20 1 2 04	PM ENERC'( & COMMERCE COMMITTEE 202-225-5598 2i3 

FRED UPTON, MCH(GAN HENRY A WAXMAN, CALIPOHNIA 

ONE HUNDRED TWELFTH CONGRESS 

Qongrt ot tie 1niteb tatt 

oue at 3eprezntatttie 

COMMITTEE ON ENERGY AND COMMERCE


2125 RAYBLJRN HOUSE OFFZCE BUILDING


WASHINGTON, DC 20515-6115 

MajorIty 202) 22-227 

MinorIty (202) 22S.-2641 

The Honorable Lisa P. Jackson 

Administrator 

U.S. Environmental Protection Agency 

1200 Pennsylvania Avenue, N.W. 

Washington, D.C. 20460 

Dear Administrator Jackson: 

We write regarding the Environmental Protection Agency's proposed revisions to the 

National Ambient Air Quality Standards for Particulate Matter, published on June 29, 2012, at 

77 Fed. Reg. 38890. In particular, we seek further information regarding the estimated 

compliance costs and public health benefits for the proposed new standards. 

In the EPA document entitled "Regulatory Impact Analysis for the Proposed Revisions to 

the National Ambient Air Quality Standards for Particulate Matter" (RIA) issued in June 2012, 

EPA's estimates of the benefits and costs of the proposed rule employs an outdated and invalid 

baseline that includes emissions reductions that would have occurred as the result of the final 

Cross-State Air Pollution Rule (CSAPR) published on August 8, 2011. On August 21, 2012, 

however, the D.C. Circuit Court of Appeals vacated that rule, invalidating the assumed baseline 

in EPA's estimates of benefits and Costs. 

Executive Order 13 63 specifies that "each agency is directed to use the best available 

techniques to quantify anticipated present and future benefits and costs as accurately as 

possible." In view of the CSAPR. ruling, and to promote transparency and a meaningful 

opportunity for public review and comment, we ask that EPA provide an updated estimate of the 

costs of the proposed particulate matter rule with the most accurate baseline possible, namely 

one that excludes emissions reductions assumed to result from implementation of the CSAPR, 

We request that EPA provide this updated cost estimate taking into account the court's decision 

to vacate CSAPR no later than November 29, 2012,
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Letter to the Honorable Lisa P. Jackson 

Page 2 

the hypothetical public health benefits that are assumed to be associated with reducing airborne 

concentrations below the levels that EPA has identified as sufficient to protect the public health 

with an adequate margin of safety. Such an estimate would be appropriate to represent the 

numerous uncertainties identified by EPA in the analysis. 

We support the President's commitment to transparency, and urge that these estimates of 

the benefits and costs of the regulation be made available to the public in a timely maimer. 

Thank you in advance for your assistance. Should you have any questions, please contact Mary 

Neumayr of the Majority Committee staff at (202) 225-2927. 

Joe/Barton 

Chairman Emeritus 

cc: The Honorable Henry A. Waxman, Ranking Member 

The Honorable Bobby L. Rush, Ranking Member 

Subcommittee on Energy and Power
6-20 1 2 04 11 PM ENERG y

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Toi 

Fromi 

Faxi 

Date: 

Phone: 

Pag.s 

Notes:

Ms. Laura Vaught, United States Environmental Protection Agoncy for M. Lisa Jackson 

Admlni8trator, EPA 

Rep. Fred Upton; Chairman, Committee on Energy and Commerce 

Rep. Ed Whitfield; Chalrmanb Subcommittee on energy and Power 

Rep. Joe Barton; Chairman Emeritus	 _____	- 

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