing National Emissions Standards for Hazardous Air Pollutants (NESHAP) rule in the Senate. 

“I am happy we are one step closer to eliminating the Biden-era NESHAP rule driven by radical environmentalism that did nothing but hurt workers and businesses across the nation,” said Senator Scott. “Republican leadership continues to deliver for the American people by getting rid of government overreach and inefficiency and paving the way for productivity and prosperity.”

“The Biden administration forced needless regulations on American tire manufactures and producers. Increasing the NESHAP standard puts an unnecessary financial and environmental burden on rubber manufacturing facilities. Reversing this decision will protect jobs and bring back the time-tested NESHAP rule, which has kept our environment clean and our communities safe,” said Senator Wicker.

“House and Senate Republicans are acting decisively to repeal onerous regulations from the Biden EPA, like the rubber tire manufacturing rule, that do very little to serve public health. Like many of regulations issued during the waning days of the Biden-Harris Administration, the rubber tire manufacturing emission standard utilized questionable emissions data and pointed to negligible health benefits as justification for the rule. Thanks to strong conservative leaders in the Senate, like Senators Tim Scott and Roger Wicker, Congress is exercising its authority to undo this harmful Biden EPA measure and provide relief to America’s rubber tire manufacturers,” said Rep. Griffith.

In addition to Senators Scott and Wicker, the resolution is cosponsored by Senators Lindsey Graham (R-S.C.), Shelley Moore Capito (R-W.Va.), Marsha Blackburn (R-Tenn.), Cindy Hyde-Smith (R-Miss.), and Tim Sheehy (R-Mont.).

In the House of Representatives, additional cosponsors include Reps. Gary Palmer (R-Ala.), Derek Schmidt (R-Kan.), Mike Bost (R-Ill.), Claudia Tenney (R-N.Y.), Joe Wilson (R-S.C.), Rep. John Joyce (R-Pa.), Troy Balderson (R-Ohio), Randy Weber (R-Texas), Dan Crenshaw (R-Texas), Bob Latta (R-Ohio), and Buddy Carter (R-Ga.). 

Senator Scott delivered remarks on the Senate floor emphasizing that the rule would have resulted in increased CO2 emissions and forced rubber tire companies to pay millions of dollars per year.

Click here to watch Senator Scott’s remarks.

BACKGROUND

• The Rubber Tire Manufacturing source category is comprised of facilities that produce rubber components such as rubber compounds, tread, tire cords, and liners. The category is split into rubber processing, tire production, tire cord production, and puncture seal application subcategories.  
• In 2002, the original Rubber Tire Manufacturing NESHAP established emissions limits for the tire production, tire cord production, and puncture seal application subcategories.
• In 2020, a residual risk and technology review (RTR) found that the current NESHAP provided an ample margin of safety to protect public health and that the risk associated with air emissions from rubber tire manufacturing was acceptable. The RTR also clarified that emissions during startup, shutdown, and malfunction are subject to the NESHAP.
• The DC Court determined in Louisiana Environmental Action Network v. EPA that the agency should address unregulated emissions from a source category when the EPA conducts an eight-year technological review as required by the Clean Air Act.
• On November 16, 2023, the EPA proposed the emission standards to address unregulated hazardous air pollutants from the rubber processing subcategory pursuant to the decision in Louisiana Environmental Action Network.
• The EPA’s risk review found that the rule was not necessary to protect public health or the environment and could not quantify any public health benefits from the rule.
• To comply with the rule, tire manufacturers will have to install regenerative thermal oxidizers (RTOs), which will cause an increase in CO2 emissions. As a result, the EPA quantified public health disbenefits associated with the rule ranging from $2.7 million to $8.1 million per year, in addition to $13.3 million per year in compliance costs.

Full text of the resolution can be found here.

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