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Press Release

For Immediate Release
February 14, 2008
Contact: Sean C. Bonyun
(202) 225-3761

Upton Fights to Protect Michigan’s Economy from Unfair Gov’t Penalties
Rep. urges Administration to reconsider new EPA rules that could discourage business from expanding and relocating in Michigan

WASHINGTON, DC – Congressman Fred Upton (R-St. Joseph) is urging the Bush Administration to fight air pollution at the source and reconsider new ozone attainment standards that will severely hamper Michigan’s economy.  Most counties in southwest Michigan have taken the necessary steps to successfully achieve attainment within the last year, but changing the standards could negate much of the progress that has been achieved.  For the last several years, Upton has been working to ensure the communities of southwest Michigan are not penalized for dirty air blowing across Lake Michigan from upwind areas such as Milwaukee, Gary and Chicago.  In August of 2005, President Bush signed comprehensive energy legislation into law that included Upton’s amendment requiring the EPA to study the effects of pollution blowing across Lake Michigan and its impact on SW Michigan.  The study has yet to be released. 

In the letter to Presidential Advisor James Connaughton, Chairman of the Council on Environmental Quality, Upton wrote, “I am quite concerned that these new standards will punish Michigan’s economy at a time when our state can least afford it, and would especially harm economic development. In light of the President’s current economic stimulus initiative, these new standards would be a step backward.  The new standards would unfairly penalize Michigan for pollution generated in Gary, Chicago and Milwaukee.  The proposed sanctions would be a severe blow to Michigan’s economy, discouraging the business community from expanding or relocating in our great state.”

“Congressman Upton has it exactly right,” says Steward Sandstrom, CCE, President and CEO of the Kalamazoo Regional Chamber of Commerce.  “Southwest Michigan’s business community has worked diligently to achieve compliance with the current clean air standards set forth by EPA.  Now, just as we are making every effort to turn our economy around EPA is proposing to change the game on us and once again unfairly punish our region for pollution emanating from another state.  We feel that until an appropriate solution to the problem of air quality transport can be developed we should not be held accountable for something over which we have absolutely no control.”

Upton has long been working to protect West Michigan from being penalized for pollution that is generated from across Lake Michigan.  On April 15, 2004, the EPA designated Ottawa, Kent, Allegan, Huron, Calhoun, Kalamazoo, Van Buren and Berrien Counties as “marginal” nonattainment, but Cass County and Muskegon were classified a level higher as “moderate.”  These two areas, Muskegon and Cass counties, are significantly affected by transported ozone from upwind areas, such as Chicago, Gary, and Milwaukee.  In September of 2004, Upton was successful in seeking an administrative solution to “bump down” Cass County’s clean air designation from “moderate” nonattainment to “marginal.” 

The text of Upton’s amendment from the 2005 energy bill and a brief timeline of Upton’s involvement follows:

SEC. 996. WESTERN MICHIGAN DEMONSTRATION PROJECT.

The Administrator of the Environmental Protection Agency, in consultation with the State of Michigan and affected local officials, shall conduct a demonstration project to address the effect of transported ozone and ozone precursors in Southwestern Michigan.  The demonstration program shall address projected nonattainment areas in Southwestern

Michigan that include counties with design values for ozone of less than .095 based on years 2000 to 2002 or the most current 3-year period of air quality data.  The Administrator shall assess any difficulties such areas may experience in meeting the 8-hour national ambient air quality standard for ozone due to the effect of transported ozone or ozone precursors into the areas.  The Administrator shall work with State and local officials to determine the extent of ozone

and ozone precursor transport, to assess alternatives to achieve compliance with the 8-hour standard apart from local controls, and to determine the timeframe in which such compliance could take place.  The Administrator shall complete this demonstration project no later than 2 years after the date of enactment of this section and shall not impose any requirement or sanction under the Clean Air Act (42 U.S.C. 7401 et seq.) that might otherwise apply during the pendency of the demonstration project.    

A brief history of Upton’s Involvement

April 11, 2003 – House passes sweeping energy legislation 247 to 175.

July 25, 2003 – Upton joins entire Michigan Congressional delegation in letter to EPA urging agency to reconsider clean air rule, allow for flexibility in examining source of pollution in determining sanctions.

July 31, 2003 – Senate passes sweeping energy package 84 to 14.

September 5, 2003 – Upton appointed to select panel to hammer out sweeping energy legislation.

November 18, 2003 - Upton Amendment to spare SW Michigan from sanctions associated with transport pollution part of Energy Conference Report passed by the House 246 to 180.

November 21, 2003 – The Senate blocks the Energy Conference Report from consideration, 57 to 40

March 25, 2004 - Upton, Hoekstra and Ehlers meet with EPA Administrator Mike Leavitt.

April 15, 2004 - EPA designates Ottawa, Kent, Allegan, Huron, Calhoun, Kalamazoo, Van Buren and Berrien Counties as “marginal” nonattainment, but Cass County and Muskegon were classified a level higher as “moderate.”  These two areas, Muskegon and Cass Counties, are significantly affected by transported ozone from upwind areas, Chicago, Gary, and Milwaukee.

June 15, 2004 - House again passes Energy Conference Report with Upton’s Amendment, 244 to 178.  The bill continues to be blocked in Senate

July 1, 2004 - Upton facilitates a meeting between Cass County officials and the EPA Regional Coordinator for Air Quality to discuss the EPA’s designation of Cass County as a “moderate” non-attainment area under the eight-hour ozone standard and its potential impact upon continued economic growth and development.  Under the Clean Air Act, the EPA Administrator has the authority to change an area from moderate to marginal if the area’s design value is within 5 percent of the lower classification. 

July 7, 2004 – Upton urges Granholm to seek “bump down” for Cass County

September 16, 2004 – EPA “bumps down” Cass County’s designation.

December 31, 2004 – 108th Congress concludes without deal reached on energy bill. 

April 21, 2005 - Sweeping energy legislation with Upton’s Amendment again passes U.S. House 249 to 183.

June 28, 2005 – Senate Passes sweeping Energy legislation 85 to 12, which does not include Upton’s language.

July 14, 2005 - Upton named to select panel to finalize sweeping energy bill

July 26, 2005 - Energy bill compromise reached between House and Senate – Upton amendment part of final package.

August 8, 2005 – Energy bill signed into law.

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