EPA Announces Hydraulic Fracturing Investigation Strategy

Mar 18: U.S.EPA issued a Federal Register notice [75 FR 13125] announcing that it will conduct a comprehensive research study to investigate the potential adverse impact that hydraulic fracturing may have on water quality and public health. The process has come under scrutiny by environmental groups and is also being investigated by the House Energy & Commerce Committee Chairman Henry Waxman (D-CA) and Environment and Energy Subcommittee Chairman Edward Markey (D-MA) [See WIMS 2/19/10].

 

    Hydraulic fracturing is a process that drills vertical and horizontal cracks underground that help withdraw gas, or oil, from coalbeds, shale and other geological formations. While each site is unique, in general, the process involves vertical and horizontal drilling, taking water from the ground, injecting fracturing fluids and sands into the formation, and withdrawing gas and separating and managing the leftover waters. According to a report by Environmental Working Group (EWG) entitled, Drilling Around the Law, the fracturing fluids include distillates including kerosene, mineral spirits and a number of other petroleum products that often contain high levels of benzene. EWG said the "petroleum distillates used in a single well could contain enough benzene to contaminate more than 100 billion gallons of drinking water to unsafe levels."

 

    In a release, EPA indicates that natural gas plays a key role in our nation's clean energy future and the process known as hydraulic fracturing [a.k.a. fracking] is one way of accessing that vital resource. There are concerns that hydraulic fracturing may impact ground water and surface water quality in ways that threaten human health and the environment. To address these concerns and strengthen our clean energy future and in response to language inserted into the fiscal year 2010 Appropriations Act, EPA is re-allocating $1.9 million for this comprehensive, peer-reviewed study for FY10 and requesting funding for FY11 in the president's budget proposal.

    Dr. Paul T. Anastas, assistant administrator for EPA's Office of Research and Development said, "Our research will be designed to answer questions about the potential impact of hydraulic fracturing on human health and the environment. The study will be conducted through a transparent, peer-reviewed process, with significant stakeholder input." EPA is in the very early stages of designing a hydraulic fracturing research program. The Agency is proposing the process begin with: (1) defining research questions and identifying data gaps; (2) conducting a robust process for stakeholder input and research prioritization; (3) with this input, developing a detailed study design that will undergo external peer-review, leading to (4) implementing the planned research studies.

    To support this initial planning phase and guide the development of the study plan, the Agency is seeking suggestions and comments from the EPA Science Advisory Board (SAB) -- an independent, external Federal advisory committee. The Agency has requested that the Environmental Engineering Committee (EEC) of the SAB evaluate and provide advice on EPA's proposed approach. The Agency will use this advice and extensive stakeholder input to guide the design of the study. The Federal Register notice announces the first meeting of the SAB review committee which consists of the SAB Environmental Engineering Committee (EEC) augmented with other SAB members. The meeting, April 7-8, in Washington, DC will evaluate and comment on EPA's proposed approach to studying the potential public health and environmental protection issues that may be associated with hydraulic fracturing.

 

    Regina Hopper, President and CEO of America's Natural Gas Alliance (ANGA) issued a brief statement saying, "The natural gas community looks forward to working with the EPA to reaffirm the safety of this longstanding practice. Hydraulic fracturing has been refined and improved over the past 60 years and has been used safely on more than 1 million U.S. wells. With the extraordinary opportunity presented by our nation's natural gas abundance comes the responsibility to be good stewards of the land. Our members take this responsibility seriously, and we look forward to sharing with the EPA the extensive work done at every step of the natural gas extraction process. We are confident that a scientific and data-driven examination will provide policymakers and the public with even greater reassurance of the safety of this practice."

 

    The organization, EnergyInDepth, representing independent oil and natural gas producers says it "separates fact from fiction about our nation's natural gas and oil industry -- especially on emerging policy issues such as the environment and taxes." EnergyInDepth issued a statement saying, "We are hopeful and it is our expectation that this study -- if based on objective, scientific analysis -- will serve as an opportunity to highlight the host of steps taken at every wellsite that make certain groundwater is properly protected. The energy industry, as well as state regulatory agencies, are eager to work with EPA throughout this fact-based examination. Further, efforts underway in Congress to give EPA outright authority to regulate fracturing -- which could hamper domestic energy production and job growth -- should come to a standstill until this study is completed. . . Fracturing has a long and clear record of safely leveraging otherwise unreachable homegrown, clean-burning, job-creating energy reserves. . ."

 

    On March 17, the EnergyInDepth blog, commented on or "debunked" as they said, the premier showing in Washington, DC of what they call the "anti-American natural gas film GasLand." GasLand is a documentary on natural gas drilling and the fracking process. EnergyInDepth said, "Despite claims, this critical technology has never contaminated groundwater -- a fact confirmed by Steve Heare, director of EPA's Drinking Water Protection Division just weeks ago." They said, "The movie -- which is supported by a host of mainstream organizations (sarcasm people) such as the Damascus Citizens, Earth Justice, Environmental Working Group, National Resources Defense Council, Oil and Gas Accountability Project. . ."

 

    The American Petroleum Institute (API) issued a statement saying, "We expect the study to confirm what 60 years of experience and investigation have already demonstrated: that hydraulic fracturing is a safe and well understood technology for producing oil and natural gas. We hope the agency will provide ample opportunity for stakeholder comment and participation during the course of its study. . . While the technology has been used for more than a half century, its continued use is crucial. It is enabling access to massive new supplies of natural gas trapped in shale formations across the United States. These new finds have multiplied the nation's natural gas resources and will help generate electricity, heat homes and power vehicles for generations of Americans to come. . ."

 

    Earthjustice Legislative Associate Jessica Ennis said, "We commend EPA for investigating this controversial gas drilling technique. From Wyoming to Pennsylvania, people are worried about what this untested process is doing to their drinking water. . . As important as the study is, we know that what's really needed are federal protections. Hydraulic fracturing is currently exempted from the Safe Drinking Water Act, so oil and gas companies are only required to comply with a patchwork of state regulations. Also thanks to this exemption, known as the Halliburton Loophole, we have no idea what chemicals drillers are pumping underground. . . Bills pending before Congress would remove the Halliburton Loophole and require companies to disclose the chemicals used in hydraulic fracturing fluids. Congress needs to pass this legislation and quickly."

    Access a release from EPA (click here). Access the FR announcement (click here). Access more information on hydraulic fracturing from EPA (click here). Access more information on the SAB hydraulic fracturing review committee and the supporting documents (click here). Access the statement from ANGA (click here). Access a release from EnergyInDepth (click here). Access the EnergyInDepth blog post on GasLand (click here). Access a release from AIP (click here). Access an executive summary and link to the complete 24-page report from EWG (click here). Access a release from Earthjustice (click here). Access the GasLand website for more information on the film (click here).

Senate Hearing On Protecting Children From Environmental Threats

Mar 17: The Government Accountability Office (GAO) released a report entitled, Environmental Health: High-level Strategy and Leadership Needed to Continue Progress toward Protecting Children from Environmental Threats (GAO-10-205, January 28, 2010). The report was requested by Senator Barbara Boxer (D-CA),Chairman Committee on Environment and Public Works (EPW) and Senator Amy Klobuchar (D-MN), Chairman of the EPW Subcommittee on Children's Health. GAO also delivered testimony at a hearing of the EPW Committee that was devoted to the GAO Investigation of EPA's Efforts to Protect Children's Health.

 

    Witnesses testifying at the hearing in addition to GAO included: U.S. EPA and the Center for Occupational & Environmental Health, University of California at Berkeley; the Children's Environmental Health Network and the Science and Environmental Health Network. Additionally, Chairman Boxer, Ranking Member James Inhofe (R-OK) and Senator Bill Nelson (D-FL) delivered opening remarks.

 

    Chairman Boxer opened the hearing saying, "Children are more vulnerable to toxic pollution than adults. Their bodies are developing rapidly -- including their brains, hearts and lungs, their nervous and immune systems – so exposures to toxic chemicals at critical times in their development can have life-long impacts. That's why I wrote the law that ensures that the EPA takes children and other vulnerable populations, such as pregnant women and the elderly, into account when setting drinking water standards, not just healthy adult men. And that is why I asked the Government Accountability Office (GAO) to investigate the EPA's role in protecting children's health and to give me a report card on how the federal government is doing in keeping our children safe from environmental dangers."

 

    Senator Inhofe said the GAO report indicated that, "the Agency has not fully used the Office of Children's Health Protection and has not prioritized children's health considerations in light of advisory recommendations. However, what the report does not fully address is the fact that EPA must always balance recommendations on children's health with objective scientific standards, legal requirements, and practical realities. . . But, in contrast to what some of the witnesses will say today, I do not believe that EPA needs additional congressional authority to specifically protect children's health. . ."

 

    Senator Nelson testified to bring attention to the community in Palm Beach Florida called the Acreage where the town of about 50,000 has been shaken by what he called "fears of a cancer cluster." He said, "In February, a study by the state health department found higher than normal incidences of brain and central nervous system cancer in girls and young women. Some residents have lost a loved one; others aren't sure if their homes are safe to live in; and if they try to leave, they worry they won't even be able to sell their homes. Despite a year-long investigation, we still don't know what's causing these cancers and people cannot get their lives back to normal until they have answers. . ."

 

    GAO indicated in their report that exposure to toxic chemicals or environmental pollutants may harm the health of the nation's 74 million children and contribute to increases in asthma and developmental impairments. In 2007, 66 percent of children lived in counties exceeding allowable levels for at least one of the six principal air pollutants that cause or aggravate asthma, contributing to medical costs of $3.2 billion per year, according to the Centers for Disease Control and Prevention.

 

    In 1997, Executive Order 13045 mandated that agencies place a high priority on children's risks and required that policies, programs, activities, and standards address those risks. In response, U.S. EPA created the Office of Children's Health Protection and convened the Children's Health Protection Advisory Committee. GAO's report assesses the extent to which EPA has institutionalized consideration of children's health through: (1) strategies and priorities; (2) key offices and other child-focused resources; and (3) participation in interagency efforts.

 

    GAO indicated that they found EPA has developed policies and guidance to consider children, but "it has not maintained attention to children through agency strategies and priorities." In 1996, EPA created a national agenda on children's health, and its 1997 and 2000 strategic plans highlighted children's health as a key cross-agency program. As a result, the agency's research advanced the understanding of children's vulnerabilities. However, "EPA has not updated the agenda since 1996, and the focus on children is absent from the 2003, 2006, and September 2009 draft strategic plans."

 

    GAO also indicates in its report that EPA has not fully used the Office of Children's Health Protection and other child-focused resources. "The active involvement of managers from the office and experts from the Children's Health Protection Advisory Committee has been lacking, as has the involvement of key staff throughout EPA. Although EPA now has a new Director of Children's Health, the office had not had consistent leadership since 2002, hampering its ability to support and facilitate agencywide efforts and elevate matters of importance with senior officials. For example, a previous director established workgroups to bring together officials from the program offices and the children's health office, but a subsequent acting director eliminated these groups, effectively halting work on a key set of children's health recommendations. In addition, the regional children's health coordinators -- who provide outreach and coordination for EPA -- have no national strategy or dedicated resources. Finally, the advisory committee has provided hundreds of recommendations, but EPA has requested advice on draft regulations only three times in the last decade."

 

    GAO said while EPA leadership is key to national efforts to protect children from environmental threats, EPA's efforts have been hampered by the expiration in 2005 of certain provisions in the executive order. For example, the Task Force on Children's Environmental Health provided EPA with a forum for interagency leadership on important federal efforts, such as the National Children's Study. It also provided biennial reports that helped establish federal research priorities.

   

    EPA testified that, "Children's health is a driving force behind Administrator Jackson's priorities. In a February 2010 memo to EPA senior managers, she reaffirmed EPA's commitment to considering the health of pregnant women, infants and children in all human health related activities and to the use of EPA's 1995 Policy on Evaluating Health Risks to Children and the best available research and data to guide our children's health protection efforts. In the memo, Administrator Jackson describes EPA's Children's Health Agenda and identifies the Office of Children's Health Protection as having the lead in ensuring that the Agency is successful in its efforts to protect children's health."

 

    Peter Grevatt Ph.D., Director, Office of Children's Health Protection and Environmental Education at EPA said it's important to focus on children because, "Children eat, drink and breathe more per pound than adults. When food, water, or air is polluted, children are exposed to more of the pollution than adults. For example, an average infant less than 6 months old consumes 2.5 times more water than an adult on a per pound basis. Children can have greater exposure to chemicals through behaviors that are unique to childhood, such as crawling, putting objects in their mouths, and eating nonfood items. Children also have unique exposures, for example, through the umbilical cord and through breast milk. Their bodies are rapidly developing. Exposure to toxic chemicals during critical windows of development can lead to disease or other serious effects on organ systems. . ."

 

    Access the hearing website for links to all testimony, the opening statements, the GAO report and a video (click here).

 

 

White House Task Force Interim Report On Climate Change Adaptation

Mar 16: The White House Interagency Climate Change Adaptation Task Force, which includes representatives from more than 20 Federal Agencies, released an Interim Progress Report which outlines the Task Force's progress to date and recommends key components to include in a national strategy on climate change adaptation. These six components include: Integration of Science into Adaptation Decisions and Policy; Communications and Capacity-building; Coordination and Collaboration; Prioritization; A Flexible Framework for Agencies; and Evaluation.

 

    The brief 7-page report explains that the U.S. Global Change Research Act of 1990 established the U.S. Global Change Research Program (USGCRP) "to understand, assess, predict, and respond to human-induced and natural processes of global change" and the White House Task Force was formed to work in parallel and in coordination with USGCRP, to begin to develop Federal recommendations for adapting to climate change impacts both domestically and internationally. President Obama placed special emphasis on adaptation when he ordered, on October 5, 2009 [Executive Order 13514], the establishment of an integrated strategy towards sustainability in the Federal Government. Part of the order referenced the work of the Task Force and called on it to report to him within a year on Agency actions in support of developing the domestic and international dimensions of a U.S. strategy for adaptation to climate change. The Interim Progress Report is now available for 60 days of public comment and the Final Report will be presented to the President in October 2010.

 

    The final report will detail the development of domestic and international dimensions of a U.S. strategy for adaptation to climate change, agency actions in support of that strategy development process, and recommendations for any further measures to advance towards a national strategy. The Task Force indicates that it "will not, however, deliver a complete U.S. adaptation strategy to the President." Five workgroups (on science inputs to adaptation, agency process, water resource management, insurance, and international assistance) are currently reviewing existing policies, operations, procedures, and other tools that affect the Federal government's ability to respond to and prepare for climate impacts. The workgroups will suggest options for improving the government's adaptive capacity as climate change continues. To date, the workgroups have reviewed relevant literature, analyzed existing agency adaptation activities, and conducted listening sessions with external groups and experts on managing climate impacts and adaptation efforts. Case studies, legislative proposals, and comparisons of other governments' approaches are also being reviewed and considered.

 

    According to the interim report, the Task Force has found that, "climate change is affecting, and will continue to affect, nearly every aspect of our society and the environment. Some of the impacts are increased severity of floods, droughts, and heat waves, increased wildfires, and sea level rise. Climate change impacts are pervasive, wide-ranging and affect the core systems of our society: transportation, ecosystems, agriculture, business, infrastructure, water, and energy, among others. Climate change already is affecting the ability of Federal agencies to fulfill their missions."

 

    And, while there already is "substantial U.S. government and non-government activity towards adapting and building resilience to climate change risks. . . there still are significant gaps in the U.S. government's approach to climate change adaptation and building resilience." The Task For says the gaps include: Coherent research programs to identify and describe regional impacts associated with near-term, long-term, and abrupt global climate change Relevant climate change and impact information that is accessible and usable by decision-makers and practitioners; A unified strategic vision and approach; Understanding of the challenges at all levels of government; Comprehensive and localized risk and vulnerability assessments; Organized and coordinated efforts across local, State and Federal agencies; Strong links between, and support and participation of, Tribal, regional, State, and local partners; A strategy to link resources, both financial and intellectual, to critical needs; and A robust approach to evaluating and applying lessons learned.

 

    The report indicates that a national strategy for climate change adaptation and resilience would help address the gaps. It says, "The strategy should emphasize two major changes in the way the U.S. government operates. First, agency climate change adaptation and resilience requires a flexible, forward thinking approach. This represents a shift away from using past conditions as indicators of the future, and a requirement for on-going investigation, revision and adaptive management. Second, responses to climate change challenges and opportunities should be integrated into current plans, processes and approaches of the U.S. government. This integration will allow adaptation and building resilience to become part of existing activities, and to be considered within the context of the broader system of stresses, risks and opportunities."

   

    The report indicates that over the next seven months, the Task Force may refine recommendations around structural issues such as improving and integrating science results in developing policy and a framework for Federal agency adaptation, as well as cross-cutting topics, including water resources management and international adaptation. The Task Force also may establish additional workgroups, in cooperation with USGCRP, including those to inform the development of a national strategy in the areas of communications and capacity-building, coordination and collaboration across government and with partners, evaluation and learning, and other priority issues. Through a series of regional outreach meetings and pilot activities, the Task Force will continue moving towards recommendations on the development of a national strategy on climate change adaptation.

   

    Access the Climate Change Adaptation Task Force website for an overview and background information (click here). Access the interim report (click here).

International Execs Warn Climate Action Delay Cost $500 Billion/Yr

Mar 15: Executives of the International Energy Agency (IEA) and the World Business Council for Sustainable Development (WBCSD) said they "remain optimistic that the world will meet the climate challenge" and say that the disappointments of Copenhagen should not be uses to "place blame or as an excuse to abandon the effort."

 

    In a release the groups said, "The future world will be resource and carbon constrained. Cleaner, more efficient technologies are required; the "green race" has begun among companies and countries to become the leading suppliers of these solutions. Our work in countries all around the world convinces us that government and business leaders understand that adopting new, more energy efficient technologies is essential for continued international competitiveness and long-term growth prospects." They said the 9 billion people in the future world, the majority urbanized,  will all be demanding food, water and housing which "requires a push for resource efficiency and a drive for reduced pollution."

 

    Looking forward, they outline some steps including: the first priority should be to launch a new, concerted effort to increase the efficiency of energy production and use. They said IEA's recommendations to improve energy efficiency could, if implemented globally, reduce global CO2 emissions by more than 8 billion tonnes per year by 2030. Second, clean energy growth will require large and continuing investment in renewable energy, nuclear power and carbon capture and storage (CCS). By 2050 they said, "we need to achieve a 6-fold increase in renewable energy, a 3- to 4-fold increase in nuclear power and an expansion of CCS from the five successful large-scale projects that exist today to over three thousand projects."

    Third, the groups said the transport sector must also be far along the path to decarbonization by 2050. This will entail "rapid replacement of conventional vehicles by hybrid and electric vehicles, combined with sustainable biofuels, and essential programs to expand use of mass transit and other cleaner mobility options. Achieving these goals will require rapid changes in the way we produce, use and even think about energy in modern society. We believe we can -- and must -- begin the evolution toward a more efficient, low-carbon energy system today. The longer we wait, the more inefficient and high-carbon technologies will become 'locked in' and the higher the ultimate price tag of cutting emissions."

    IEA analysis estimates that every year of delay adds US$ 500 billion to the investment needed worldwide between 2010 and 2030 in the energy sector. We cannot afford to postpone action any longer. They said that despite the urgency, "current efforts fall short. Although government investment in low-carbon technologies increased in 2008-2009 for the first time since the 1970s, it is still not enough. We need to sustain these increases and at least triple public investment in clean energy research, development and deployment. The private sector is ready to take on greater risk in new, innovative low-carbon technologies if they see a positive return on their investment. But the rules need to be clear and the operating framework more certain. . . The world is moving on from Copenhagen. Negotiations must continue, but action need not await their outcome.

    Access a lengthy release from the two organizations and link to additional information (click here).

EPA Agrees To Consider Ocean Acidification Under CWA

Mar 11: U.S. EPA has agreed to consider how states can address ocean acidification under the Clean Water Act (CWA) in a  settlement that responds to a lawsuit brought by the Center for Biological Diversity (CBD) which challenged EPA's failure to recognize the impacts of acidification on coastal waters off the state of Washington. The suit, brought under CWA, was the first to address ocean acidification. Miyoko Sakashita, CBD oceans director said, "This settlement marks a crucial step toward combating ocean acidification with our nation's strongest water-quality law, the Clean Water Act. We already have the legal tools we need to limit ocean acidification, and the Clean Water Act has a history of success reducing pollution."

    Ocean acidification, the "other carbon dioxide problem," results from the ocean's absorption of CO2 from the atmosphere, which increases the acidity of the ocean and changes the chemistry of seawater. The primary known consequence of ocean acidification is that it impairs the ability of marine animals to build and maintain the protective shells and skeletons they need to survive. Nearly every marine animal studied to date has experienced adverse effects due to acidification. Sakashita said, "Ocean acidification is global warming's evil twin, and CO2 pollution is one of the biggest threats to our marine environment. We need prompt action to curb CO2 emissions to avoid the worst consequences of acidification."

    Under the settlement, EPA has agreed to initiate a public process to develop guidance on how to approach acidification under the Federal Clean Water Act. Specifically, EPA will consider a provision of the Act that requires states to identify threatened or impaired waters and set limits on the input of pollutants into these waters. On March 15, EPA was to submit for publication in the Federal Register a notice soliciting public comments on how to evaluate waters threatened by acidification and address the problem. Scientists have confirmed widespread ocean acidification due to CO2 pollution. The Arctic, for example, faces imminent consequences, and areas of the Arctic are expected to become corrosive by 2016.

    Access a release from CBD and link to more information (click here). Access links to extensive documentation related to the agreement (click here).

Enhanced Oil Recovery Could Cut Imports By 40%+

Mar 10: A new analysis by Advanced Resources International (ARI), a research and consulting firm providing services related to unconventional gas and carbon sequestration, indicates that the U.S. has a significant opportunity to increase its energy independence, slash foreign oil imports by as much as half by 2030, and cut carbon emissions through a process known as enhanced oil recovery (EOR) with carbon capture and storage (CCS). ARI says that EOR with CCS would help drive domestic economic growth and increase U.S. oil reserves. Clean energy and climate legislation that is being considered in the U.S. Congress is projected to lead to large volumes of captured CO2 from power plants and other industrial sites, sufficient to fully develop oil recovery potential in existing U.S. oil fields.

    In a release from ARI, Tracy Evans, President of Denbury Resources Inc., a leader in CO2-enhanced oil recovery in the Southeast and Northwest said, "Using CO2 to enhance oil recovery is neither a new nor an exotic technology. There is no doubt that a large market exists for CO2 emissions captured from industrial sources and power plants for expanding domestic oil production. The single largest deterrent to expanding production from CO2-EOR today is the lack of large volumes of reliable and affordable CO2."

    The report finds that carbon capture stimulated by Federal clean energy and climate legislation could boost U.S. oil production between 3 to 3.6 million barrels per day, cutting imports of crude oil up to 40 percent compared to today's levels and up to 52 percent by 2030 (based on 2009 figures), depending on how much of the captured CO2 is used for enhanced oil recovery purposes. The release indicates that the CO2-enhanced domestic oil production "would help keep more than $700 billion in the U.S. economy, employing tens of thousands American workers, while increasing state and Federal revenues between $190 and $210 billion."

    In addition, the report shows that the U.S. can significantly cut and sequester carbon emissions by up to 530 million tons per year by 2030. This is the equivalent of taking 88 million cars off the road. Jon Powers, CEO of the Truman National Security Project and an Iraq War veteran said, "For too long our nation's energy policies have kept us tied to unfriendly countries in the Middle East and elsewhere that weakens our national security and puts our troops in harm's way. Using carbon emissions to boost domestic oil production can be an important step in dramatically increasing our energy independence, while simultaneously cutting the pollution that also threatens our climate."

    The clean energy and climate legislation that is pending in Congress would help to stimulate and support rapid deployment of carbon capture and storage in power generation and other industrial facilities that emit significant volumes of carbon dioxide. The report indicates that the states that would benefit the most from CO2-EOR include: Arkansas, California, Indiana, Illinois, Kansas, Louisiana, Montana, New Mexico, North Dakota, Oklahoma, Texas and Wyoming.

    Mike Godec, ARI Vice President said, "This is an important piece of the puzzle for reducing our dependence on foreign oil and cutting carbon emissions. With the right policies and investment in demonstrating EOR technologies, captured CO2 could be productively used to produce more domestic oil from existing oil fields. These are benefits that should appeal to a broad range of politicians and business leaders - not to mention the general public that wants greater national security and more energy independence."

    Access a release from ARI with links to additional information (click here). Access the complete report (click here). Access the complete 56-page report (click here). Access the ARI website for additional information (click here).

2,000+ U.S. Scientists & Economists Urge Action On Climate Bill

Mar 11: Nobel Prize-winning economists and scientists delivered a letter to the U.S. Senate urging lawmakers to require immediate cuts in global warming emissions. The letter was signed by more than 2,000 prominent U.S. economists and climate scientists, including eight Nobel laureates, 32 National Academy of Sciences members, 11 MacArthur "genius award" winners, and three National Medal of Science recipients. 

    James McCarthy, one of the letter's organizers and a biological oceanography professor at Harvard University said, "The nation's leading scientists and economists have joined together to tell policymakers we agree about the urgency of addressing climate change now. The bad news is the science of climate change is indisputable. The good news is we can cost-effectively cut the emissions that are causing it." McCarthy is a former president of the American Association for the Advancement of Science, the chairman of the Union of Concerned Scientists (UCS) board, and a leader of the Nobel Peace Prize winning U.N. Intergovernmental Panel on Climate Change (IPCC).

    The letter states, "We call on our nation's leaders to swiftly establish and implement policies to bring about deep reductions in heat-trapping emissions. The strength of the science on climate change compels us to warn the nation about the growing risk of irreversible consequences as global average temperatures continue to increase over pre-industrial levels (i.e., prior to 1860). As temperatures rise further, the scope and severity of global warming impacts will continue to accelerate. . .

 

    "The longer we wait, the harder and more costly it will be to limit climate change and to adapt to those impacts that will not be avoided. Many emissions reduction strategies can be adopted today that would save consumers and industry money while providing benefits for air quality, energy security, public health, balance of trade, and employment. . .

 

    "A strong U.S. commitment to reduce emissions is essential to drive international climate progress. Voluntary initiatives to date have proven insufficient. We urge U.S. policy makers to put our nation onto a path today to reduce emissions on the order of 80 percent below 2000 levels by 2050. The first step on this path should be reductions on the order of 15-20 percent below 2000

levels by 2020, which is achievable and consistent with sound economic policy. There is no time to waste. The most risky thing we can do is nothing."

 

    According to a release, the letter was issued "partly as a response to escalating attacks on climate science and disinformation about the costs of addressing global warming." Elinor Ostrom, an Indiana University professor and a Nobel Prize-winner in economics said, "In the economic emergency we are experiencing, some people think that we cannot afford to address the problem of climate change. It's the other way around. If we don't act now, we will run into even greater economic problems in the future."

 

    Access a release and link to the complete letter and signers (click here).

Competing, Confusing Electronics Recycling Certification Programs

Mar 9: A release from U.S. EPA regarding its sponsored electronic recycling certification program does not mention what some consider to be a more restrictive and competing international certification program from the Basel Action Network (BAN) [See WIMS 2/11/10]. Both programs are just now getting underway and are certain to cause confusion for the public, recyclers, and manufacturers.

 

    U.S. EPA's release indicates that through "a brand new electronics recycling certification program," the Agency "is taking steps to ensure that electronics recyclers adhere to highly protective standards for workers and the environment in processing pre-owned electronics. This new certification process also means that recycled materials will not be shipped overseas without the consent of the designated country."

    According to EPA only "three companies nationwide have received this new designation – called Responsible Recycling [R2] Practices Certification. The first, and only certified recycler in the mid-Atlantic region is E-structors, Inc. of Elkridge, Md." TechTurn of Austin, Texas, and Waste Management of Minnesota were also certified as electronic recycling firms.

    EPA Regional Administrator Shawn Garvin said, "This new e-cycling certification program will take the guesswork out of choosing a responsible recycler. Recycling is an important tool in our arsenal and we need to make sure it's done correctly to prevent environmental harm and ensure the safe re-use of materials. We strongly encourage other electronic recyclers to obtain the certification to ensure that public health and the environment receive the highest protection available."

    In its release EPA indicates that, "The protocols required of certified recyclers help to reduce energy and natural resource consumption, greenhouse gases and hazardous waste. Recyclers are not permitted to burn or landfill certain materials. If electronics are going to be sold for reuse, the recycler must show that all personal data has been cleared or destroyed, that the equipment has been tested and is in working condition, and that the equipment is packaged properly. A recycler must exercise due diligence to ensure appropriate management of the materials throughout the recycling chain, whether domestic or international."

    EPA says that "To apply for certification, electronics recyclers should contact either SGS or Perry Johnson Registrars to receive certification, provided they meet the rigorous certification standards. Both SGS and Perry Johnson Registrars are leading inspection, verification, testing and certification companies. As accredited certifying bodies for certification, SGS and Perry Johnson Registrars are required to list companies they have certified on their respective websites."

 

    However, the EPA release fails to mention or acknowledge the competing new e-Stewards Certification and Standard from the Basel Action Network (BAN) -- a certification program for electronics recycling created jointly by the environmental community and business leaders. In February, the Natural Resources Defense Council (NRDC) announced its endorsement of the e-Stewards program which it called "the first-ever certification program for electronics recycling." NRDC Senior Scientist Dr. Allen Hershkowitz said, "This initiative is sorely needed. Many e-waste recyclers claim to be green, but in reality they rely on unsafe and ecologically damaging methods like dumping millions of tons of toxic waste each year in China, India and Africa. E-Stewards provide businesses and consumers with a first-of-a-kind seal to identify the truly responsible recyclers."

 

    When it announced its support for the e-Stewards program, NRDC pointed out that, "In 2008, the Government Accountability Office (GAO) released a report roundly criticizing the US EPA for not doing more to promulgate and enforce rules to control the e-waste trade. Unfortunately, to date little has changed and a market-based solution is seen as more necessary than ever."

 

    The e-Steward Certification is a fully accredited certification that relies on independent, third-party auditors to verify safe and ethical e-waste disposal. It is awarded to companies that recycle electronics without using practices that far too many in U.S. electronics recycling industry rely upon -- the use of municipal landfills and incinerators, the export to developing countries, or U.S. prison labor for disposing of toxic old electronics. While the EPA sponsored program lists only three certified recyclers, the eSteward program indicates that there are about 50 North American recyclers that are considered "Pledged e-Stewards" which have been vetted by BAN and are licensed and committed to becoming certified in the next 18 months. These companies include some of the largest electronics recyclers in North America.

 

    A February 17, 2010, editorial in Green Computing, critical of the EPA sponsored R2 program says, "R2 lacks the support of the environmental community and some of the most prominent electronics recyclers in the United States. In fact, a number of recyclers now pursuing e-Stewards Certification were once participants in the R2 development process and walked away when it became clear that the manufacturers' special interests would prevail over truly responsible recycling practices." An article in Plastics News describing differences between the two competing programs quotes Barb Kyle, national coordinator of the Electronics TakeBack Coalition, who said her organization left the R2 discussions along with BAN and decided to help develop the e-Stewards standard. She said, "It was only too clear they were headed for a low bar."

 

    Access the release from EPA (click here). Access the Perry Johnson Registrars (click here).  Access SGS (click here). Access more information on EPA's Responsible Recycling program (click here).  Access a release from NRDC (click here). Access the complete list of Pledged e-Stewards (click here). Access the e-Stewards website for complete information on certification and related information (click here). Access the BAN website for more information (click here). Access the Green Computing editorial (click here). Access the Plastics News article (click here).

Jackson Speaks at Press Club On Environment & Economy

Mar 7: U.S. EPA Administrator Lisa Jackson, delivered a speech to the National Press Club with the theme that what's good for the environment is good for the economy. Jackson said, "We've restored the rightful place of science as the first factor in all of our decisions; developed and implemented rules that will protect children, keep people healthy and save lives; and taken long-overdue action on climate change, including a revolutionary clean cars program built on the historic finding that greenhouse gas pollution endangers public health and welfare.

    "On that last point, the overwhelming scientific evidence was recently met with arguments that Washington DC experienced an unprecedented blizzard and record snowfalls this winter -- as if an unexpected change in our climate somehow disproves climate change. Today I want to talk about a misconception that threatens to do more harm to our progress as a nation than the carping over climate science. And that's the misconception that we must make a choice between cleaning up our environment and growing our economy. . ."

 

    She said environmental protection "makes us healthier. It eliminates contributors to costly and often deadly diseases like asthma, cancer and heart disease. Second, environmental protection makes our communities more prosperous and our workforce more productive. . . These are two reasons why our environment is essential to our economy. But what I want to focus on today is the vital role environmentalism plays for a critical driver of our economic success: our capacity for innovation and invention."

 

    She indicated that, "Everyone wants a clean environment. 10 out of 10 Republicans want clean air to breathe. 10 out of 10 Democrats think safe water is important. Ask all 20 and they'd actually agree. As a Boston Globe editorial put it last week, even 'anti-government' protestors know it's 'no fun having a tea party with contaminated water.'"

 

    As one example, Jackson cited, "the phase out of ozone-depleting CFCs. CFCs were the chemicals in aerosol cans and other products that led to a growing hole in the ozone layer. I remember a lot of people wondering if they were going to have to give up their hairspray or their deodorant – and not being too happy about it. And they weren't the only ones. The chemical industry predicted severe economic disruption. Refrigeration companies forecasted shutdowns of supermarket coolers and chiller machines used to cool office buildings, hotels and hospitals. Companies that used CFCs in manufacturing believed the transition would be next to impossible. The doom-and-destruction never came to pass. Refrigerators and air conditioners stayed on.
When innovators took up the manufacturing challenge, they found alternatives that worked better than CFCs. Some developed new technology that cut costs while actually improving productivity and quality. . ."

 

    She said, "New environmental protections. New innovations. New jobs. This is the direction we are moving in 2010 . . . And of course, we will continue to face down our climate crisis and move into the clean energy future. As you might expect, we're running into the same old tired arguments. Once again industry and lobbyists are trying to convince us that changes will be absolutely impossible. Once again alarmists are claiming this will be the death knell of our economy. Once again they are telling us we have to choose: Economy? Or environment? Most drastically, we are seeing efforts to further delay EPA action to reduce greenhouse gases. This is happening despite the overwhelming science on the dangers of climate change…despite the Supreme Court's 2007 decision that EPA must use the Clean Air Act to reduce the proven threat of greenhouse gases…and despite the fact that leaving this problem for our children to solve is an act of breathtaking negligence. . .

 

    ". . .the economic costs of unchecked climate change will be orders of magnitude higher for the next generation than it would be for us to take action today. . . 7 in 10 consumers say they will choose brands that are doing good things for people and the planet. 74 percent believe that our companies should do more to protect our planet. And more than half of Americans will look for environmentally friendly products in their next purchase. . . Industry can try to resist and ignore EPA, but I know – and they know – that they resist the forces of the green marketplace at their own peril. It's time to put to rest the notion that economic growth and environmental protection are incompatible. It's time to finally dismiss this false choice. . . I'm done with the false choice between the economy and the environment. I want an EPA that is a leader in innovations that protect our health and our environment and expand new opportunities. I'm not interested in leading an agency that only tells us what we can't do. I want to work together on all the things we can do.

 

    Access a release from EPA with excerpts, and link to the full speech and sound bites (click here).

 

Wind Turbine Guidelines Committee Complete 2-Year Effort

Mar 5: Department of Interior (DOI) Secretary Ken Salazar praised the work of the 22-member Wind Turbine Guidelines Federal Advisory Committee, which reached consensus on a set of draft recommendations aimed at minimizing the impacts of land-based wind farms on wildlife and its habitat. Salazar said he will review the recommendations and take them under advisement as he asks the Fish and Wildlife Service to develop guidelines for evaluating wind energy development on public and private lands.

    He said, "Wind power is one of the keys to America's clean energy future, but its development must be balanced with the long-term protection of the natural resources under our management. I commend the committee for their two years of work developing these recommendations, which will help us ensure that wind energy is developed in a responsible manner." Highlights of the committee's recommendations include: A decision-making framework that guides all stages of wind energy development; Reliance on the best available science when assessing renewable energy projects and their potential environmental impact; and Use of landscape-scaled planning that recognizes the need to think long-term about protecting our nation's economic and natural resources.

    Michael Bean, Counselor to Assistant Secretary for Fish and Wildlife and Parks said, "The Interior Department is creating a new energy frontier for America by harnessing the renewable energy potential of America's public lands while protecting wildlife. The Committee's recommendations will help us reach science-based decisions for future wind energy projects, while minimizing and mitigating local and regional impacts to wildlife." The draft report contains both policy recommendations and recommended voluntary guidelines for siting and operating wind energy projects in order to avoid or minimize potential impacts to wildlife and habitat.

 

    The Committee was created in accordance with the Federal Advisory Committee Act and represents varied interests associated with wind energy development as well as wildlife management professionals. The Committee does not address off-shore wind energy development. The Committee reports to DOI Secretary through the Director of the U.S. Fish and Wildlife Service (FWS). It functions solely as an advisory body, providing recommendations on effective measures to protect wildlife resources and coordinate the review and evaluation of facilities by state, tribal, local and federal agencies.

 

    Access a release from DOI (click here). Access the latest Committee 6.1 draft 122-page document (click here). Access the Wind Turbine Guidelines Advisory Committee website for a list of committee members, their affiliations, and background information including a 23-page legal white paper (click here).  Access the FWS Wind Energy website for more information (click here).

Key House & Senate Dems Push To Halt EPA Climate Regulations

Mar 4: In what has to be interpreted as a Democratic pushback and a setback for the Obama Administration's climate change legislative and regulatory agenda, key legislators from the Senate and House have introduced legislation to suspend potential U.S. EPA regulation of greenhouse gases (GHG) from stationary sources for two years. In the Senate, Senator John D. (Jay) Rockefeller (D-WV), Chairman of the Senate Committee on Commerce, Science & Transportation introduced S. 3072. In the House, Representative Nick Rahall (D-WV), Chair of the House Committee on Natural Resources introduced the companion legislation (H.R. 4753) along with cosponsors Representatives Alan Mollohan (D-WV) and Rick Boucher (D-VA).

    In a release from Senator Rockefeller he said, "Today, we took important action to safeguard jobs, the coal industry, and the entire economy as we move toward clean coal technology. This legislation will issue a two year suspension on EPA regulation of greenhouse gases from stationary sources -- giving Congress the time it needs to address an issue as complicated and expansive as our energy future. Congress, not the EPA, must be the ideal decision-maker on such a challenging issue."

    Senator Rockefeller said further, "Two weeks ago, I sent a letter to EPA Administrator Lisa Jackson challenging EPA's potential regulation of greenhouse gases [See WIMS 2/23/10]. Administrator Jackson responded quickly and showed some willingness to move the agency's timetable for regulation to the end of 2010. This is a positive change and good progress, but I am concerned it may not be enough time. We must set this delay in stone and give Congress enough time to consider a comprehensive energy bill to develop the clean coal technologies we need.  At a time when so many people are hurting, we need to put decisions about clean coal and our energy future into the hands of the people and their elected representatives, not a federal environmental agency." 

    Although Senator Rockefeller's bill did not have any original cosponsors, it's important to note that he was joined by Senate Democrats Mark Begich (AK), Sherrod Brown (OH), Carl Levin (MI), Bob Casey Jr. (PA), Robert Byrd (WV), Claire McCaskill (MO), and Max Baucus (MT) in the letter to Administrator Jackson. That letter said, "We write with serious economic and energy concerns relating to the potential regulation of greenhouse gases (GHGs) from stationary sources under the Clean Air Act. Ill-time or imprudent regulation of GHGs may squander critical opportunities for our nation, impeding the investment necessary to create jobs and position our nation to develop and produce its own clean energy. We strongly believe this is ultimately Congress' responsibility, and if done properly, will create jobs, spur new clean energy industries, and greatly advance the goal of U.S. energy independence. If done improperly, these opportunities could be lost."

    Representative Rahall and his cosponsors issued even stronger statements. Rahall said, "I am dead-set against the EPA's plowing ahead on its own with new regulations to limit greenhouse gas emissions from coal-fired power plants. This is reasonable and responsible legislation that will protect a vital industry -- coal -- and essential jobs for West Virginia and the Nation." Mollohan said, "EPA must be stopped from moving further down this very dangerous road -- one that would throw West Virginians out of work and increase energy prices for all Americans. Climate change will remain deeply controversial, but our approach is the only one that has a chance of bringing all sides together to stop what most everyone agrees is a very bad idea -- EPA pushing ahead with its own regulations." Boucher said, "EPA regulation of greenhouse gases would be the worst outcome for the coal industry and coal related jobs. Our bill is a responsible, achievable approach which prevents the EPA from enacting regulations that would harm coal and gives Congress time to establish a balanced program."

   

    In background information included with Senator Rockefeller's release he indicates that, "The bill will give Congress the time it needs to design and pass well thought-out legislation. Comprehensive energy legislation should be crafted with a combination of certainty and incentives to create the right business atmosphere for coal's continued use well into the 21st century. In order to give businesses, energy company CEOs, and investors a reason to invest in technology, they need to know there will be a market for that technology and some level of comfort around the certainty of future environmental regulations. 

    In April 2007, the Supreme Court ruled in Massachusetts v. EPA that EPA must make a determination (i.e. "endangerment finding") when it comes to regulating motor vehicle emissions. On December 15, 2009, EPA published its final rule in the Federal Register, stating: "The Administrator finds that greenhouse gases in the atmosphere may reasonably be anticipated both to endanger public health and to endanger public welfare." The Supreme Court ruling gives the EPA the authority to regulate greenhouse gases under the Clean Air Act. Senator Rockefeller indicated that, "If Congress wants to change or alter that authority -- or suspend it long enough to pass comprehensive legislation -- Congress must be able to pass a bill that addresses the real life economic impacts that EPA is not equipped to consider."

    The latest efforts by House and Senate Democrats only adds to the already significant resistance to the White House and EPA efforts to develop climate change and energy legislation and regulations. In the House, the Republican leader John Boehner (R-OH) and 85 other Republicans have cosponsored  H.J. Res. 77, a resolution of disapproval on U.S. EPA's anticipated rules to regulate carbon dioxide or greenhouse gas (GHG) as a pollutant [See WIMS 3/3/10]. In the Senate, Senator Lisa Murkowski (R-AK) introduced her disapproval resolution S.J.Res. 26 which has at least 40 cosponsors [See WIMS 1/22/10].

    Access a lengthy release from Senator Rockefeller with links to the letters to and from EPA (click here). Access a release from Representative Rahall (click here). Access legislative details for S. 3072 (click here). Access legislative details for H.R. 4753 (click here). Access legislative details for H.J. Res. 77 (click here). Access legislative details for H.J. Res. 76 (click here). Access legislative details for S.J.Res. 26 (click here).

Report & Hearing Critical Of Corps Implementation Of 2007 WRDA

Mar 3: The House  Committee on Transportation and Infrastructure (T&I), Chaired by Representative James Oberstar (D-MN), released a report criticizing the U.S. Corps of Engineer's implementation of the Water Resources Development Act of 2007. A release from the Committee indicates that WRDA 2007's requirements for increased transparency, accountability, and modernization "are the most sweeping reforms of how the Corps of Engineers develops and implements its projects and programs since the Water Resources Development Act of 1986."

    The release says the report shows that since WRDA 2007 was enacted, "the Corps has been slow to implement the programmatic reforms and projects in the law, and the results often have been inadequate and inconsistent with the statute and Congressional intent. Among the issues the report examines are the Corps' failure to follow its mitigation requirements and monitoring, submit larger and controversial project proposals to an independent review, improve the quality of modeling and analysis, update its guidelines for project planning and implementation, and streamline its project formulation and delivery process."

    The full Committee held a hearing entitled, The Water Resources Development Act of 2007: A Review of Implementation in its Third Year. Witnesses testifying at the hearing included: Jo-Ellen Darcy, Assistant Secretary of the Army (Civil Works) Department of Army and Lt. Gen. Robert Van Antwerp, Commanding General of the U.S. Army Corps of Engineers; and representatives from the: Massachusetts Port Authority (Massport) & American Association of Port Authorities; National Wildlife Federation (NWF); The National Association of Flood & Stormwater Management Agencies (NAFSMA); American Society of Civil Engineers; and National Waterways Conference.

    On November 8, 2007, Congress enacted the WRDA 2007 over the veto of President Bush. On November 6, 2007, the House of Representatives voted 361-54 to override the veto. On November 8, 2007, the Senate voted 79-14 to override the veto. A background report from the Committee indicates that since November 8, 2007, the Department of the Army and the Corps have been slow to implement the programmatic reforms and projects contained in that law.6 Where the Army and the Corps have implemented reforms, the results often have been inadequate and inconsistent with the statute and Congressional intent.

 

    The Committee report indicates, "In April 2008, the Committee initiated an oversight investigation of WRDA 2007 implementation. The Committee learned that neither the office of the Assistant Secretary for Civil Works (Assistant Secretary) nor the Corps is implementing WRDA 2007 in a timely manner, and neither office possesses information sufficient to determine whether Corps district and division offices are implementing the law. The lack of information and awareness at the Washington, D.C. level severely inhibits the ability of the Corps to achieve the results of WRDA 2007 as intended by Congress."

 

    In a lengthy opening statement Chairman Oberstar said, "Since November 8, 2007, the Department of the Army and the Corps of Engineers have been slow to implement the programmatic reforms and projects contained in that law. Where the Army and the Corps have implemented reforms, the results often have been inadequate and inconsistent with the statute and Congressional intent." Representative Eddie Bernice Johnson (D-TX) Chair of the Subcommittee on Water Resources and Environment said, " I hope that this hearing will shed light on why many of the mandates in the bill still await action 28 months after the Water Resources bill's enactment. The Corps was required to implement revised principles and guidelines within one year of enactment – we still have not seen them."

 

    The Corps testified that it "established a joint team to oversee the implementation of [WRDA 2007] upon its passage on November 7, 2007. The joint team continues to work toward completing implementation guidance of the Act. . .We have given priority for implementation guidance to national policy provisions and to those project and program provisions where funds have been appropriated. We are nearing 80% completion of WRDA Implementation Guidance and are working to complete this important task."

 

    NWF testified that it would focus its testimony on what they see as "the most critical WRDA reform areas: independent peer review (Section 2034), mitigation for fish and wildlife and wetlands losses (Section 2036), and revision of the Water Resources Principles and Guidelines (Section 2031) of WRDA 2007." NWF said they had reviewed the guidance and the extensive amount of other material provided by Assistant Secretary Darcy and the Corps in response questions submitted on November 19, 2009 by Senators Feingold, McCain, Carper, Lieberman, Cardin, and Landrieu; and had conferred with conservation leaders across the country on their experiences regarding many of the projects identified in the documents and the WRDA policy reforms. They said, "On the whole, we have found that to date the implementation of these provisions is in many cases barely underway, guidance that has been prepared in many ways falls short, in some cases far short, of what we believe Congress and the law intended and the objectives sought in the WRDA reforms are still mostly unimplemented."

 

    The National Waterways Conference, Inc., which represents water resources stakeholders, including flood control associations, levee boards, waterways shippers and carriers, industry and regional associations, port authorities, shipyards, dredging contractors, regional water districts, engineering consultants, and state and local governments; used the hearing to relay its opposition to the White House Council on Environmental Quality (CEQ) "Proposed National Objectives, Principles and Standards for Water and Related Resources Implementation Studies" (Proposal) issued in December [See WIMS 12/9/09]. [Note: comment on the CEQ proposal has been extended from March 5, to April 5, 2010, see link below]. The Waterways Conference said that "CEQ took over the proceeding" of developing Principles and Standards applicable to planning studies of water resource projects which was assigned to the Corps under WRDA 2007. The Conference said CEQ's goal was "expanding application of the Principles to water resources development programs and activities government-wide."

 

    The Waterways Conference included its comments on the CEQ proposal and said, "As drafted, the Proposal fails to establish a clear, concise, and workable framework to guide the development of water resources projects. It is incoherent and inconsistent - and thus not implementable in a practical sense. It substantially fails to comply with the explicit directions in Section 2031 of WRDA 07 as well as the large body of previous law and policy related to water resources. It is written so as to not require or even encourage use of proven analytical tools to distinguish among alternatives. It limits in a preemptive manner certain categories of alternatives, and (even while encouraging 'collaboration') seems to assume that water resources planning decisions are the exclusive prerogative of the Federal government thus not recognizing the keystone role played by non-Federal sponsors. Because of these critical and extensive failings, we recommend that this effort be put aside and restarted from the beginning."

 

    Access a lengthy release from Chairman Oberstar and Subcommittee Chair Eddie Bernice Johnson (click here). Access a release on the Committee report and link to the complete 21-page report (click here). Access the hearing website for links to all testimony, a video, and related information (click here). Access the 9-page hearing background report on the hearing (click here). Access the Federal Register announcement extending the comment period on the CEQ Proposal (click here). Access the proposed CEQ Principles and Guidelines (click here). Access an overview and links from CEQ to extensive background information (click here). Access the CEQ public comment website to submit comments (click here).

Senate Hearing On Importance Of Transportation Investments

Mar 3: The Senate Environment and Pubic Works Committee, Chaired by Senator Barbara Boxer (D-CA) held a hearing on, The Importance of Transportation Investments to the National Economy and Jobs. Witnesses testifying at the hearing included representatives from the: American Association of State Highway and Transportation Officials; American Road and Transportation Builders Association; National Construction Alliance II; and the Associated General Contractors of America. Senator Boxer and Ranking Member James Inhofe (R-OK) both delivered opening statements.

 

    The Committee discussed the agreement reached in the Senate in the evening of March 2, that ended Senator Jim Bunning's (R-KY) one-man hold on key legislation to extend he authority another 30 days of surface transportation authorization under the Safe, Accountable, Flexible, Efficient, Transportation Equity Act -- A Legacy for Users (SAFETEA-LU) which expired March 1, 2010. Another bill to extend SAFETEA-LU through the end of 2010 is now pending action [See WIMS 3/1/10].

 

    Chairman Boxer said, "We know transportation infrastructure investment is a proven jobs creator. According to the Department of Transportation (DOT) every $1 billion in Federal money for transportation that is matched by state and local funds supports approximately 34,700 jobs. According to a recent report by the American Association of State Highway and Transportation Officials (AASHTO), more than 280,000 direct jobs have been created or sustained at projects across the country as a result of the highway and transit funding in the American Recovery and Reinvestment Act (ARRA). "

 

    She said, "In coming weeks we will be considering many important aspects of the surface transportation authorization, including , among other topics, federal, state and local partnerships to accelerate transportation benefits, mobility and congestion in urban and rural America, and transportation's impact on the environment. The next highway, transit and highway safety authorization provides an opportunity to take a fresh look at these programs and make the changes necessary to ensure our transportation system will meet America's needs in the coming years. At the end of the day it's a matter of setting the right priorities and crafting innovative and effective means to address them." Both Senator Boxer and Inhofe commented that while there are major disagreements on many issues considered by the Committee, Republicans and Democrats generally agree on many transportation issues.

 

    Senator Inhofe said he was "relieved the Senate was able to work out a deal last night on the 30-day extension of the highway program." But, he continued "this is in no way a victory. This simply means that we will go back to the highway program being funded $1 billion a month lower than 2009 levels and living with the uncertainty of short-term extension. In fact, the states won't receive the new funding provided by this extension for close to a month -- just when this extension is expiring. The House needs to move and pass the long-term extension the Senate sent over last week."

 

    Senator Inhofe indicated, "Despite the relatively small amount of highway investment in the stimulus bill, it is evident that highway investment is a proven job creator-much more so than any of the other of the Administration's so-called "stimulus" initiatives. Although I support increased infrastructure investment in any form, it is important to note that supplemental highway funding in the so called "jobs bill" is in no way a substitute for the short- and long-term economic necessity of a multi-year highway bill re-authorization.

 

    He said, "The Department of Transportation has estimated that the maintenance backlog on our nation's roads and bridges exceeds $600 billion. I have often said that, despite its large size, SAFETEA didn't even maintain the system we have. The previous estimate was just $500 billion-in other words, increases in the costs of steel, cement and higher wages, combined with chronic underinvestment, have put us into an even deeper hole. . . As the rest of the world continues to finance new ports, highways, and sophisticated rail networks to attract new commerce, we are falling far behind, and our underinvestment means that our domestic industries are operating globally at a competitive disadvantage. If we fail to provide a free-flowing transportation system to accommodate the needs of our economy, our manufacturing industries will be forced to export their operations abroad."

 

    Access the hearing website and links to all testimony and a webcast of the hearing (click here).

Hearing On Endocrine Disrupting Chemicals in Drinking Water

Feb 25: The House Energy & Commerce Committee, Subcommittee on Energy and Environment, Chaired by Representative Ed Markey (D-MA) held a hearing entitled, Endocrine Disrupting Chemicals in Drinking Water: Risks to Human Health and the Environment. The hearing examined the science and regulation of endocrine disruptors that may be found in sources of drinking water.Witnesses testifying at the hearing included: Jim Jones, Deputy Assistant Administrator, Office of Prevention, Pesticides and Toxic Substances, U.S. EPA; Linda Birnbaum, Director, National Institutes of Environmental Health Sciences; and representatives from the Natural Resources Defense Council and Applied Pharmacology and Toxicology, Inc.

 

In an opening statement Chairman Markey said, “Lately, not a day goes by where the public is not reminded of the presence of toxic chemicals in the air we breathe and the water we drink, and the potential harmful effects that these chemicals can have on public health and the environment." Markey cited as an example, bisphenol A [BPA], which is used in many plastic containers and as a lining in canned food, and he said, "is associated with developmental and reproductive disorders in humans. To this end, the FDA recently announced that it is concerned about these health effects. I’ve got a bill to ban its use in food and beverage containers, and hope we can finally start limiting our exposure." He also cited, triclosan is another example of an endocrine disruptor which is used as an antimicrobial in hand soaps; and perchlorate, used as an ingredient in rocket fuel, is "pervasively showing up in drinking water all across the nation."


EPA testified that the implementation of the Endocrine Disruptor Screening Program (EDSP) is part of one of Administrator Jackson’s top priorities ‐‐ "to make significant and long overdue progress in assuring the safety of chemicals in our products, our environment and our bodies. Issuing test orders for the generation of data to better understand potential endocrine effects is an important step in improving our ability to protect the public health and the environment from chemicals." EPA said it is "on track to obtain Tier 1 endocrine screening data on several hundred chemicals within the next several years. Although it has taken a long time to develop and implement the EDSP, we have developed and validated some useful tools and learned lessons that can be applied to other areas."

NRDC offered extensive and detailed testimony and said, "There are serious concerns about contaminants in our nation's drinking water and source waters. Fish have been found in numerous rivers, including the Potomac, with disrupted sexual development -- specifically feminized male fish. When this finding was first noted in England in the 1990'S,1 it was considered possibly a fluke. But what was once a localized, spotty observation is now being recognized as a widespread, pervasive phenomenon. Four months ago, scientists from the U.S. Geological Survey reported finding intersex fish in one third of sites surveyed in eight river basins (the Apalachicola, Colorado, Columbia, Mobile, Mississippi, Pee Dee, Rio Grande, and Savannah river basins). . . . The same kind of thing happened with deformed frogs: local observations in the Midwest led to the eventual realization that these amphibian abnormalities are widespread. A recent review by researchers at Yale University concluded that the mystery of these deformities remains unsolved. . ."

NRDC offered a number of specific recommendations for EPA and for Congress. The Congressional recommendations included: - Require EPA to prioritize and screen chemicals in drinking water, including mixtures, for endocrine disrupting effects; - Restore adequate funding for the USGS Toxic Substances Hydrology Program and the USGS National Water Quality Assessment Program (NAWQA), so more data are available on contaminants in source water and drinking water; and - Reform the Toxic Substances Control Act to require testing of chemicals for toxicity, and require EPA action to promptly regulate hazardous chemicals.

The American Chemistry Council (ACC) President and CEO Cal Dooley issued a statement on the House subcommittee hearing and said, “As with any potential chemical risks, ACC members have taken these concerns seriously and have worked to make sure that there are well established scientifically robust methods for assessing endocrine activity and adverse effects and that there are well established regulatory processes to act on this scientific information. Since 1996, ACC has played a constructive role in EPA’s development of the Endocrine Disruptor Screening Program and our goal has been to see it implemented as quickly as possible and in a manner consistent with the law and the science. The importance of basing regulatory decisions on the best science cannot be overstated. Decisions not based on the best science and on established risk assessment and management procedures can misallocate limited resources and limit the use of safe chemicals, and create potentially unnecessary public health concerns.”

Access the statement from Chairman Markey (click here). Access the hearing website for links to all testimony and a video (click here). Access the ACC statement and link to additional information (click here).