Summary – Holden and Barletta Statements vs. Voting History
Holden’s claim:
Proposed “anti-pollution” regulations Holden
has voted against:
Mercury and Air Toxics Standards for Power
Plants
Told PoliticsPA that he did not vote to repeal
any existing [] anti-pollution regulations but
 language repealing standards found in
rather to slow them down in an economy that’s
H.R. 2401, Sec. 5(b)(1)
recovering. (emphasis added)
Toxic air pollution standards for industrial
http://www.politicspa.com/environmental-adsboilers and incinerators:
barletta-holden/28680/
 Bill language repealing four standards
found at H.R. 2250, sec. 2(b) (1)-(4)
Barletta’s claim:
Already Finalized “anti – pollution”
regulations Holden has voted against
Cross-State Air Pollution Rule
 Bill language repealing this standard
found at H.R. 2401, Sec. 5(a)(1):
Roll call # 86, amendment to H.R. 1, roll call
vote #147 – blocks EPA from enforcing
standards for cement plants:
 The amendment prohibits “the use of
funds to be used to implement,
administer, or enforce” toxic air
pollution standards for cement plants
“Claims that Rep. Barletta is ‘attacking’ the
Clean Air Act are completely false. Not one of
the roll call votes cited (#86, #140, #147, and
#741) alters the Clean Air Act in any way.
Every single vote cited keeps current EPA
regulations in place and allows the EPA to
Roll call #741 – H.R. 2401
continue to regulate pollutants. The roll call
 Text of bill blocks Mercury and Air
votes in question do not weaken or remove any
Toxics standards and Cross-State Air
EPA regulation currently in effect,” spokesman
Pollution Rule at sec. 5(a)(1) and
Shawn Kelly said.”
(b)(1); eliminates deadlines for EPA to
re-issue standards at sec. 5
(b)(2)(C)(iii); Extends compliance
period to at least 5 years, and requires
http://www.politicspa.com/environmental-adsconsideration of additional factors
barletta-holden/28680/
struck down as illegal by courts at sec.
5 (b)(3); Rewrites the Clean Air Act to
alter the way that standards for toxic air
pollution are set at sec. (5)(b)(4)(B).
Rep. Barletta’s roll call votes #763 (H.R 2681)
and #790 (H.R. 2250) also fundamentally alter
the Clean Air Act with respect to industrial
boilers, incinerators, and cement plants (see
H.R. 2250, sec. 2(b) (1)-(4), H.R. 2681 Sec.
2(b), and in both bills sec. (2)(a)(2), 3(a),
and(5))
Legislative Text Refuting Rep. Holden’s and Barletta’s Statements
Sources:
H.R. 2401
Roll call: http://clerk.house.gov/evs/2011/roll741.xml
Text of legislation: http://www.gpo.gov/fdsys/pkg/BILLS-112hr2401rfs/pdf/BILLS-112hr2401rfs.pdf
H.R. 2681
Roll call: http://clerk.house.gov/evs/2011/roll764.xml
Text of legislation: http://www.gpo.gov/fdsys/pkg/BILLS-112hr2681pcs/pdf/BILLS-112hr2681pcs.pdf
H.R. 2250
Roll call: http://clerk.house.gov/evs/2011/roll791.xml
Text of legislation: http://www.gpo.gov/fdsys/pkg/BILLS-112hr2250eh/pdf/BILLS-112hr2250eh.pdf
Holden’s claim:
Proposed “anti-pollution” regulations Holden has
voted against:
Told PoliticsPA that he did not vote to repeal
any existing [] anti-pollution regulations but
rather to slow them down in an economy that’s
recovering. (emphasis added)
http://www.politicspa.com/environmental-adsbarletta-holden/28680/
Mercury and Air Toxics Standards for Power
Plants
 Bill language repealing standards:
H.R. 2401, Sec. 5(b)(1): “The proposed rule
entitled ‘‘National Emission Standards for
Hazardous Air Pollutants From Coal- and OilFired Electric Utility Steam Generating Units and
Standards of Performance for Fossil-Fuel-Fired
Electric Utility, Industrial-CommercialInstitutional, and Small Industrial-CommercialInstitutional Steam Generating Units’’ published at
76 Fed. Reg. 24976 (May 3, 2011), and any final
rule that is based on such proposed rule and is
issued prior to the date of the enactment of this
Act, shall be of no force and effect, and shall be
treated as though such proposed or final rule had
never been issued.” (emphasis added)

The standards Holden voted against would
sharply reduce power plant emissions of
mercury, a dangerous toxin that harms
children’s developing brains, along with toxins
like arsenic, dioxins, lead and other heavy
metals. These standards already are over a
decade overdue and, once implemented in
2015, will save up to 17,000 lives every year
Toxic air pollution standards for industrial boilers
and incinerators:
 Bill language repealing four standards:
H.R. 2250, sec. 2(b) (1)-(4):
“The following rules are of no force or effect, shall
be treated as though such rules had never taken
effect, and shall be replaced as described in
subsection (a):
(1)‘‘National Emission Standards for Hazardous Air
Pollutants for Major Sources: Industrial, Commercial,
and Institutional Boilers and Process Heaters’’,
published at 76 Fed. Reg. 15608 (March 21, 2011).
(2) ‘‘National Emission Standards for Hazardous Air
Pollutants for Area Sources: Industrial, Commercial,
and Institutional Boilers’’, published at 76 Fed. Reg.
15554 (March 21, 2011).
(3) ‘‘Standards of Performance for New Stationary
Sources and Emission Guidelines for Existing
Sources: Commercial and Industrial Solid Waste
Incineration Units’’, published at 76 Fed. Reg. 15704
(March 21, 2011).
(4) ‘‘Identification of Non-Hazardous Secondary
Materials That Are Solid Waste’’, published at 76
Fed. Reg. 15456 (March 21, 2011).

The four standards Rep. Holden voted against
clean up toxic air pollution such as mercury
from industrial boilers and incinerators, some
of the nation’s largest industrial emitters of this
neurotoxin
Already Finalized “anti – pollution” regulations
Holden has voted against
Cross-State Air Pollution Rule

Bill language repealing this standard:
H.R. 2401, Sec. 5(a)(1):
“(a) Cross – State Air Pollution Rules:
(1) EARLIER RULES.—The rule entitled ‘‘Federal
Implementation Plans: Interstate Transport of Fine
Particulate Matter and Ozone and Correction
of SIP Approvals’’, published at 76 Fed. Reg. 48208
14 (August 8, 2011), and any successor or
substantially similar rule, shall be of no force or effect,
and shall be treated as though such rule had never
taken effect.”

The Cross-State Air Pollution Rule that
Holden voted to repeal was finalized in July of
2011, and would slash power plant smog and
soot pollution that travels across state lines.
These “good neighbor” provisions will ensure
that citizens in downwind states can breathe
clean air, just like their upwind-state
neighbors. Starting in 2014, the Cross-State
Air Pollution Rule will save up to 34,000 lives
every year
Barletta’s claim:
“Claims that Rep. Barletta is ‘attacking’ the
Clean Air Act are completely false. Not one of
the roll call votes cited (#86, #140, #147, and
#741) alters the Clean Air Act in any way.
Every single vote cited keeps current EPA
regulations in place and allows the EPA to
continue to regulate pollutants. The roll call
votes in question do not weaken or remove any
EPA regulation currently in effect,” spokesman
Shawn Kelly said.”
Roll call # 86, amendment to H.R. 1, roll call vote
#147 – blocks EPA from enforcing standards for
cement plants:

Text of amendment:
“to prohibit the use of funds to be used to implement,
administer, or enforce the rule entitled "National
Emission Standards for Hazardous Air Pollutants
From the Portland Cement Manufacturing Industry
and Standards of Performance for Portland Cement
Plants"

http://www.politicspa.com/environmental-adsbarletta-holden/28680/
Toxic air pollution standards for cement plants
were finalized in September of 2010. This
amendment prevents EPA from going forward
with these life-saving standards
Roll call #741 – H.R. 2401

Text of bill blocks Mercury and Air Toxics
standards for power plants and Cross-State
Air Pollution Rule:
H.R. 2401, Sec. 5(b)(1): [Mercury and Air Toxics
Standards blocked]
“The proposed rule entitled ‘‘National Emission
Standards for Hazardous Air Pollutants From Coaland Oil-Fired Electric Utility Steam Generating Units
and Standards of Performance for Fossil-Fuel-Fired
Electric Utility, Industrial-Commercial- Institutional,
and Small Industrial-Commercial-Institutional Steam
Generating Units’’ published at 76 Fed. Reg. 24976
(May 3, 2011), and any final rule that is based on
such proposed rule and is issued prior to the date of
the enactment of this Act, shall be of no force and
effect, and shall be treated as though such proposed
or final rule had never been issued.” (emphasis
added)
H.R. 2401, Sec. 5(a)(1): [blocks already finalized
Cross-State Air Pollution Rule]
“(a) Cross – State Air Pollution Rules:
(1) EARLIER RULES.—The rule entitled ‘‘Federal
Implementation Plans: Interstate Transport of Fine
Particulate Matter and Ozone and Correction
of SIP Approvals’’, published at 76 Fed. Reg. 48208
14 (August 8, 2011), and any successor or
substantially similar rule, shall be of no force or effect,
and shall be treated as though such rule had never
taken effect.”

Text of bill eliminates deadlines for EPA to
re-issue standards to control mercury, toxic
air pollution, smog, and soot from power
plants:
H.R. 2401, Sec. 5 (b)(2)(C)(iii):
EPA shall reissue standards “not earlier than the date
that is 12 months after the date on which the
Committee submits such report to the Congress, or
such later date as may be determined by the
Administrator.”

Extends compliance period for meeting new
standards to at least 5 years (if not longer),
from statutory requirement found in Clean
Air Act of 3 – year compliance period, and
requiring consideration of additional factors
struck down as illegal by courts
H.R. 2401, Sec. 5 (b)(3):
“In promulgating the regulations under paragraph (2),
the Administrator—
(i) shall establish a date for compliance with the
standards and requirements under such regulations
that is not earlier than 5 years after the effective date
of the regulations; and
(ii) in establishing a date for such compliance, shall
take into consideration—
(I) the costs of achieving emissions reductions;
(II) any non-air quality health and environmental
impact and energy requirements of the standards and
requirements;
(III) the feasibility of implementing the standards and
requirements, including the time needed to—
(aa) obtain necessary permit approvals; and
(bb) procure, install, and test control equipment;
(IV) the availability of equipment, suppliers, and
labor, given the requirements of the regulations and
other proposed or finalized regulations; and
(V) potential net employment impacts.”

Rewrites the Clean Air Act to alter the way
that standards for toxic air pollution are set
H.R. 2401 Sec. (5)(b)(4)(B):
(B) REGULATORY ALTERNATIVES.—For the
regulations promulgated pursuant to para graph (2) of
this section, from among the range of regulatory
alternatives authorized under the Clean Air Act (42
U.S.C. 7401 et seq.), including work practice
standards under section 112(h) of such Act (42 U.S.C.
7412(h)), the Administrator shall impose the least
burdensome, consistent with the purposes of such Act
and Executive Order No. 13563 published at 76
24 Fed. Reg. 3821 (January 21, 2011).
Further, Rep. Barletta’s roll call votes #763 (H.R
2681) and #790 (H.R. 2250) also fundamentally
alter the Clean Air Act by nullifying existing clean
air standards for cement plants, incinerators and
industrial boilers that collectively number in the
thousands emitting mercury, arsenic, lead and cancercausing toxins into our communities. (see H.R. 2250,
sec. 2(b) (1)-(4) (text above, Rep. Holden), and
H.R. 2681 Sec. 2(b): “The following rules are of no
force or effect, shall be treated as though such rules
had never taken effect, and shall be replaced as
described in subsection (a), insofar as such rules are
applicable to the Portland cement manufacturing
industry and Portland cement plants:
(A) ‘‘Standards of Performance for New
Stationary Sources and Emission Guidelines for
Existing Sources: Commercial and Industrial Solid
Waste Incineration Units’’, published at 76 Fed. Reg.
15704 (March 21, 2011).
(B) ‘‘Identification of Non-Hazardous Secondary
Materials That Are Solid Waste’’, published at 76
Fed. Reg. 15456 (March 21, 2011).
Then these two bills allow the indefinite delay of
compliance with these toxic air pollution standards,
providing no guarantee of reductions even within a
decade. (Sec. 3(a) of both H.R. 2250 and H.R. 2681)
Both bills forbid EPA from issuing final standards for
these facilities for 15 months and also eliminate any
deadlines by which industrial polluters must meet final
standards once they are issued. (Secs. (2)(a)(2) and
3(a) of both bills require the agency to “finalize the
regulations on the date that is 15months after the date
of the enactment of this Act.” and establish a date for
compliance that is “not earlier than 5 years after the
effective date of the regulation”
Even more irresponsibly, these bills severely weaken
the Clean Air Act and overturn multiple federal court
decisions to gut strong toxic air pollution standards
that under current law must be applied to achieve deep
cuts in dangerous mercury, lead, dioxins and acid
gases from these facilities. (Sec. 5 of both bills)
“(a) ESTABLISHMENT OF STANDARDS
ACHIEVABLE IN PRACTICE.—In promulgating
rules under section 2(a), the Administrator shall
ensure that emissions standards for existing and new
sources established under section 112 or 129 of the
Clean Air Act (42 U.S.C. 7412, 7429), as applicable,
can be met under actual operating conditions
consistently and concurrently with emission standards
for all other air pollutants regulated by the rule for
the source category, taking into account variability in
actual source performance, source design, fuels,
inputs, controls, ability to measure the pollutant
emissions, and operating conditions.
(b) REGULATORY ALTERNATIVES.—For each
regulation promulgated pursuant to section 2(a), from
among the range of regulatory alternatives authorized
under the Clean Air Act (42 U.S.C. 7401 et seq.)
including work practice standards under section
112(h) of such Act (42 U.S.C.
24 7412(h)), the Administrator shall impose the least
burdensome, consistent with the purposes of such Act
and Executive Order 13563 published at 76 Fed. Reg.
3821 (January 21, 2011).