EPA Grants E15 Ethanol Waiver For 2007 And Newer Vehicles

Oct 13: U.S. EPA waived a limitation on selling fuel that is more than 10 percent ethanol for model year 2007 and newer cars and light trucks. The waiver applies to fuel that contains up to 15 percent ethanol -- known as E15 -- and only to model year 2007 and newer cars and light trucks. EPA said this represents the first of a number of actions that are needed from Federal, state and industry towards commercialization of E15 gasoline blends. EPA Administrator Lisa Jackson made the decision after a review of the Department of Energy's (DOE's) extensive testing and other available data on E15's impact on engine durability and emissions. Jackson said, "Thorough testing has now shown that E15 does not harm emissions control equipment in newer cars and light trucks. Wherever sound science and the law support steps to allow more home-grown fuels in America's vehicles, this administration takes those steps."

    A decision on the use of E15 in model year 2001 to 2006 vehicles will be made after EPA receives the results of additional DOE testing, which is expected to be completed in November. However, EPA said no waiver is being granted this year for E15 use in model year 2000 and older cars and light trucks -- or in any motorcycles, heavy-duty vehicles, or non-road engines -- because currently there is not testing data to support such a waiver. Since 1979, up to 10 percent ethanol or E10 has been used for all conventional cars and light trucks, and non-road vehicles. Additionally, EPA said several steps are being taken to help consumers easily identify the correct fuel for their vehicles and equipment. First, EPA is proposing E15 pump labeling requirements, including a requirement that the fuel industry specify the ethanol content of gasoline sold to retailers. There would also be a quarterly survey of retail stations to help ensure their gas pumps are properly labeled.

 

    EPA said this "partial waiver" will allow fuel and fuel additive manufacturers to introduce into commerce gasoline that contains greater than 10 volume percent (vol%) ethanol and up to 15 vol% ethanol (E15) for use in certain motor vehicles once certain other conditions are fulfilled. EPA said, "It is important to remember that there are a number of additional steps that must be completed – some of which are not under EPA control – to allow the sale and distribution of E-15. These include but are not limited to submission of a complete E15 fuels registration application by industry, and changes to some states' laws to allow for the use of E15."

    The Energy Independence and Security Act of 2007 mandated an increase in the overall volume of renewable fuels into the marketplace reaching a 36 billion gallon total in 2022. Ethanol is considered a renewable fuel because it is produced from plant products or wastes and not from fossil fuels. Ethanol is blended with gasoline for use in most areas across the country.

    The E15 petition was submitted to EPA by Growth Energy and 54 ethanol manufacturers in March 2009. In April 2009, EPA sought public comment on the petition and received about 78,000 comments. The petition was submitted under a Clean Air Act provision that allows EPA to waive the act's prohibition against the sale of a significantly altered fuel if the petitioner shows that the new fuel will not cause or contribute to the failure of the engine parts that ensure compliance with the act's emissions limits.

 

    On July 29, a bipartisan group of House Energy & Commerce Committee Chairman Henry Waxman (D-CA), Subcommittee Chairman Ed Markey (D-MA), and Ranking Members Joe Barton (R-TX) and Fred Upton (R-MI) urged EPA to reject the use of E15 . The legislators action reinforced an effort by environmental and industry groups, calling on Congress to require thorough and objective scientific testing before allowing an increase in the amount of ethanol in gasoline [See WIMS 7/22/10].

    Also, on September 28, a diverse group of 23 environmental, consumer, food, auto and other industry organizations asked U.S. EPA to deny a request by ethanol manufacturers seeking authorization for the sale of gasoline containing 12 percent ethanol (E12). The groups include, among many others, the Natural Resources Defense Council (NRDC), National Consumers League, Association of International Automobile Manufacturers, Outdoor Power Equipment Institute, National Marine Manufacturers Association, and Grocery Manufacturers Association [See WIMS 9/29/10].

 

    The Outdoor Power Equipment Institute (OPEI) issued a release today (October 13) advising outdoor power equipment users to be aware of new fuel coming on the market with higher levels of ethanol that could harm equipment sitting in their garages, tool sheds and maintenance buildings. Over two hundred million pieces of outdoor power equipment could be at risk of product failure or voided warranty, including chainsaws, lawnmowers, utility vehicles, generators, snow throwers, trimmers, edgers, pruners, chippers, shredders and blowers. OPEI said, "Consumers need to be aware that until today, the maximum allowable limit of ethanol in gasoline was E10 or 10%. That means, all engine products in use today, with the exception of 'flex-fuel' automobiles, were designed, built and warranted to run on gasoline containing no more than 10% ethanol. Use of E15 or higher ethanol blended fuels in any engine product, with the exception of a 'flex-fuel' automobile, could cause performance issues, damage engines, and void the manufacturer's warranty."

 

    On October 6, the Say NO to Untested E15 campaign announced that more than 22,000 Americans had e-mailed President Obama urging him to stop EPA from approving the 50 percent increase in the amount of ethanol in gasoline "until comprehensive, independent and objective scientific testing can show that higher ethanol levels will not increase air pollution, harm engines or raise consumer safety issues." The group said, "EPA, which has been pressured by some in the ethanol industry to increase the amount of ethanol in gasoline from the current 10 percent (E10) to 15 percent (E15). . ." They said, ". . .ethanol burns hotter than pure gasoline, corrodes soft metals, and damages plastics and rubber. As a result, more ethanol in gasoline could have serious effects on engine performance and raises potential safety concerns."

 

    The American Petroleum Institute (API) Director of Downstream Operations, Bob Greco, issued a statement saying, "It is disappointing that the EPA did not wait until the testing process was complete to determine if higher levels of ethanol are safe. From data already gathered, use of higher ethanol in gasoline has revealed several areas of concern. EPA needs to make sure that a new fuel is safe for consumers. Rushing through this new fuel standard without complete research may be good politics but is bad public policy. The large majority of today's vehicle warranties only cover gasoline with up to 10 percent ethanol.  More ethanol in gasoline could result in the voiding of customer warranties. The EPA also seems to believe that a label on the pump will keep consumers safe from misfueling, but the impacts of misfueling are unknown until the necessary research is completed. . ."

 

    The Renewable Fuels Association (RFA) issued a release saying that "EPA is missing an opportunity to reduce America's dependence on foreign oil and create new economic opportunity by limiting its decision on E15 (15% ethanol/85% gasoline) to only model year (MY) 2007 and newer vehicles." RFA President and CEO Bob Dinneen said, "EPA's scientifically unjustified bifurcation of the U.S. car market will do little to move the needle and expand ethanol use today. Limiting E15 use to 2007 and newer vehicles only creates confusion for retailers and consumers alike. America's ethanol producers are hitting an artificial blend wall today. The goals of Congress to reduce our addiction to oil captured in the Renewable Fuels Standard cannot be met with this decision."

 

    Dinneen also pointed out what he called the "apparent legal and scientific disconnect" inherent in EPA's outright denial for MY2000 and older vehicles. He said, "EPA is providing no scientific justification for its decision to bifurcate the market. It's almost as though they pulled the number out of a hat. As test after test has demonstrated, E15 is safe and effective in all light duty vehicles. . . on January 1, 2011, vehicles MY2000 and older will all be out of warranty coverage and beyond their useful lives, thus putting them beyond the regulation of EPA. EPA's overreach to deny E15 for use in vehicles over which they no longer have jurisdiction is beyond puzzling."

 

    On September 15, RFA released a new "comprehensive engineering analysis" prepared for the association (RFA) and performed by Ricardo, Inc, an internationally recognized engineering firm indicating that, "moving from 10 percent ethanol in gasoline to 15 percent will mean little, if any, change on the performance of older cars and light trucks, those manufactured between 1994 and 2000." [See WIMS 9/16/10].

 

    Access a release from EPA (click here). Access extensive information on the E15 waiver from EPA (click here). Access a release from OPEI with links to more information (click here). Access more information on the campaign -- called "Say NO to Untested E15" -- (click here). Access the statement from API (click here). Access a lengthy release from RFA (click here). Access a release from RFA and link to its complete September 15 report (click here).

Reader and Subscriber Notice: Publication Disruption

Readers and subscribers,

 

We were notified this morning of a death in the family. It will be necessary to travel out of state for arrangements and the funeral.

 

As a result we will be unable to publish today or Tuesday, October 12.

Monday, October 11, is a Federal holiday and we were not scheduled to publish that day.

 

We expect to resume publication on Wednesday, October 13, 2010.

 

Thank you very much for you patience and understanding.

 

Sincerely,

Jeff

Jeff Dauphin

President

.....................................................................................................
Waste Information & Management Services, Inc. (WIMS), Since 1980
Newsletter Publishers: Michigan Waste Report; REGTrak; WIMS Daily; & eNewsUSA
Blog Publishers: eNewsUSA; Environmental - Appeals Court; Great Lakes Environment; & Environmental Federal Register
No. 1 Environmental Business Portal: EcoBizPort.com

Oil Spill Commission Releases Draft Papers Critical Of Response

Oct 6: The National Oil Spill Commission released four new draft working papers prepared by its staff. The bipartisan Commission was established by President Obama by an executive order on May 21, and is led by co-chairs including former two-term Florida Governor and former Senator Bob Graham and former Administrator of U.S. EPA William Reilly [See WIMS 5/24/10]. The Commission staff prepares draft working papers to inform the Commissioners' on-going examination of the root causes of the Gulf spill and options to guard against and mitigate the impacts of future spills. The Commissioners' decisions regarding these matters will be contained in the Commission's final report, expected to be issued on January 11, 2011.
 
    The topics of the staff draft working papers are: Decision-Making within the Unified Command (WP#2, 25-pages); The Amount and Fate of the Oil (WP#3, 29-pages); The Use of Surface and Subsea Dispersants during the BP Deepwater Horizon Oil Spill (WP#4, 21-pages); and The Challenges of Oil Spill Response in the Arctic (WP#5, 22-pages). A previous working paper, A Brief History of Offshore Oil Drilling (WP#1, 18-pages), was issued on August 23.

 

    Working paper No. 3, on the Amount and Fate of the Oil indicates that , "The federal government's estimates of the amount of oil flowing into and later remaining in the Gulf of Mexico in the aftermath of the Macondo well explosion were the source of significant controversy, which undermined public confidence in the federal government's response to the spill. By initially underestimating the amount of oil flow and then, at the end of the summer, appearing to underestimate the amount of oil remaining in the Gulf, the federal government created the impression that it was either not fully competent to handle the spill or not fully candid with the American people about the scope of the problem.

 

    "Federal government responders may be correct in stating that low flow-rate estimates did not negatively affect their operations. Even if responders are correct, however, loss of the public's trust during a disaster is not an incidental public relations problem. The absence of trust fuels public fears, and those fears in turn can cause major harm, whether because the public loses confidence in the federal government's assurances that beaches or seafood are safe, or because the government's lack of credibility makes it harder to build relationships with state and local officials, as well as community leaders, that are necessary for effective response actions." The working paper tells the story of the government's struggle to accurately estimate the rate of oil flow from the Macondo well. It next discusses the debate surrounding the governments report on the fate of the oil [See WIMS 8/17/10].

 

    Working Paper No. 4, on the use of dispersants indicates that, "The use of dispersants in the aftermath of the Macondo deepwater well explosion was controversial for three reasons. First, the total amount of dispersants used was unprecedented: 1.84 million gallons. Second, 771,000 of those gallons were applied at the wellhead, located 5,067 feet below the surface. Little or no prior testing had been done on the effectiveness and potential adverse environmental consequences of subsea dispersant use, let alone at those volumes. Third, the existing federal regulatory system pre-authorized dispersant use in the Gulf of Mexico without any limits or guidelines as to amounts or duration. Faced with an emergency, the government had to make decisions about high-volume and subsea dispersant use within time frames that denied officials the opportunity to gather necessary information. The resulting uncertainty even fueled unfounded suspicions that BP was using dispersants without authorization from the government in an effort to mask the oil and to limit its ultimate liability."

 

    The dispersant paper considers two issues. The first is how well the government handled the dispersant issues it faced in the absence of necessary scientific information and pursuant to a regulatory regime that had failed to anticipate this kind of problem. The second is how, in light of lessons learned from this recent experience, government procedures and existing laws might be improved to allow for sounder decisions regarding the use of dispersants in the future.

 

    In defense of its actions, OMB Acting Director Jeffrey Zients and NOAA Administrator Jane Lubchenco issued a joint statement responding to some points raised in the working papers. The agency heads said, "NOAA produced a report at the request of the Unified Command to project the most likely movement of oil. As part of its function to coordinate and review all interagency materials developed in response to the BP oil spill, OMB led a review of a preliminary report and provided comments to ensure the analysis reflected the best known information at the time and accurately reflected the limitation of the model and available information, including response actions. For example, the initial analysis did not include the fact that there was use of boom, skimming, burning, and/or other methods to contain and remove the oil and therefore ran the risk of not accurately reflecting response actions taken. NOAA incorporated the feedback, and the eventual report reflected this improved analysis which is available online (see link below). . . The facts bear out that the federal response significantly mitigated the impact of the spill.

    "As for the predictions about the spill flow rate, senior government officials were clear with the public what the worst-case flow rate could be: in early May, Secretary Salazar and Admiral Thad Allen told the American people that the worst case scenario could be more than 100,000 barrels a day. In addition, BP reported in 2009 that a blowout of the Deepwater Horizon (MC 252) could yield 162,000 barrels of oil a day. . . (see link below).

    "Since the Deepwater Horizon explosion the night of April 20, federal authorities, both military and civilian, have been working on-site and around the clock to respond to and mitigate the impact of the resulting BP Oil Spill in the Gulf of Mexico. The federal government response was full force and immediate, and the response focused on state and local plans and evolved when needed.  As directed by the President, the response was based on science, even when that pitted us against BP or state and local officials, and the response pushed BP every step of the way. Finally, and most importantly, the response provided results for the people of the Gulf Coast."

    Access the Oil Spill Commission website for additional information (click here). Access links to each of the working papers (click here). Access the joint agency response statement (click here). Access the NOAA report on mitigated impacts (click here). Access the agencies information on the spill rate (click here). Access links to various media reports on the Commission's investigation (click here).

ISRI Clarifies R2 Solutions Was Not Created By ISRI

Oct 6: The Institute of Scrap Recycling Industries (ISRI) has issued a release saying, "There has been some confusion over what has been reported regarding the new non-profit organization R2 Solutions. This release addresses that the creation of R2 Solutions was not by ISRI. Rather, R2 Solutions is an independent, non-profit organization created by John Lingelbach and managed by a diverse Board of Directors headquartered in Colorado." [See WIMS 9/28/10]. As WIMS has previously reported there are two major competing electronic waste recycling programs, operated by ISRI and the Basal Action Network (BAN), which are causing considerable confusion for the public and private sectors to participate in responsible electronics recycling. Apparently, the new R2 Solutions organization is adding to the confusion.

    Part of the confusion is in the terminology "Responsible Recycling" or R2 and its relationship to U.S. EPA. According to a release from ISRI, The R2 Solutions organization was formed by John Lingelbach, a nationally recognized environmental mediator who "facilitated the original EPA-sponsored two-and-a-half year, multi-stakeholder process that resulted in the development of the R2 practices in 2008." He will also serve as R2 Solution's Acting Executive Director. The voluntary R2 practices include general principles and specific practices for recyclers disassembling or reclaiming used electronics equipment including those electronics that are exported for refurbishment and recycling.

    The BAN Certified e-Stewards® Initiative program prohibits "exporting of hazardous e-waste from developed to developing countries" and the ISRI Responsible Recycling (R2) Certified Electronics Recycler® Program (RIOS) "prohibits e-recyclers and their downstream vendors from exporting these more toxic materials to countries that have enacted laws making their import illegal." As explained by ISRI in its release, "the goals established for R2 Solutions are fourfold: to assure the open, transparent and balanced governance of the R2 practices, with standards development and stakeholder consultations all made available publicly;  to educate the public about responsible electronics recycling;  to promote the use of the R2 practices; and, to explore opportunities for collaboration in furtherance of responsible electronics recycling throughout the world."

    U.S. EPA has posted on its Responsible Recycling Practices website that, "EPA supports and will continue to push for further safe and protective recycling efforts and encourage improvements in best management practices for recyclers. There are existing recycling certification programs, such as R2 and eStewards that EPA believes advance environmentally safe practices and includes standards for use in third party certification of such efforts." Although U.S. EPA has said the issue of proper management of e-waste is a major international priority; and the Agency has recognized both the BAN and ISRI e-waste programs; it has not provided any independent clarity on the accuracy or extent of their responsible recycling claims.

    On September 30, Representative Gene Green (D-TX), with cosponsors Representatives Mike Thompson (D-CA) and John Carter (R-TX), introduced H.R. 6252, The Responsible Electronics Recycling Act to provide the United States with the regulatory framework to monitor the export of used electronics. Although e-waste (consumer electronics such as TVs, cell phones and computers) is the fastest growing waste stream in the country, the U.S. EPA currently has no framework to monitor the removal, disposal, and export to developing nations. Over 3 million tons of e-waste was generated by the United States in 2007. Representative Green said, "As technology advances at a rapid pace, explosive sales patterns emerge in consumer consumption and old electronics are discarded as a result. Many of these electronics are sent to developing nations for reuse or recycling." The legislation has received support from Dell, Apple, Samsung, The Electronics TakeBack Coalition, and The Natural Resources Defense Council (NRDC) [See WIMS 10/1/10].

 

    Access the ISRI release on R2 Solutions (click here). Access the R2 Solutions website (click here). Access the ISRI Certified Electronics Recycler® Program (click here). Access the BAN Certified e-Stewards® Initiative (click here). Access the BAN e-Stewards standard (click here). Access the ISRI R2 Practices (click here). Access EPA's Responsible Recycling Practices website (click here). Access EPA's eCycling website for more information (click here). Access a release from Representative Green (click here). Access legislative details for H.R.6252 (click here). Access WIMS/eNewsUSA blog postings on electronic waste (click here).

EPA's Clean Water & Drinking Water Infrastructure Sustainability Policy

Oct 4: U.S. EPA is issuing a Clean Water and Drinking Water Infrastructure Sustainability Policy with the goal of increasing the sustainability of water and wastewater infrastructure in the United States. EPA said communities across the country are facing challenges in making costly upgrades and repairs to their aging water infrastructure, which include sewer systems and treatment facilities. Making infrastructure last longer while increasing its cost-effectiveness is essential to protecting human health and the environment, and maintaining safe drinking water and clean water bodies.  

    EPA Deputy Administrator Bob Perciasepe said, "Through cost-effective, resource-efficient techniques -- like green water infrastructure alternatives -- this policy aims to make our communities more environmentally and economically sustainable. These smart investments in our water infrastructure, along with increased awareness of the importance of these investments, can keep our water cleaner and save Americans money."

    The policy emphasizes the need to build on existing efforts to promote sustainable water infrastructure. The policy also focuses on working with states and water systems to employ comprehensive planning processes that result in projects that are cost effective over their life cycle, resource efficient, and consistent with community sustainability goals. The policy encourages effective utility management practices to build and maintain the level of technical, financial, and managerial capacity necessary to ensure long-term sustainability. 

    According to a release, the policy represents a collaborative effort between EPA and its federal, state, and local partners. Working with these partners, EPA will develop guidance, provide technical assistance, and target Federal, state and other relevant Federal financial assistance in support of increasing the sustainability of America's water infrastructure.

 

    Access a release from EPA (click here). Access an overview and link to the policy (click here).

UNFCCC Working Groups Meet In China In Advance Of Cancun

Oct 4: The Executive Secretary of the United Nations Framework Convention on Climate Change (UNFCCC) Christiana Figueres called on governments meeting in Tianjin, China, from October 4-9, to accelerate their search for common ground to achieve strong action on climate change. With less than two months to go before the UN Climate Change Conference in Cancun, Mexico, Figueres said that a concrete outcome in December was urgently needed to restore faith in the ability of Parties to take the negotiations forward. The UNFCCC meeting in Tianjin is being attended by around three thousand participants from more than 176 countries, including government delegates, representatives from business and industry, environmental organizations and research institutions. The UNFCCC meeting in Cancun, Mexico, will take place from November 29 to December 10.

 

    She said, "Governments have restored their own trust in the process, but they must ensure that the rest of the world believes in a future of ever increasing government commitment to combat climate change. Governments need to agree on what is doable in Cancun, and how it will be achievable in a politically balanced manner." She indicated that there is a growing convergence in the negotiations that Cancun could deliver a balanced package of decisions that define the pillars of action to address climate change.

    A release from the United Nations Environment Programme (UNEP) indicates that an agreement could include a new global framework to help countries adapt to the already inevitable changes to the climate system; the launch of a new mechanism to drive faster deployment of technology to developing nations; a decision to establish a new fund to oversee the long-term money raised for the specific climate needs of developing nations; and a decision on early and large-scale action to protect forests and the livelihoods of those who live in them. Figueres said, "The agreements that can be reached in Cancun may not be exhaustive in their details, but as a balanced package they must be comprehensive in their scope and they can deliver strong results in the short term as well as set the stage for long term commitments to address climate change in an effective and fair manner."

    Figueres acknowledged there are areas of political disagreements, mainly over how and when to agree on a fair share of responsibilities of present and future action on climate change, but she said they were not insurmountable. She said, Governments seem ready to discuss difficult issues. Now they must bridge differences in order to reach a tangible outcome in Cancun. For example, she indicated that governments can formalize the many pledges and promises they have made to cut and limit emissions, along with providing clarity on the continuation of the Kyoto Protocol.

    During the next six days of the Tianjin climate meeting, government delegates will discuss negotiating text under the Ad Hoc Working Group on Long-term Cooperative Action under the Convention (AWG-LCA). This negotiating group, comprising all 194 Parties to the UNFCCC, is tasked to deliver a long-term global approach to the climate challenge. The Ad Hoc Working Group on Further Commitments for Annex I Parties under the Kyoto Protocol (AWG-KP) is meeting in parallel to discuss the emissions reduction commitments for the 37 industrialized countries that have ratified the Kyoto Protocol for the period beyond 2012.

    Figueres highlighted this year's floods in Pakistan, fires in Russia and mudslides in China as "a wake up call to the dangers of extreme climate." She said "The bottom line is that it is in no one's interest to delay action. Quite on the contrary, it is in everyone's ultimate interest to accelerate action in order to minimize negative impacts on all."

    Access a release from UNEP (click here). Access the full text of the Figueres statement (click here). Access the UNFCCC website for links to the Work Groups' meeting details, for press conference on-demand webcasts, and further information on the upcoming Cancun meeting (click here). Access daily coverage from the International Institute for Sustainable Development (IISD) (click here).

EPA & DOT Pursue Tougher GHG & Fuel Economy Standards

Oct 1:The U.S. Department of Transportation's (DOT) National Highway Traffic Safety Administration (NHTSA) and the U.S. EPA, announced they will begin the process of developing tougher greenhouse gas (GHG) and fuel economy standards for passenger cars and trucks built in model years 2017 through 2025. The agencies said this will build on the success of the first phase of the national program covering cars from model years 2012-2016.

    The program is a key part of the Administration's energy and climate security goals, which call for the increased domestic production and use of existing, advanced, and emerging technologies to strengthen the auto industry and enhance job creation in the United States. The agencies said that continuing the national program will help make it possible for manufacturers to build a single national fleet of cars and light trucks that satisfies all Federal and California standards, while ensuring that consumers have a full range of vehicle choices. 

    EPA Administrator Lisa Jackson said, "Continuing the successful clean cars program will accelerate the environmental benefits, health protections and clean technology advances over the long-term. In addition to protecting our air and cutting fuel consumption, a clear path forward will give American automakers the certainty they need to make the right investments and promote innovations. We will continue to work with automakers, environmentalists and other stakeholders to encourage standards that reduce our addiction to foreign oil, save money for American drivers, and clean up the air we breathe."

    U.S. Transportation Secretary Ray LaHood said, "We must, and we will, keep the momentum going to make sure that all motor vehicles sold in America are realizing the best fuel economy and greenhouse gas reductions possible. Continuing the national program would help create a more secure energy future by reducing the nation's dependence on oil, which has been a national objective since the first oil price shocks in the 1970s."

    In a May 21, 2010 memorandum, President Obama directed EPA and DOT issue a Notice of Intent (NOI) that would lay out a coordinated plan, to propose regulations to extend the national program and to coordinate with the California Air Resources Board (CARB) in developing a technical assessment to inform the NOI and subsequent rulemaking process. Consistent with the Presidential memorandum, the NOI includes an initial assessment for a potential national program for the 2025 model year and outlines next steps for additional work the agencies will undertake. Next steps include issuing a supplemental NOI that would include an updated analysis of possible future standards by November 30, 2010. As part of that process, the agencies will conduct additional study and meet with stakeholders to better determine what level of standards might be appropriate. The agencies aim to propose actual standards within a year.

    The national program is intended to save consumers money by cutting down on fuel costs, improve our nation's energy security by reducing dependence on petroleum, and protect the environment by reducing greenhouse gas pollution that leads to climate change. Cars, SUVs, minivans, and pickup trucks are responsible for 57 percent of U.S. transportation petroleum use and almost 60 percent of all transportation-related greenhouse gas emissions.

    The results of the interim technical assessment are summarized in the NOI and presented in a separate document, which NHTSA, EPA and CARB are also jointly releasing today (October 1, 2010). To achieve further annual greenhouse gas reductions, the automotive industry could choose from a variety of advanced technologies. The assessment also considers the costs and effectiveness of applicable technologies, compliance flexibilities available to manufacturers, potential impacts on auto industry jobs, and the infrastructure needed to support advanced technology vehicles. This assessment was developed through extensive dialogue with automobile manufacturers and suppliers, non-governmental organizations, state and local governments, and labor unions.

 

    The Alliance of Automobile Manufacturers (Alliance) released a statement saying, "The Alliance remains convinced that a single national program to improve fuel economy and reduce greenhouse gas emissions is the best approach for the environment, our customers, and our economy. As the agencies acknowledge, the assumptions in the Notice of Intent -- and the potential ranges of improvements that they imply -- are based on very preliminary and incomplete data at this point, and inevitably will change as more information is brought to the process. In the coming weeks, we will carefully review the technical assessment's assumptions regarding factors that will impact vehicle fuel economy increases over this time period. These include vehicle technologies and technology costs, the cost of gasoline, development of low-carbon fuels, and development of infrastructure to charge plug-in hybrids and battery electrics.

    EPA and DOT should now engage a broad range of independent experts to undertake a thorough analysis and balance the technological opportunities to improve vehicle and fleet fuel economy with the economic challenges they present -- for automakers and American consumers. The Alliance is committed to working collaboratively with EPA, NHTSA and California to achieve these goals in a way that allows consumers to choose and afford vehicles that fit their needs.

    The Alliance is a trade association of twelve car and light truck manufacturers including BMW Group, Chrysler LLC, Ford Motor Company, General Motors, Jaguar Land Rover, Mazda, Mercedes-Benz, Mitsubishi Motors, Porsche, Toyota, Volkswagen and Volvo.

    The Association of International Automobile Manufacturers (AIAM), representing 15 international motor vehicle manufacturers who account for over 40 percent of all passenger cars and light trucks sold annually in the U.S. issued a statement saying, "As leaders in the development of fuel-efficient technologies, AIAM member companies are pioneering technologies to advance the goal of increasing fuel economy and reducing greenhouse gas emissions. We are committed to continue working with the administration and other stakeholders in establishing future performance-based targets through the regulatory process and to address the challenging issues this rulemaking presents.

    "The Technology Assessment Report modeled a range of possible future standards. It is important to understand the implications of these options in striking a balanced approach to meeting our national environmental objectives, recognizing the cost impact to consumers, providing manufacturers the needed lead-time to design and build advanced technology vehicles, and assuring customers have vehicles that fully meet their needs."

    Access a release from EPA & DOT (click here). Access more information on the NOI, the technical assessment, and submitting comments (click here); and (click here). Access the statement from the Alliance (click here). Access the statement from AIAM (click here).

DOI Issues New Rules To Address OCS Drilling & Oil Spill Issues

Sep 30: The Department of the Interior (DOI) announced two new rules which they said will help improve drilling safety by strengthening requirements for safety equipment, well control systems, and blowout prevention practices on offshore oil and gas operations, and improve workplace safety by reducing the risk of human error. DOI Secretary Ken Salazar, who announced the rules in a speech at the Woodrow Wilson International Center said, "These new rules and the aggressive reform agenda we have undertaken are raising the bar for the oil and gas industry's safety and environmental practices on the Outer Continental Shelf [OCS]. Under these new rules, operators will need to comply with tougher requirements for everything from well design and cementing practices to blowout preventers and employee training. They will also need to develop comprehensive plans to manage risks and hazards at every step of the drilling process, so as to reduce the risk of human error."

 

    The Drilling Safety Rule and the Workplace Safety Rule join a host of reforms that DOI has undertaken in the five months since the Deepwater Horizon oil spill that touch every stage of the offshore planning, review, permitting, drilling, and development processes. In his speech, Salazar said, "The Deepwater Horizon oil spill shook us as a people. Eleven men died. The public watched as oil spilled into the Gulf of Mexico for 86 days. And armies of citizens, volunteers, and public servants battled to keep oil off our shores, to save birds and turtles, and to seal off a well below 5,000 feet of ocean. It took the best engineers, our top scientists, and the relentless response of the United States government to beat back the oil and kill the Macondo well."

    Michael R. Bromwich, director of the new Bureau of Ocean Energy Management, Regulation and Enforcement (BOEM) said, "These two rules are part of a broader series of reforms we are undertaking to reduce the risks of offshore energy operations. We are substantially raising the standards for all offshore operators, and are doing it in an orderly and responsible way. We will continue to move forward with other changes and reforms in what will remain a dynamic regulatory environment. We owe the public nothing less."

    The Drilling Safety Rule, effective immediately upon publication, makes mandatory several requirements for the drilling process that were laid out in Secretary Salazar's May 27th Safety Report to President Obama. The regulation prescribes proper cementing and casing practices and the appropriate use of drilling fluids in order to maintain well bore integrity, the first line of defense against a blowout. The regulation also strengthens oversight of mechanisms designed to shut off the flow of oil and gas, primarily the Blowout Preventer (BOP) and its components, including Remotely Operated Vehicles (ROVs), shear rams and pipe rams. Operators must also secure independent and expert reviews of their well design, construction and flow intervention mechanisms.

    The Drilling Safety Rule is being issued under an emergency rule-making process. Director Bromwich said that BOEM will soon move forward with a standard rulemaking process that includes greater opportunity for public comment and that considers implementing additional recommendations of the Secretary's May 27th Safety Report, such as the requirement that BOP's have two sets of blind shear rams.

    The second regulation, known as the Workplace Safety Rule, requires offshore operators to have clear programs in place to identify potential hazards when they drill, clear protocol for addressing those hazards, and strong procedures and risk-reduction strategies for all phases of activity, from well design and construction to operation, maintenance, and decommissioning. The rule also requires operators to have a Safety and Environmental Management System (SEMS), which is a comprehensive safety and environmental impact program designed to reduce human and organizational errors as the root cause of work-related accidents and offshore oil spills. The Workplace Safety Rule makes mandatory American Petroleum Institute (API) Recommended Practice 75, which was previously a voluntary program to identify, address and manage safety hazards and environmental impacts in their operations. BOEM indicated that it will undertake additional workplace safety reforms, such as requirements for independent third-party verification of operators' SEMS programs, through an additional rulemaking process that BOEM will be launching soon.

    In his speech, Salazar also outlined the Administration's plans to move beyond oil. He said, "the Deepwater Horizon oil spill also lays bare a more fundamental challenge that we must confront as a nation. Our energy policy has failed us, time and time again, for decades. Our economy relies too much on foreign oil. We are falling behind China and India in the race for clean energy technologies and clean energy jobs. And our oceans, our coasts, and our climate are at risk. So where do we go in the post-Deepwater Horizon world? President Obama has charted a path to a safe, secure, and clean energy future. He understands that the jobs of tomorrow are in clean energy. Those jobs are in places like Holland, Michigan, where the Recovery Act's $2.4 billion investment in advanced battery technology has helped get a new battery manufacturing plant under way. 300 people are helping build the plant, and another 300 will find jobs when it opens. . ."

 

    And then he discussed the new regulations being implemented. He said, "The Deepwater Horizon oil spill laid bare fundamental shortcomings in the oil and gas industry's safety practices on the Outer Continental Shelf. For thirty years, under the oversight of both Democratic and Republican administrations and congresses, industry ventured into deeper and deeper waters without adequate oversight. Drilling technologies accelerated, but safety technologies and the government's regulatory framework were left behind. That gap is unacceptable. That is why we have launched the most aggressive and comprehensive reforms to offshore oil and gas regulation and oversight in U.S. history. We are raising the bar for safety, oversight, and environmental protection at every stage of the drilling process. . ."

 

    The API upstream director Erik Milito commented on DOI's interim final offshore rule and said the Agency should ensure that the rule establishes an effective process to improve safety performance while providing the framework needed for companies to get approval from the government for exploration and development projects. He said API would review the rule and provide analysis during the comment period.  He also called for ending the deepwater moratorium.

     Milito said, "The rule must serve the interests of improved safety and energy development. There has to be a clear, practical, and certain process for project review that will protect the environment.  We cannot have an approval process that creates unpredictable delays that could place at risk the flow of domestic energy in our country. Operators want regulations that provide certainty. Unpredictable, extended delays in permit review and approval discourage investment in new projects, which hampers job creation, reduces revenue to the government, and restricts energy production.

    "Getting a good offshore safety rule in place is critical to the nation's energy future.  The Gulf and other parts of the nation's offshore areas are vitally important to helping meet the nation's future energy needs.  The rule will affect every offshore energy project for years to come. It has to be right.

"We also still have the issue of the Gulf deepwater moratorium. Every day the moratorium remains exacts an economic penalty on the people of the Gulf and on our nation. The costs are already too high. We continue to urge the government to end it as soon as possible."

    Access a release from DOI including fact sheets on the new rules and BOEM recent reforms (click here). Access the full text of Salazar's speech (click here). Access a release from API (click here).

DOE Finalizes $1 Billion Commitment To FutureGen 2.0

Sep 28:  U.S. Department of Energy (DOE) Secretary Steven Chu announced that the Department of Energy has signed final cooperative agreements with the FutureGen Industrial Alliance and Ameren Energy Resources that formally commit $1 billion in Recovery Act funding to build FutureGen 2.0. DOE said the FutureGen 2.0 project will help to position the United States as a leader in innovative technologies for reducing carbon emissions from existing coal-fired power plants. As part of the new initiative, DPE will partner with the FutureGen Industrial Alliance to select an Illinois host community for the carbon storage site as well as a geologic sequestration research complex and a craft labor training center. The site could eventually become a regional CO2 storage site in downstate Illinois. The project partners estimate that FutureGen 2.0 will bring 900 jobs to Illinois and another 1,000 to suppliers across the State.

    Secretary Chu said, "Today's milestone will help ensure the U.S. remains competitive in a carbon constrained economy, creating jobs while reducing greenhouse gas pollution. Developing innovative, cost effective carbon capture and storage technologies is critical to the country's transition to a clean energy future." Illinois Governor Pat Quinn said, "This $1 billion federal commitment is a critical step to bringing FutureGen to Illinois. We look forward to demonstrating to the world that we can use one of our greatest natural assets in a way that protects our environment and puts more people to work."

    U.S. Senator Dick Durbin said, "If there was any remaining question as to whether FutureGen is really coming to Illinois, today we have the answer. Soon, we will announce a process to evaluate the more than two dozen Illinois communities that have expressed interest in hosting the sequestration, research and training facilities for FutureGen 2.0. I thank President Obama and Secretary Chu for their leadership on this project and for putting Illinois at the forefront of cutting-edge technology that will improve the environment and create good-paying jobs."

    In August, DOE announced its intention to fund FutureGen 2.0 as part of an integrated strategy to repower America's coal industry [See WIMS 8/20/10]. Ameren Energy Resources, Babcock & Wilcox, and Air Liquide Process & Construction, Inc. are leading the project to repower Ameren's 200 megawatt Unit 4 in Meredosia, Illinois with advanced oxy-combustion technology. The plant's new boiler, air separation unit, CO2 purification and compression unit will deliver 90 percent CO2 capture and eliminate most SOx, NOx, mercury, and particulate emissions. The Ameren Energy Resources team estimates that the retrofitting of the plant is expected to create approximately 500 construction jobs and allow Ameren to add approximately 50 workers to the plant staff, once the repowered unit is operational. The FutureGen Industrial Alliance and the Ameren, B&W, and Air Liquide team are developing a technical cooperation agreement to ensure coordination among each element in FutureGen 2.0 and to provide the foundation for rapid commercial deployment for this exciting new technology once this first-of-a-kind facility is operational.

    Ken Humphreys, FutureGen Alliance Chief Executive Officer said, "FutureGen 2.0 will develop oxy-combustion technology that can repower the world's fleet of coal-fueled power plants in a manner that largely eliminates their CO2 emissions and spurs job creation. It will create the world's first permanent CO2 storage hub and substantially advance the science of CCS. Through FutureGen 2.0, the FutureGen Alliance will continue with its mission of advancing clean-coal technology integrated with CCS. We look forward to working with the DOE, the State of Illinois, and the project partners to make FutureGen 2.0 a success."

    The FutureGen Industrial Alliance, working with the State of Illinois, will develop a permanent CO2 sequestration facility, research and visitors facilities, and a labor training center at the site. The Alliance will also build a CO2 pipeline network from Meredosia to the sequestration site. The pipeline and storage site will transport and store more than 1 million tons of captured CO2 per year. The project partners estimate the new pipeline network is expected to create additional construction and permanent jobs. The pipeline network, along with the storage site to be selected in early 2011, will help to lay the foundation for a regional CO2 network. The Illinois storage site will be used to conduct research on site characterization, injection and storage, and CO2 monitoring and measurement.

    DOE said it is working with the FutureGen Industrial Alliance, with details to be announced in the coming weeks, to develop a competitive process to select the host for the CO2 storage site, the visitors complex and training center, and vendor(s) to build the pipeline and the injection and monitoring wells. In August DOE said it was encouraging communities that are interested in being considered as a storage site to continue contacting the Agency. The eventual site will need strong geological characteristics, access to acreage pipeline right of ways and subsurface rights on ten square miles of contiguous acreage for sequestration, clear community support, and should be within approximately a 100 mile radius of Meredosia.

    Access a release from DOE (click here). Access a release from the FutureGen Alliance (click here). Access the FutureGen Alliance website (click here). Access the CEQ Interagency Task Force on Carbon Capture and Storage for additional information (click here).

Confusion Continues In Two Competing Electronics Recycling Programs

Sep 28: Within the last 10-days, the two major competing electronic waste recycling programs, operated by Institute of Scrap Recycling Industries and the Basal Action Network, have announced major developments in their programs designed to prove their validity, independence and authentication [See WIMS 3/10/10 for background]. The two programs have now created a confusing system for the public and private sectors to participate in responsible electronics recycling. While U.S. EPA Administrator Lisa Jackson has said that the issue of proper management of E-waste is a major international priority of the U.S. and the Commission for Environmental Cooperation, EPA has done little to provide clarity to the two competing and confusing programs.

 

    On September 28, the Institute of Scrap Recycling Industries, Inc (ISRI) announced the creation of R2 Solutions, a stand-alone, non-profit organization formed to manage and continually develop the Responsible Recycling (R2) Certified Electronics Recycler® Program within the Recycling Industry Operating Standard (RIOS). According to a release, R2 Solutions will oversee the R2 Practices which provides a comprehensive set of standards for electronics recyclers that require responsible management of used computers and consumer electronics. The R2 Practices, were developed under the aegis of an EPA facilitated, multi-stakeholder process that has been accredited by the ANSI-ASQ National Accreditation Board as a third party auditable global standard. 
 
    To date, according to ISRI, there are 21 electronics recycling facilities certified to the R2 Practices -- a set of requirements that establishes a high bar for quality, environmental protection, health & safety, and data security, and that precludes shipping of hazardous materials to countries that have laws prohibiting their import. Robin Wiener, ISRI president said, "ISRI, as one of the original supporters of the R2 Practices, applauds the creation of R2 Solutions as a stand-alone, non-profit organization, whose sole purpose is to manage and sustainably develop the R2 Practices in an open, transparent manner. We firmly believe that a neutral, third-party organization such as R2 Solutions is a more appropriate administrator of the R2 Program going forward, and we [ISRI] look forward to its progress in advancing responsible electronics recycling globally."
 
    The newly created R2 Solutions body will manage continual development of R2 Practices, with standards development and stakeholder consultations on R2 Practices publicly available. A full set of standards is available on the R2 Solutions website (see link below). ISRI indicated that with the creation of R2 Solutions, a governance structure embraced by the EPA, vendors can now have confidence that used electronic equipment is being recycled safely and responsibly by accredited recyclers.
 
    According to ISRI, R2 Solutions will act as the Secretariat for the R2 Standard, and the governing council empanelled by R2 Solutions will operate under a set of bylaws that will require a decision-making forum, including an appeals process, in which all interested stakeholders may participate. The Board of Directors of R2 Solutions includes: John DeVillars, Managing Partner of BlueWave Capital; John Howard, independent public policy consultant former Bush Administration Federal Environmental Executive; John Lingelbach, environmental mediator, Acting Executive Director of R2 Solutions; Pete Regan, former CEO and Chairman of the Board of ERM, Inc.; Lynn Rubinstein, Executive Director of the Northeast Recycling Council (NERC).
 
    The ISRI announcement follows a competing announcement from the other major electronics recycling program operated by the Basal Action Network (BAN) and known as the Certified e-Stewards® Initiative. On September 17, the e-Stewards program announced its worldwide, "third-party audited, accredited international certification program for electronics recyclers that prohibits the export of e-waste to developing countries and enjoys the support of more than 70 environmental organizations." The e-Stewards announced its first Leadership Council which is designed to help guide the early development and promotion of the program "to ensure truly responsible electronics recycling across the globe."

    Jim Puckett, BAN Executive Director said, "We are very fortunate to have this first group of ardent and expert supporters of the e-Stewards Certification volunteer to help advise and shape this program to not only be the most principled electronics recycling certification in existence but the most practical and useful one as well."

    The new e-Stewards Leadership Council consists of representatives of five leading U.S. e-Recyclers: Capstone Wireless (TX), CloudBlue (OH), Electronic Recyclers International (CA), Surplus Exchange (MO) and WeRecycle! (NY). Philips Services Corp., with e-recycling collection facilities across the U.S., will represent e-waste collectors. Samsung and Wells Fargo, both enrolled in the e-Stewards Enterprise program, will represent electronics manufacturers and corporations that generate e-waste. A representative of the Natural Resources Defense Council (NRDC) and two government representatives will round out the Council, ensuring a diversity of viewpoints but all sharing in the common goal of ending e-waste mismanagement.

    The Leadership Council will provide recommendations to BAN in the areas of technical and business issues, policy expertise, marketing and, as appropriate, promotional efforts and governmental lobbying. All members have demonstrated a depth of knowledge of industry issues and a passion to facilitate the achievement of the e-Stewards mission.

 

    Access a release from ISRI (click here). Access the ISRI Certified Electronics Recycler® Program (click here). Access the R2 Solutions website (click here). Access a release from BAN (click here). Access the Certified e-Stewards® Initiative (click here). Access more information on the e-Stewards Leadership Council (click here). Access EPA's release on priority issues (click here). Access EPA's eCycling website for more information (click here). [*Haz, *P2]

UNFCCC Head & Island Nations Urge Action On Climate Change

Sep 23: At a press conference in New York City, Christiana Figueres, Executive Director of the UN Framework Convention on Climate Change (UNFCCC), stressed the need for governments to move forward in their negotiations ahead of the major climate change conference in Cancun, Mexico [November 29 -December 10, 2010], where they will be expected to conclude agreements related to issues such as technology transfer, mitigation and adaptation, and funding.

 

    Figueres said, "We are barely two months before the UN climate change conference in Cancun -- the place where governments need to take the next firm step on humanity's long journey to meet the full scale challenge of climate change. Their negotiating session in Tianjin, just a week from now [October 4-9, 2010], is where governments will need to cut down the number of options they have on the table, indentify what is achievable in Cancún and muster political compromises that will deliver what needs to be done at Cancún.

 

    "Governments from both industrialized and developing worlds have made many pledges to cut and limit greenhouse gas emissions. Industrialized countries have promised both short and long-term funding to help developing countries deal with climate change. Governments are converging on the need to mandate a full set of ways and means to launch a new wave of global climate action. At Cancún, they can decide how and when to capture these promises in accountable and binding ways. They can deliver the short -term finance for the urgent needs of the poorest and most vulnerable and they can decide on a package of measures to act.

 

    "This year has presented us with a series of disasters that have illustrated the vulnerability of all humanity to extreme climate events. Such impacts on society and economies are a mild taste of what science says will come, if we do not continuously raise our ambition to protect the global environment. There are four major trends shaping the future -- energy supply and security, natural resource depletion, population growth and climate change. And unchecked climate change is the flame that would make the other three burn most seriously.

 

    "Governments can stand together to turn these four threats into a new development paradigm that harnesses the full power of society, science and business . . . or they will fail divided. Let me be clear -- there is no magic bullet, no one climate agreement that will solve everything right now. To expect that is naïve -- it does not do justice to the crucial steps already achieved since the beginning of the Convention and it dangerously ignores the need to keep innovating. However, I am certain the world can do this step by step. . . but only if we keep on walking firmly in the right direction, including at Cancún."

 

    On September 25, three Pacific Ocean countries appealed to United Nations Member States to act fast to combat climate change and start mobilizing the resources needed to mitigate the effects of global warming, especially in small island developing States that are particularly vulnerable to rising sea levels. President Iroj Jurelang Zedkaia of the Marshall Islands during the third day of the General Assembly's high-level debate said, "Those most vulnerable and those willing to confront the challenges facing us must take leadership in this process by putting forward our own agreement spelling real and ambitious commitments and actions to address climate change -- we urge others to follow."

 

    Echoing the same message, the Vice President of the Federated States of Micronesia, Alik Alik said, ". . .delays in adopting a comprehensive and legally-binding agreement to avert global climate disaster was inexcusable. . . we are deeply disappointed in the glacial progress at the negotiating sessions and climate change meetings of the United Nations Framework Convention on Climate Change. At the same time, we are growing increasingly alarmed by the prospect of lowering ambitions for the meeting in Cancun, Mexico, later this year."

 

    Kiribati's President Anote Tong told the high-level debate that coastal erosion in heavily populated areas in his country is occurring at a rate that exceeded the Government's capacity to respond, adding that lack of resources is exacerbating the problem. He said, "Long before our islands are inundated by the rising seas, they will become uninhabitable as freshwater aquifers are contaminated by saltwater intrusion from rising tides,"

 

    Access the UNFCCC director's statement (click here). Access links to complete information on the upcoming Tianjin and Cancun meetings (click here). Access a release from the UN on the three island nations (click here).

Senate Hearing On Impact Of EPA Regulations On Agriculture

Sep 23: The Senate Committee on Agriculture, Nutrition and Forestry, Chaired by Senator Blanche Lincoln (D-AR) held an oversight hearing to examine the impact of U.S. EPA regulation on agriculture. Witnesses included: U.S. EPA Administrator Lisa Jackson and representatives from: Arkansas Farm Bureau; Croplife America; and Kansas Corn Growers Association.

 

    In an opening statement, Chairman Lincoln said, "As a farmer's daughter, I learned firsthand that farmers, ranchers, and foresters are the best stewards of our land.  They have provided us with the safest, most abundant, and most affordable food and fiber supply for generations – and this could not happen without the careful stewardship of their land. In fact, much of the conservation gains made over the past half-century have been achieved through voluntary, incentive-based cost-share programs, many of which were developed on a bipartisan basis by members of this Committee, both past and present. Truly remarkable improvements have been made in reduced soil erosion, improved water and air quality, and wildlife habitat restoration. . .

 

    "As one who has been a part of this progress, it has been my experience and it is certainly my judgment that the carrot has time and again proved mightier than the stick when it comes to advancing important conservation and environmental objectives on farm, ranch and forest lands. Unfortunately, farmers and ranchers in rural Arkansas and all over our nation are increasingly frustrated and bewildered by vague, overreaching and unnecessarily burdensome EPA regulation.  Farmers face so many unknowns -- the last thing they need is regulatory uncertainty.  . . "

 

    She outlined several issues of concern saying: EPA's recent proposed spray drift guidance was vague, unenforceable and would have left producers uncertain about whether they were complying with the law when they spray; EPA's recent practice of settling Clean Water Act lawsuits while only allowing environmental groups a seat at the table; EPA's proposed boiler MACT regulation, which would inhibit the use of biomass by subjecting new facilities to needlessly expensive emissions controls; and EPA's proposed ambient air quality standards for particulate matter which could lead to stringent regulation of dust on farms. 

   

    Finally, she said, "I flat out disagree with EPA's regulation of greenhouse gases. Because the legal foundation for the tailoring rule is shaky at best, I fear that federal courts will order EPA to regulate small sources of greenhouse gases.  This could mean unnecessary regulation for thousands of farms all around the country.  We cannot allow this to happen. And as I have said time and again, it should be Congress, not unelected bureaucrats who should be writing the laws to regulate greenhouse gases."

 

    In a release following the hearing Senator Lincoln voiced concerns that EPA would soon begin inspecting poultry farms in Northwest Arkansas for compliance with the Clean Water Act. EPA has identified the Illinois River Watershed in Arkansas as a "priority watershed" and announced the proposed inspections last week at a public meeting in Fayetteville. She said, "I have heard from many Arkansas producers voicing their concerns about EPA coming onto their farms to inspect their poultry operations. I am extremely disappointed at the lack of consultation provided by EPA before moving forward with their inspections.  It is the responsibility of the EPA to clearly define the goal post and give farmers time to comply before moving forward.  I can't emphasize this enough – Arkansas's farmers work hard every day on razor thin margins and this type of potential action threatens to place increased costs and bureaucratic red tape to an already strapped bottom line." 

 

    She said, "At a time when every American feels anxious about his or her own economic future, our farmers, ranchers, and foresters are facing at least ten new regulatory requirements that will drive up their costs and make it more difficult to compete in the global marketplace. These regulations rely on dubious rationales and, as a consequence, will be of questionable benefit to the goal of conservation and environmental protection. Farmers face so many unknowns -- the last thing they need is regulatory uncertainty. Our farmers, ranchers and foresters need clear, straightforward, and predictable rules to live by that are not burdensome, duplicative, costly, unnecessary, or in some cases just plain bizarre."  

    Senator Saxby Chambliss (R-GA), Ranking Member of the Agriculture Committee highlighted examples of the more than 20 different efforts underway at EPA that affect agriculture. He cited the EPA's suite of regulations that will drive up costs for all energy users, bring large and small agribusinesses into a permitting program and within a few years require large farms to obtain air permits. Additionally, he discussed EPA's plans to impose "an unnecessary paperwork burden on pesticide users." Earlier this summer, he cosponsored a bipartisan bill (S.3735) introduced by Senator Lincoln which they said would "clarify that additional permits are not required for pesticide application in accordance with the Federal Insecticide, Fungicide and Rodenticide Act."

    Senator Chambliss said, "According to the Food and Agriculture Organization, the world will need to produce 70 percent more food to feed an additional 2.3 billion people by 2050. I seriously question whether anyone has made the connection between the central role that America must play to solve this challenge and the regulations that EPA has put forth for agriculture -- the very industry that will be responsible for the solution. No one disputes the need or desire for clean air and water, bountiful habitat and healthy landscapes. But at some point, which I believe we are getting dangerously close to, regulatory burdens on farmers and ranchers will hinder rather than help them become better stewards of the land and more bountiful producers of food, fiber and fuel."

 

    Access the opening statement from Senator Lincoln (click here). Access a release from Senator Lincoln (click here). Access a release from Senator Chambliss (click here). Access the hearing website for a link to the webcast (click here, testimony posted soon).

House Republicans Issue "A Pledge to America"

Sep 23: House Republicans put forth "A Pledge to America," which they said is "a new governing agenda built by listening to the American people and focused on addressing their top priorities – including creating jobs, cutting spending, and changing the way Congress works."  This new governing agenda was unveiled during a press event at Tart Lumber Company, a family-owned small business located in Sterling, VA. Republicans stressed that this governing agenda could be implemented right now if President Obama and Democratic Leaders would allow it, and called for action before Congress adjourns.

    House Republican Leader John Boehner (R-OH) said, "Across America, the people see a government in Washington that isn't listening, doesn't get it, and doesn't care. Today, that begins to change. This new governing agenda, built by listening to the people, offers plans to create jobs, cut spending, and put power where it belongs: in the hands of the people. 'A Pledge to America' offers a new way forward that hasn't been tried in Washington: an approach focused on cutting spending instead of accelerating spending, and eliminating uncertainty for the private-sector innovators and entrepreneurs who create jobs.  These are the solutions the American people are demanding, and Speaker Pelosi and Majority Leader Reid should act on them before Congress adjourns for the fall."

 

    A preamble to the Pledge indicates, "In a self-governing society, the only bulwark against the power of the state is the consent of the governed, and regarding the policies of the current government, the governed do not consent. An unchecked executive, a compliant legislature, and an overreaching judiciary have combined to thwart the will of the people and overturn their votes and their values, striking down longstanding laws and institutions and scorning the deepest beliefs of the American people. An arrogant and out-of-touch government of self-appointed elites makes decisions, issues mandates, and enacts laws without accepting or requesting the input of the many. Rising joblessness, crushing debt, and a polarizing political environment are fraying the bonds among our people and blurring our sense of national purpose. . ."

 

    Among other items the Pledge calls for: "stopping all tax hikes, reining in red tape, and repealing ObamaCare's '1099 mandate.'"; "cutting government spending to pre-'stimulus', pre-bailout levels, imposing a hard cap on future discretionary spending, and ending TARP once and for all"; "implementing 'read the bill' reform, allowing for more open and fair debate, and requiring that every bill contain a citation of Constitutional authority"; "repeal and replace the job-killing health care law with common-sense reforms focused on lowering costs and protecting American jobs"; and "passing clean troop funding bills, keeping terrorists off American soil, and fully funding missile defense."

 

    Within the 48-page Pledge details, Republicans say: "We will fight to increase access to domestic energy sources and oppose attempts to impose a national 'cap and trade' energy tax. . . The constant threat of new taxes and new regulations prevents investors and entrepreneurs from putting capital at risk. These private sector employers must be given the certainty that if they take a risk to expand their company or hire a new employee, Washington won't yank the rug from under their feet. . .

 

    "Excessive federal regulation is a de facto tax on employers and consumers that stifles job creation, hampers innovation and postpones investment in the economy. When the game is always changing, small businesses cannot properly plan for the

future. To provide stability, we will require congressional approval of any new federal regulation that has an annual cost to our economy of $100 million or more. . ."

 

    Nadeam Elshami, spokesman for House Speaker Nancy Pelosi, issued a statement saying, "Congressional Republicans are pledging to ship jobs overseas; blow a $700 billion hole in the deficit to give tax cuts to millionaires and billionaires; turn Social Security from a guaranteed benefit into a guaranteed gamble; once again, subject American families to the recklessness of Wall Street; and take away patients' rights. Republicans want to return to the same failed economic policies that hurt millions of Americans and threatened our economy.

    "Democrats will protect Social Security, give tax cuts to the middle class and help the middle class through our 'Make it in America' manufacturing strategy. Ironically, the Republican Party that voted against small business tax cuts enacted into law by this Congress is actually holding its press event at a small business just outside Washington and then racing back presumably to vote against the Small Business Jobs Act, which is crucial to get small businesses hiring." 

 

    Access a release from Representative Boehner (click here). Access the Pledge (click here). Access the statement from Speaker Pelosi's office (click here).

21 Senators Including Some Republicans Sponsor National RES Bill

Sep 21: A release from a bipartisan groups of Senators led by Energy & Natural Resources Committee Chairman Jeff Bingaman (D-NM) indicates that a strong renewable electricity standard (RES) is an essential component of any forward-looking energy policy. "Not just an important part of such a strategy, but an essential component." The Senators indicated that a national RES also "will increase our energy security, enhance the reliability of the electricity grid by creating more homegrown renewable energy and reduce our greenhouse gas emissions."

 

    In addition to Bingaman, some of the Senators making the announcement included Sam Brownback (R-KS), Byron Dorgan (D-ND), Susan Collins (R-ME), Tom Udall (D-NM), and Mark Udall (D-CO). Fifteen other Senators are listed as cosponsors of S.3813, which would amend the Public Utility Regulatory Policies Act of 1978 to establish a Federal Renewable Electricity Standard or RES. The legislation would require sellers of electricity to retail customers to obtain certain percentages of their electric supply from renewable energy resources. The bill rapidly ramps up clean, domestic sources of electricity by requiring the gradual increase of the amount of renewable energy utilities produce.

 

    According to the release, sellers of electricity must obtain the following percentages of their electricity from renewable energy resources or from energy efficiency improvements by the years specified: 2012-2013 (3%); 2014-2016 (6%); 2017-2018 (9%); 2019-2020 (12%); and 2021-2039 (15%). Utilities selling less than 4 million megawatt hours per year would be exempt. Qualifying renewables (including distributed generators) are wind, solar, ocean, geothermal, biomass, landfill gas, incremental hydropower, hydrokinetic, new hydropower at existing dams and waste-to-energy. The sponsors said The Federal RES will not affect state programs.

 

    Senator Bingaman (D-NM) said, "I think that the votes are present in the Senate to pass a renewable electricity standard. I think that they are present in the House.  I think that we need to get on with figuring out what we can pass and move forward." Senator Brownback (R-KS) said, "A sensible and modest renewable energy standard will help encourage home-grown supplies like wind in Kansas and help diversify our nation's energy sources."

 

    Ways of meeting the standard would include: Producing the specified amount of electricity or efficiency savings; Purchasing renewable energy or efficiency savings; Purchasing renewable energy credits or energy efficiency credits from entities who have excess; or Making alternative compliance payments to the Secretary at a rate of 2.1 cents per kilowatt hour. Payments would be made directly to states whose utilities have paid into the fund, for development of renewable resources, or to offset increases in customer's bills.

 

    Senator Bingaman indicated that with only a few date changes and a couple of scoring/technical fixes, the 43-page bill is almost identical to the RES included in the American Clean Energy Leadership Act, S.1462, that received bipartisan approval in the Senate Energy and Natural Resources Committee last year by a vote of 15 to 8 [See WIMS 6/17/09].

 

    Access a release from the Senators (click here). Access legislative details for S.3813 (click here).