p.l 

OAR Box 1818 

Prepped by Ollie Stewart 

Document Number: 

48) ll-D-20 

Docket Number: 

A-87-11 

Printed 11/6/2008 3:12:45 PM Sheet 48 of 79 
P.2 

OMf HUNOREDTH CONGRESS 

JOHN 0 OINGEU. MICHIGAN. CHAIRMAN 

HON WYOEN, OREGON 

DENNIS E ECHART OHIO 

JIU SLATTERY KANSAS 

GERRY SIHORSU MINNESOTA 

RICK 10UCHER VIRGINIA 

JIM COOPER. TENNESSEE 

THOMAS A. LUKEN. OHIO 

OOUQ WALGREN. "INNSnVANlA 

MKMAH. ". tAeeeTTT. JH 

CKTU* eosmsaytXAfs MMCTO* 

NORMAN * LINT NEW TOR* 

OAN COATS INOlANA 

THOMAS J lULtY. JR VIRGINIA 

MICHAEL G OXIEY OHIO 

DAN SCHAE'ER. COLORADO 

MICHAEL IIURJkXtS. ELOWOA 

B.3 . ftouBe of HtprcsentatiDCfl 

£otooimnitra on ©oorsight and Jimestigatloiu 

o( the 

Committee on Cnerg? ano Commerce 

»afif)ington, BC 20515 

"OOM U! ) 

RAYIURN HOUSE 0"IC I SUILOlNG 

RHONE U01I llM m 

July 17, 1987 

The Honorable Wendy L. Gramm 

Administrator 

Information and Regulatory Affairs 

Office of Management and Budget 

Old Executive Office Building 

Washington, D. C. 20503 

Dear Mrs. Gramm: 

I take this opportunity to confirm my Counsel's telephone 

conversation of yesterday with you regarding the status of the • 

Environmental Protection Agency's (EPA) Red Border rules on 

gasoline refueling and volatility, the status of your agency's 

response to my letter of June 29, 1987, and most importantly, the 

unresolved, but extremely serious, safety issues. 

As you know, the reply to my letter is due today. 

Generally, I would not be as insistent on a prompt reply. However, there are rumors that next week Mr. Thomas plans to 

announce the proposal of these rules in the Federal Register, 

even though the safety issue is unresolved. I hope the rumors 

are unfounded. 

I cannot stress too much the concern I have about the safety 

issue. In my judgment, EPA, in its great desire to show action 

in the area of nonattainment, has failed miserably to address 

this consumer issue as required by law. EPA did not solicit 

comments from the industry. I did and received them rather 

promptly as shown by the enclosed letters from Toyota and Jaguar. 

Even these letters (and earlier letters by the manufacturers) are 

subdued because these firms undoubtedly are concerned that what 

they say may be used against them in future product liability 

type cases. 

Enclosed also is a Ford Motor Company press re 

this morning concerning ambulances. In the release 

that because of the new "stringent tailpipe emissio 

for model year 1988 requiring catalytic converters, 

longer knowingly provide incomplete gasoline vehicl 

with such converters for ambulance purposes because 

concerns. Communities will have to resort to disel 

be more costly, I understand. I cannot help but wo 

extent EPA, in consultation with NHTSA, examined th 

concerns in setting those standards. Clearly, this 

believes it should not happen again. 

lease issued 

, Ford states 

n standards" 

Ford will no 

es equipped 

of safety 

s which will 

nder to what 

ese safety 

Subcommittee 
The Honorable Wendy L. Gramm 

Page 2 

P.3 

The National Highway Traffic Safety Administration (NHTSA) 

raised questions on June 11 and I asked EPA to respond. EPA has 

not done so. 

Enclosed is a letter I sent to 

Convenience Stores in which I said: 

the National Association of 

Please observe that NHTSA states "that there will 

be some unquantifiable, increased risks of crash and 

non-crash fire associated" 

that "the 

reduce these risks," 

with onboard controls" and 

that "the provision of adequate leadtime could help to 

reduce these risks," but not necessarily eliminate them 

(underlining supplied). NHTSA's letter asks many 

questions about the EPA safety analysis which have not 

been answered. 

Vehicle 

occurrences, 

injure. You 

they are 

where government 

fires are not necessarily everyday 

But when they happen, they kill and badly 

do not have to see many to realize that 

horrendous. To me, this is not a situation 

(State or Federal) can afford to be 

wrong. Your Association may be satisfied with the idea 

of trying to "balance or compromise between risk and 

design criteria," but I am not and I gather that NHTSA, 

at least, shares my concern. 

Only yesterday, in the Washington area, the news media 

reports that five people were killed in a fiery crash. I do not 

know the details of the fire, but gasoline fed it. 

matter 

urge the Administration 

is solved. 

not to issue these rules until the 

I am providing a copy of this letter to Vice President Bush 

and to the White House Chief of Staff, Senator Baker (who was a 

conferee in 1977 with me when i-he safety provision of the Act was 

added), as I believe this vital consumer safety issue requires 

the highest attention in the Administration. It will be 

addressed 

21, 1987 

again by our Subcommittee at its hearing on September 

I am also asking the National Transportation Safety Board to 

examine these safety issues. 

With best wishes. 

JOHN D. DINGELL 

Chai rman 

Subcommittee on 

Oversight and Investigations 

Enclosures 
P.4 

The Honorable Wendy L. Gramm 

Page 3 

cc: The Honorable Thomas J. Bliley, Jr., Ranking Minority Member 

Subcommittee on Oversight and Investigations 

The Honorable Henry A. Waxman, Chairman 

Subcommittee on Health and the Environment 

The Honorable Edward R. Madigan, Ranking Minority Member 

Subcommittee on Health and the Environment 

The Honorable Thomas A. Luken, Chairman 

Subcommittee on Transportation, Tourism, 

and Hazardous Materials 

The Honorable Bob Whittaker, Ranking Minority Member 

Subcommittee on Transportation, Tourism, 

and Hazardous Materials 

The Honorable George Bush 

Vice President of the United States 

The Honorable Howard Baker, Chief of Staff 

The White House 

The Honorable Elizabeth Hanford Dole, Secretary 

Department of Transportation 

The Honorable Diane K. Steed, Administrator 

National Highway Traffic Safety Administration 

Department of Transportation 

The Honorable Lee M. Thomas, Administrator 

Environmental Protection Agency 

The Honorable James C. Miller III, Director 

Office of Management and Budget 

The Honorable Charles A.Bowsher, Comptroller General 

General Accounting Office 

The Honorable James E. Burnett, Chairman 

National Transportation Safety Board