[WIMS] Environmental HotSheet 3/24/15

 

National / International News

<> Rural America Weighs In On Murky 'Waters of the U.S.' Rule at Senate Agriculture Committee Hearing - U.S. Senator Pat Roberts (R-KS) Chairman of the Senate Committee on Agriculture, Nutrition and Forestry, today held a hearing on the impacts of the U.S. Environmental Protection Agency's proposed 'Waters of the United States' (WOTUS) rule. Hearing on WOTUS Proposed Rule – Webcast and testimony EPA Proposed WOTUS Clean Water Rule website

<>  EPA Releases Final Risk Assessment for Chemical used for Paint and Coating Removal - U.S. EPA released the final risk assessment for N-Methylpyrrolidone (NMP), a chemical commonly used to remove paint and other coatings -- the assessment identified risks to pregnant women and women of childbearing age, who have high exposure to NMP through paint or other coating removal

<> State Clean Air Agencies (NACAA) Support Budget Proposals For Clean Power Plan - The association for 41 states, the District of Columbia, four territories and 116 metropolitan areas is supporting the President's budget proposal for states' implementation and incentives for the Clean Power Plan

<> S.Con.Res. 11 – Concurrent Resolution on the Budget for Fiscal Year 2016 - The budget resolution passed out of the Senate Budget Committee on a 12-10 vote.  GOP Budget background information Senate Begins Debate on Balanced Budget to Boost National Defense and Economic Growth - U.S. Senator Mike Enzi (R-WY), Chairman of the Senate Budget Committee, released a statement Sen. Markey: The Real March Madness is the Republican Budget Pelosi Statement on House Democratic Budget - Democratic Leader Nancy Pelosi released a statement on the House Democratic budget alternative House Democratic alternative budget

<> Nation's mayors ask Congress to pass transportation bill - Led by Boston Mayor Martin J. Walsh, New York City Mayor Bill de Blasio, U.S. Conference of Mayors (USCM) Vice President Baltimore Mayor Stephanie Rawlings-Blake and Seattle Mayor Ed Murray, the nation's mayors pledged Monday to work together to urge Congress to move past partisanship to pass a transportation bill.

<> DOE Needs to Improve Cost Estimates for Transuranic Waste Projects at Los Alamos - GAO-15-182, Nuclear Waste, February 18, 2015. GAO was asked to review cost estimates for the TRU waste projects at LANL.

<> SBIR/STTR FY15 Phase 2 Awards Announced—Includes Hydrogen Production and FCEV Systems - DOE announced the 2015 Small Business Innovation Research and Small Business Technology Transfer (SBIR/STTR) Phase 2 Release 1 Awards, including three Office of Science projects focusing on hydrogen production from electrolysis and hydrogen systems supporting fuel cell electric vehicles (FCEVs)

<> NRC Proposes to Amend Licensing, Inspection, and Annual Fees Regulations - The Nuclear Regulatory Commission seeks public comments on proposed changes to its regulations for the licensing, inspection, and annual fees it charges applicants and licensees for fiscal year (FY) 2015.

<> Whitfield Unveils Ratepayer Protection Act to Address EPA's Overreaching Power Plant Rule - Energy and Power Subcommittee Chairman Ed Whitfield (R-KY) unveiled a discussion draft of the Ratepayer Protection Act, which would empower states to protect households and businesses from the harmful effects of EPA's proposed rule regulating carbon dioxide emissions from existing power plants -- a hearing will be held on April 14, 2015.

U.S. Appeals Court Environmental Decisions

<> Kent Recycling Services, LLC v. United States Army Corps of Engineers - 3/23/15. In the U.S. Supreme Court, Docket No. 14-493, Appealed from the Fifth Circuit. The petition for hearing was denied in the case involving issues:      (1) Whether a jurisdictional determination, that is conclusive as to federal jurisdiction under the Clean Water Act, and binding on all parties, is subject to judicial review under the Administrative Procedure Act; and (2) whether a due process claim against an agency action is subject to the finality requirement of the Administrative Procedure Act.

<> Black Warrior Riverkeeper, Inc. v. U.S. Army Corps of Engineers - 3/23/15. In the U.S. Court of Appeals, Eleventh Circuit, Case No. 14-12357. Riverkeeper challenges the 2012 version of Nationwide Permit 21 ("NWP 21"), a general permit that allows surface coal mining operations to discharge dredged or fill materials into navigable waters.      The district court first determined that Riverkeeper has standing to sue affirming the district court's decision on that point. The district court also held that Riverkeeper's lawsuit was, nonetheless, barred by the equitable doctrine of laches; however, the Appeals Court concluded that the Intervenors had shown neither inexcusable delay on the part of Riverkeeper nor prejudice resulting from Riverkeeper's alleged delay. . . "We, therefore, hold that the district court abused its considerable discretion in barring Riverkeeper's suit."      On the merits, and based on significant change in the facts, supplemental briefs were filed and the Corps then conceded that the district court's decision must be reversed and the matter remanded to the Corps for further consideration based on a more accurate assessment of the potential impacts of NWP 21, to which the Appeals Court agreed.

Federal Register Highlights  The following is an alert of Environmental Federal Register announcements that may be of interest.  (Click here to access today's complete Federal Register index with links to complete announcements).

<> AIR QUALITY, TOXICS - Final Rule. U.S. EPA - National Emission Standards for Hazardous Air Pollutants: Coal- and Oil-Fired Electric Steam Generating Units; Mercury and Air Toxics Standards (MATS) amendments

(click for the complete Energy & EPA announcements)

Great Lakes News

<> COMMENTARY: With epic drought, is it time for a national water policy? - Currently, the Council of the Great Lakes Governors have an agreement that prevents water diversion to any state or locality but its members. Perhaps it's time to have a discussion about a national water policy

<> A strategic plan for Great Lakes bird migration - A number of conservation initiatives seek to secure land to help species make their trek thousands of miles southward; but without a collective vision, these efforts may not be enough to protect birds in the Great Lakes region.

<> COMMENTARY: The need to be proactive on Great Lakes contaminants - For years now, researchers have found trace amounts of various pharmaceutical drugs in the Great Lakes and in our drinking water -- pain medicine, birth control and anti-depressants have been found, as well as a host of others.

<> MI State officials weighing idea of Great Lakes fish farming - Entrepreneurs may seek approval to establish fish farming in Michigan's Great Lakes waters, officials said Monday — an undertaking that hasn't taken place before on the U.S. side of the lakes

Michigan News

<> Four DNR Dam Management Grant Program recipients to share $350,000 - Projects in Allegan, Berrien, Crawford and Ontonagon counties will receive funding to enhance aquatic environments and fishing opportunities, reduce long-term infrastructure costs and improve public safety

<>  Flint officials seek to reconnect to Detroit water supply - FLINT — The Flint City Council has voted to stop using the Flint River as the city's primary source of water amid concerns surrounding the troubled municipal water system. Flint Emergency Manager Authorizes Bond Restructuring to Afford Additional $2.24 Million toward Capital Improvements in Water City of Flint Receives Final Recommendations from Veolia Flint mayor ready to talk about changing water advisory committee format - The city of Flint's Water Advisory Committee might be headed for an overhaul -- or at least a tuneup --after two meetings that have been more than rough around the edges.

<> MPSC Approves Settlement Agreement Authorizing Northern States Power Company to Increase Electric Rates - For the first 12 months, customers using 500 kilowatt-hours of electricity per month will see an increase of $2.90 on their monthly bills. Thereafter, the monthly increase will be an additional 98 cents.

<> MPSC Approves Additional $22 Million in 2015 Michigan Energy Assistance Program Grants - Low-income households struggling to pay utility bills may be able to get assistance through an additional $22 million in Michigan Energy Assistance Program grants to eight of the organizations previously awarded funds for 2015.

<> MPSC Approves Two Settlement Agreements Authorizing 2015 Power Supply Cost Recovery Factors for Midwest Energy Cooperative and Indiana Michigan Power Company

<> Michigan's five birding trails offer wildlife-viewing adventure - Birding trails promote wildlife viewing and conservation education, and provide economic benefit to local communities.

<> Mapping out how Detroit is tackling a mountain of blight - Demolition, auction and nuisance abatement activity is concentrated in neighborhoods considered strong or "tipping points" for falling farther into blight.

Michigan Legislative Tracking  Newly introduced bills and bills that are moving, if any, are listed below. Click on the bill number for complete status, full text, & analyses. Uppercase is Senate action; lowercase is House action. Otherwise, for a complete list of environmental legislation this session (click here).

[WIMS] Environmental HotSheet 3/23/15

 

National / International News

<> Interior Department Releases Final Rule to Support Safe, Responsible Hydraulic Fracturing Activities on Public and Tribal Lands – 3/20/15. Following a robust and transparent public process that included more than 1.5 million public comments, Secretary of the Interior Sally Jewell released final standards which she said will support safe and responsible hydraulic fracturing on public and American Indian lands -- commonsense standards will improve safety and help protect groundwater by updating requirements for well-bore integrity, wastewater disposal and public disclosure of chemicals. Smith: Fracking Rule is Solution in Search of Problem – statement Science, Space, and Technology Committee Chairman Lamar Smith (R-Texas) Sen. Murkowski Comments on Final Hydraulic Fracturing Rule Markey: Senate GOP Shouldn't Block Fracking Rule House Natural Resources Committee Ranking Member Raúl M. Grijalva Statement on Newly Released Fracking Rule API: Duplicative BLM rule could slow energy renaissance - The Bureau of Land Management's (BLM) hydraulic fracturing rule imposes new costs and delays on energy development without improving on existing state and federal regulations New Industry-Friendly Fracking Rules Fall Short New BLM Fracking Rule Brings Crucial Oversight to Oil & Gas Development

<> Noted Harvard Experts debate the constitutionality of the president's climate change plan - Noted constitutional law professor Laurence Tribe '66 says EPA's Clean Power Plan is unconstitutional; while  Jody Freeman '91, Archibald Cox Professor of Law and director of the Environmental Law Program, and Richard Lazarus '79, Howard and Katherine Aibel Professor of Law, take an opposing view saying -- "Like most proposed rules, the Administration's climate rule is far from perfect, but sweeping assertions of unconstitutionality are baseless." Laurence Tribe's Reply to Professors Jody Freeman and Richard Lazarus Freeman and Lazarus: A rebuttal to Tribe's reply

<> Sens. Feinstein, Leahy Introduce Bill to Ensure Consumers are Informed about BPA - Sens. Feinstein, Leahy Introduce Bill to Ensure Consumers are Informed about BPA - Senators Dianne Feinstein (D-CA) and Patrick Leahy (D-VT) introduced the BPA in Food Packaging Right to Know Act to ensure consumers know whether the chemical Bisphenol-A is used in food packaging. S. 821: A bill to establish requirements with respect to bisphenol A.

<> Case Update: Michigan v. Environmental Protection Agency - 03/18/15 – In the U.S. Supreme Court. Reply of petitioners Michigan, et al. filed and more. Oral argument scheduled for Mar 25, 2015 -- Linked with: Utility Air Regulatory Group v. EPA & National Mining Association v. EPA

<> Glyphosate Classified Carcinogenic by International Cancer Agency, Group Calls on U.S. to End Herbicide's Use and Advance Alternatives - A national public health and environmental group, Beyond Pesticides, is calling on the U.S. EPA and the U.S. Department of Agriculture (USDA) to stop the use of the country's most popular herbicide, glyphosate -- produced and sold as Roundup by Monsanto

<> Reps. Introduce "Frack Pack" Bills to address the hydraulic fracturing - U.S. Reps. Matt Cartwright (D-PA-17), Diana DeGette (D-CO-01), Jared Polis (D-CO-02), and Jan Schakowsky (D-IL-09) said by closing loopholes, the "Frack Pack" bills (H.Rs.1460, 1482 & 1515 would hold the energy industry to the same standards that apply to everyone. Congress Looks to Close Oil and Gas Industry Loopholes

<> Governor Brown, Legislative Leaders Announce $1 Billion Emergency Drought Package - Mobilizing state resources to face another year of extreme dry conditions, Governor Edmund G. Brown Jr. today joined Senate President pro Tempore Kevin de León, Assembly Speaker Toni Atkins, and Republican Leaders Senator Bob Huff and Assembly member Kristin Olsen to announce legislation to help local communities cope with the ongoing, devastating drought.

<> Statement From the Trustee Council on the BP Five Year Report - In a news statement BP claims that the "…Gulf environment (is) returning to pre-spill conditions" although the Deepwater Horizon oil spill Natural Resource Damage Assessment Trustees (NRDA Trustees) are still assessing the injury resulting from the largest offshore oil spill in our nation's history -- It is inappropriate as well as premature for BP to reach conclusions about impacts from the spill before the completion of the assessment.

<> Climate change: China official warns of 'huge impact' - Climate change could have a "huge impact" on China, reducing crop yields and harming the environment, the country's top weather scientist has warned, in a rare official admission.

<> Inhofe Calls to Question White House Hire from the Environmental Defense Fund - Sen. Inhofe said, "It appears highly inappropriate to have Ms. Ceronsky serve in any capacity interacting with EPA or otherwise involved in the development of these rules, considering her prior legal representation and advocacy on behalf of EDF before EPA on these very same matters."

U.S. Appeals Court Environmental Decisions

<> Consolidation Coal Company v. Georgia Power Company - 3/20/15. In the U.S. Court of Appeals, Fourth Circuit, Case No. 13-1603 & 13-1664. Consolidated Coal Company and PCS Phosphate Company, Inc. filed a CERCA complaint against Georgia Power, to recover cost contending that, as supplier of some of the PCB transformers, it should be liable for a contribution to those costs. The district court granted summary judgment in favor of Georgia Power and the Appeals Court affirmed the judgment of the district court.

Federal Register Highlights  The following is an alert of Environmental Federal Register announcements that may be of interest.  (Click here to access today's complete Federal Register index with links to complete announcements).

<> AIR QUALITY - Proposed Rule. U.S. EPA - Fine Particulate Matter National Ambient Air Quality Standards: State Implementation Plan Requirements

(click for the complete Energy & EPA announcements)

Great Lakes News

<> Agency to fund input on lakeside nuke waste facility - The Joint Review Panel, which held hearings on a proposed deep geologic repository in 2013 and 2014, will submit its environmental assessment by May 6 -- the Canadian Environmental Assessment Agency is offering funding to aboriginal groups and participants who would like a say in the conditions placed on the nuclear waste repository should it be approved. CEAA Participant Funding Program

<> Has the Great Lakes Restoration Initiative Made a Difference? - Through the Great Lakes Restoration Initiative (GLRI), our region has seen an investment of over $1.6 billion in projects designed to restore and protect the Great Lakes.

<> Mott Foundation: Lessons from 35 Years of Supporting Community Foundations - The Great Lakes Protection Fund, the Charles Stewart Mott Foundation and the Joyce Foundation have long histories of supporting community foundations.

<> Industrial Water Stewardship – Creating a Positive Impact in the Great Lakes Region - How does an industrial facility know it is being responsible in its use of water?

Michigan News

<> Snyder hits the road to push for passage of Proposal 1 - With just seven weeks left before Election Day, Gov. Rick Snyder last week began making the rounds to stump for a contentious ballot proposal that would generate $1.2 billion for Michigan's crumbling roads by increasing the state sales tax.

<> MDEQ Environmental Calendar for March 23, 2015

<> EPA will fund Krispin Drain project on Harsens Island - A project to restore the habitat and provide recreational opportunities on Harsens Island, MI

<> Mercury collection program continues in Michigan this year - U.S. Ecology and The Michigan Department of Environmental Quality for the Great Lakes Restoration Initiative Mercury Collection Project have announced residents and businesses of Michigan recycled 665 pounds of mercury in 2014

<> Wind Energy and a 'no regrets' Energy Policy Vital to Michigan's Energy Security, says Michigan Eco-Tourism Leader – An interview with Jim MacInnes, president and CEO of Crystal Mountain Resort and Spa who has served as an energy policy advisor for Governors Granholm and Snyder and is nationally involved in energy conservation and renewable energy.

<> Michigan Coalition Against Tar Sands (MI CATS) Issues Manifesto - Line 6B is in the ground, the community in southwest Michigan is still reeling from the effects of the spill in 2010, and an increased volume of tar sands is flowing through southern Michigan with the intention of exporting it from terminals on the east coast.

Michigan Legislative Tracking  Newly introduced bills and bills that are moving, if any, are listed below. Click on the bill number for complete status, full text, & analyses. Uppercase is Senate action; lowercase is House action. Otherwise, for a complete list of environmental legislation this session (click here).