2017: Fitzpatrick Voted Against The FY 2018 Republican Study Committee
Budget Resolution Which In Part Called For Blocking The Ozone Rule. In
October 2017, Fitzpatrick voted against a budget resolution that would
in part, according to Congressional Quarterly, "provide for $2.9
trillion in new budget authority in fiscal 2018. It would balance the
budget by fiscal 2023 by reducing spending by $10.1 trillion over 10
years. It would cap total discretionary spending at $1.06 trillion for
fiscal 2018 and would assume no separate Overseas Contingency Operations
funding for fiscal 2018 or subsequent years and would incorporate
funding related to war or terror into the base defense account. It would
assume repeal of the 2010 health care overhaul and would convert
Medicaid and the Children's Health Insurance Program into a single block
grant program. It would require that off budget programs, such as Social
Security, the U.S. Postal Service, and Fannie Mae and Freddie Mac, be
included in the budget." The underlying legislation was an FY 2018 House
GOP budget resolution. The House rejected the RSC budget by a vote of
139 to 281. [House Vote 555,
10/5/17; Congressional
Quarterly, 10/5/17; Congressional
Actions, H. Amdt.
455;
Congressional Actions, H. Con. Res.
71]
2017: Fitzpatrick Voted Against Delaying Air Quality Standards For
Ozone Until 2026. In September 2017, Fitzpatrick voted for an
amendment that would have, according to Congressional Quarterly,
"eliminate[d] the bill's provision that would delay the implementation
date for national ambient air quality standards for ozone until 2026."
The underlying legislation was a legislative vehicle for an FY 2018
Omnibus appropriations bill. The House rejected the amendment by a vote
of 194 to 218. [House Vote 476,
9/7/17; Congressional
Quarterly, 9/7/17; Congressional
Actions, H. Amdt.
347;
Congressional Actions, H.R.
3354]
2017: Fitzpatrick Voted Against Delaying The EPA's Air Quality
Standards For Ozone Until 2025. In July 2017, Fitzpatrick voted
against a bill that would have delayed the Environmental Protection
Agency's 2015 rule on ozone standards from 2017 to 2025. According to
Congressional Quarterly, the legislation would have "extend[ed] for
eight years the deadline for the EPA to implement new National Ambient
Air Quality Standards for ground-level ozone (the EPA issued such
deadlines on Oct. 26, 2015). The bill would [have] require[d] the
EPA to review the national ambient air quality standards for each
pollutant every ten years, instead of every five, and would [have]
require[d] the agency to evaluate possible adverse effects of standard
changes, including effects related to public health, welfare and
economics, prior to establishing or revising a national ambient air
quality standard." The vote was on passage. The House passed the bill by
a vote of 229 to 199. The Senate took no substantive action on the
legislation. [House Vote 391,
7/18/17; Congressional
Quarterly, 7/18/17; Congressional
Actions, H.R.
806]
2015: The EPA Issued A Final Rule Which Significantly Lowered The
Limit For Ozone. According to the Wall Street Journal,
"Environmental regulators significantly lowered a national limit for
a smog-causing pollutant Thursday, in an attempted compromise that
left some businesses relieved and environmental and health leaders
upset the initiative wasn't stronger. The Environmental Protection
Agency set a limit of 70 parts per billion for ground-level ozone,
which is created by emissions released into the air by manufacturing
plants, utilities and vehicles, down from the current level of 75
parts per billion. In a draft released in 2014, the agency proposed
a standard between 65 and 70 parts per billion." [Wall Street
Journal,
10/1/15]
States Would Have To Curb Emissions From Utilities, Factories And
Refineries In Order To Meet The New Standard. According to the
Wall Street Journal, "Ozone is created by emissions such as nitrogen
oxides and volatile organic compounds. The ozone standard, mandated
under the Clean Air Act, isn't a direct regulation of business. But
states must comply by curbing emissions from utilities, factories,
refineries and other businesses and municipalities, often by
requiring new pollution-control gear." [Wall Street Journal,
10/1/15]
Ozone Can Exacerbate Respiratory Problems. According to the Wall
Street Journal, "Exposure to ground-level ozone can exacerbate
respiratory problems, including asthma, and is particularly harmful
to children and older people, health experts say." [Wall Street
Journal,
10/1/15]
2017: Fitzpatrick Voted Against Disapproving The Stream Buffer Rule.
In February 2017, Fitzpatrick voted against disapproving the Stream
Buffer Rule via the Congressional Review Act. According to Congressional
Quarterly, "This resolution disapproves the rule issued by the Labor
Department on Dec. 20, 2016 (commonly known as the Stream Buffer rule)
that requires surface coal mining operations to be designed to minimize
the amount of waste placed outside the mined-out area. The measure
provides that the rule will have no force or effect." The vote was on
the legislation. The House agreed to the legislation by a vote of 228 to
194. The Senate later passed the legislation, which President Trump
signed into law. [House Vote 73,
2/1/17; Congressional
Quarterly, 1/27/17;
Congressional Actions, H. J. Res.
38]
The Obama-Era Stream Buffer Rule Was Meant To Curb Open-Pit Coal
Mine Contamination Of Streams And Waterways. According to
Congressional Quarterly, "President Donald Trump signed into law
Thursday a Congressional Review Act joint resolution that nullifies
a rule by President Barack Obama's Interior Department to curb
contamination of streams and waterways by open-pit coal mines."
[Congressional Quarterly,
2/16/17]
Trump Claimed The Rule Was A "Major Threat" To The Coal
Industry. According to Congressional Quarterly, "'In other
countries, they love their coal, but over here, we haven't treated
it with the respect it deserves,' Trump said at the signing
ceremony. 'This rule would eliminate a major threat to [coal]
jobs, and we are going to get rid of that threat immediately.'"
[Congressional Quarterly,
2/16/17]
2022: Fitzpatrick Voted Against Permanently Restoring An Excise Tax On
Domestic Coal That Supports The Black Lung Disability Fund. In August
2022, according to Congressional Quarterly, Fitzpatrick voted against
concurring in the Senate amendment to the Inflation Reduction Act of
2022, which would "permanently restore an excise tax on domestic coal
that supports the Black Lung Disability Fund." The vote was on a motion
to concur. The House concurred with the Senate by a vote 220-207, thus
the bill was sent to President Biden for final signage. President Biden
signed the bill and it ultimately became law. [House Vote 420,
8/12/22; Congressional
Quarterly, 8/12/22;
Congressional Actions, H.R.
5376]
The Bill Extended And Restored The Excise Tax On Domestic Coal To
Previous Rates, 55 Cents Per Ton Of Surface Mined Coal And $1.10
Per Ton Of Coal Mined Underground. According to Congressional
Quarterly, "The budget reconciliation package (HR 5376) that passed
through the Senate 51-50 along party lines with Vice President
Kamala Harris cast the tie-breaking vote, would permanently extend
and restore the excise tax to previous rates --- $0.55 per ton of
surface mined coal and $1.10 per ton of coal mined underground. The
fund has historically been extended on a year-by-year basis."
[Congressional Quarterly,
8/7/22]
The Black Lung Disability Fund, Which Provides Benefits And
Medical Care For Miners Who Were Diagnosed With Black Lung Disease,
Was Cut In Half At The Beginning Of 2022 And Raised Uncertainty
Among Miners About Relying On The Fund. According to Congressional
Quarterly, "The fund, which is used to provide benefits and health
care for miners suffering from black lung disease, was cut in half
after previous funding levels expired at the beginning of 2022.
Although the Labor Department assured miners they would continue to
receive their benefits, the cut left uncertainty among miners
relying on the fund." [Congressional Quarterly,
8/7/22]
The Coal Mining Industry Scrutinized The Inflation Reduction Act,
Arguing It Would Cost Mining Companies Tax Money And Threaten Coal
Jobs And Emphasizing That The Black Lung Disability Fund Was In $6
Billion Debt. According to Congressional Quarterly, "But the coal
mining industry, including the West Virginia Coal Association, said
in a statement that the bill worked out in a deal between Sen. Joe
Manchin III, D-W.Va., and Senate Democratic leaders would cost
mining companies millions of dollars in taxes and threaten domestic
coal jobs. Manchin countered during a news conference last week that
the industry has been paying previous rates since the 1980s and that
the bill is friendly for fossil fuel growth. Although the provision
in the bill is a major win for those battling black lung disease,
Coleman said the fund is nearly $6 billion in debt, which he said
is due to coal companies not paying enough to the fund. Miners have
yet to lose benefits, but they worry it could happen in the future."
[Congressional Quarterly,
8/7/22]
2018: Fitzpatrick Voted Against Permanently Exempt Coal Waste Burning
Power Plants From Particular Pollution Standards. In March 2018,
Fitzpatrick voted against legislation that would have, according to
Congressional Quarterly, "subject[ed] an electricity-generating unit
that can get at least 75 percent of its energy from coal mining
byproduct to the original emissions standards as set in the
Environmental Protection Agency's Cross-State Air Pollution Rule
(CSAPR), rather than the lowered emissions totals currently set through
2020. It would not [have] allow[ed] for unused emissions to be
transferred to other entities, but would [have] allow[ed] for unused
emissions to be added to future compliance periods. The bill would
[have] also alter[ed] standards under which an
electricity-generating unit could meet the Clear Air Act's (PL-91-604)
Mercury and Air Toxics Standards Rule through meeting requirements for
either sulfur dioxide or hydrogen chloride, but not for both." The vote
was on passage. The House passed the bill by a vote of 215 to 189. The
Senate took no substantive action on the legislation. [House Vote 101,
3/8/18; Congressional
Quarterly, 3/8/18; Congressional
Actions, H.R.
1119]