White House On Sen. Paul's Effort To Roll Back CSAPR

Nov 7: Heather Zichal the White House Deputy Assistant to the President for Energy and Climate Change pushed back strongly at the at the efforts of Senator Rand Paul (R-KY) to roll back EPA recently promulgated the Cross-State Air Pollution Rule (CSAPR). The final Transport Rule was published on August 8, 2011 [See WIMS 7/7/11] and on October 6, U.S. EPA signed a proposed rule, seeking comment on significant revisions to the final Transport Rule [See WIMS 10/7/11].

    Zichal said, "President Obama believes that American families should never be asked to choose between the health of their children and the health of the economy. That is a false choice. Four decades of success under the Clean Air Act have shown clearly that strong environmental protections and a strong economy can go hand in hand. To build on the tremendous success of the Clean Air Act, the Obama Administration has taken the most significant steps in a generation to reduce harmful pollution and promote public health. The new standards that we have issued or proposed -- to curb interstate pollution, reduce mercury exposure, and make our cars more fuel efficient, just to name a few -- will result in significant economic and health benefits each year."

    Zichal recounts that, "Just over forty years ago, the Senate did something that would be almost unthinkable today: It passed major legislation by a unanimous vote. That legislation was the Clean Air Act of 1970, signed by President Richard Nixon. Two decades later, the Clean Air Act Amendments of 1990 were passed, again with large bipartisan majorities in both houses of Congress, and signed by President George H. W. Bush." 

    Zichal said, "But today, Republicans in Congress are trying to use our current economic climate as an excuse to roll back clean air protections that Americans have counted on for decades. Senator Rand Paul (R-KY) is currently leading an effort to block the Cross-State Air Pollution Rule (CSAPR) that would save tens of thousands of lives each year. In doing so, Senator Paul is using the Congressional Review Act to repeal this important rule and prohibit the Environmental Protection Agency from protecting American families from cross-state pollution in the future." In January 2010, Senator Lisa Murkowski (R-AK), attempted to use the Congressional Review Act procedure to stop U.S. EPA from regulating greenhouse gas (GHG) emissions under the Clean Air Act [See WIMS 1/22/10].

    Zichal said, "Let's be clear -- this brazen effort doesn't just undermine the public health, it also undermines the judgment of the courts. In 2008, the U.S. Court of Appeals for the Washington, D.C. Circuit found critical flaws in the Bush Administration's efforts on interstate air pollution and directed the EPA to issue a replacement rule as quickly as possible. After seeking and incorporating extensive input from the public, the states, environmental and public health groups, as well as industry, the EPA finalized the Cross-State Air Pollution rule in July of this year."

    Zichal posted additional information on the CSAPR and the EPA estimated benefits of 13,000 to 34,000 premature deaths as well as other health benefits and said "the benefits of this rule are expected to far outweigh its costs, producing over $100 billion in net benefits each year."

    Senator Paul filed his disapproval resolution (S.J.Res.27) on September 8, 2011, pursuant to the provisions of the Congressional Review Act (CRA). Upon introduction, a disapproval resolution is referred to the committee of jurisdiction, which in this case will be the Senate Committee on Environment and Public Works (EPW), Chaired by Senator Barbara Boxer (D-CA). If the committee does not favorably report the resolution, it may be discharged upon petition by 30 Senators. Once a disapproval resolution is placed on the Senate calendar, it is then subject to expedited consideration on the Senate floor, and not subject to filibuster and only needs a majority to pass. S.J.Res.27 was placed on Senate Legislative Calendar on November 3, 2011, and is on the Calendar of Business for today (November 8).   

    Today (November 8) the Office of Management & Budget issued an official Statement of Administration Policy saying, "If the President is presented with S.J.Res. 27, his senior advisors would recommend that he veto the resolution." According to the statement, "The Administration strongly opposes S.J.Res.27, which would overturn a core Clean Air Act (CAA) rule that limits pollution that travels long distances and contributes to soot and smog in downwind States. By blocking this rule, S.J.Res.27 would cause substantial harm to public health and undermine our Nation's longstanding commitment to clean up pollution from power plants. . .

 

    "S.J.Res. 27 would undermine this progress by blocking the Cross-State Air Pollution Rule (CSAPR), which would reduce harmful air pollution from power plants that threatens the health of downwind communities, especially the health of children, seniors, and other vulnerable populations. The CSAPR responds to a 2008 court decision directing EPA to replace the prior Administration's rule with a new rule to address the transport of air pollution across State boundaries. . . S.J.Res.27 would overturn this rule, jeopardize these public health and economic benefits, and perpetuate uncertainty for businesses, freezing investments in clean technologies."

    Access the complete blog post including links to Senator Paul's resolution and related information (click here). Access legislative details for S.J.Res.27 (click here). Access the November 8, Senate Calendar of Business (click here). Access the OMB veto statement (click here). [#Air]

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Bipartisan Senate Transportation Funding Bill Released

Nov 7: Following last weeks defeat in the Senate of the President's $60 billion infrastructure bill (S.1769, the Rebuild America Jobs Act) and the defeat of the Republican alternative bill (S.1786, the Long-Term Surface Transportation Extension Act) [See WIMS 11/4/11]; a bipartisan group of Senators has released the bill text for -- Moving Ahead for Progress in the 21st Century (MAP-21) -- legislation to reauthorize the nation's transportation programs for two years. The Senators include: Senators Barbara Boxer (D-CA), Chairman of the Environment and Public Works (EPW) Committee; James Inhofe (R-OK), Ranking Member of the EPW Committee; Senator Max Baucus (D-MT), Chairman of the EPW Transportation and Infrastructure Subcommittee; and Senator David Vitter (R-LA), Ranking Member of the EPW Subcommittee.

 

    Senator Boxer said, "I am proud to be Chairman of a committee that has joined together across party lines to write a strong, job-creating transportation bill. I believe that our bill will not only protect the 1.8 million existing transportation jobs, but we will also create up to an additional million jobs thanks to the way our bill leverages federal funds. My deepest thanks to my Ranking Member, Senator Jim Inhofe, the Subcommittee Chair, Senator Max Baucus and Subcommittee Ranking Member, Senator David Vitter."

 

    Senator Inhofe said, "I commend Senators Boxer, Vitter and Baucus for their work in striking the right balance on our highway bill, and I am pleased to join them as we unveil it today. Yesterday's votes on both the Democrat and Republican infrastructure bills showed that there is a strong bipartisan majority in the Senate that supports putting Americans back to work by building our roads and bridges. I look forward to working with my EPW colleagues to pass this bill -- which is proven to help strengthen our economy and create jobs -- in the committee next week."

 

    Senator Baucus said, "Maintaining a strong transportation system is a proven way to create jobs and keep America strong and competitive, something we need now more than ever. Because Montana is a highway state, we know firsthand that the smart transportation investments in this bill will deliver big returns in construction jobs in the short term and they will support American commerce around the country and around the world for years to come. This is a bipartisan package everyone can support."

 

    Senator Vitter said, "I'm encouraged that we've found an efficient way of addressing some of our most important transportation needs.  The American people -- and many American businesses -- depend on reliable infrastructure, and I'm glad that we were able to find some common ground with this bipartisan bill."

 

    According to a release, the legislation maintains funding at current levels, reforms the nation's transportation programs to make them more efficient, and provides robust assistance for transportation projects under the Transportation Infrastructure Finance and Innovation Act (TIFIA) program to leverage state, local, and private-sector funding. The bill will be marked up in the EPW Committee on November 9 at 10:00 AM ET. The current surface transportation bill expires on March 31, and many groups, ranging from the U.S. Chamber of Commerce to the AFL-CIO, have called for immediate action to reauthorize the nation's transportation programs.

 

    In a summary of the legislation the Senators identify key highlights of the bill as follows:

•  Moving Ahead for Progress in the 21st Century (MAP-21) reauthorizes the Federal-aid highway program at the Congressional Budget Office's baseline level—equal to current funding levels plus inflation—for two fiscal years.
• MAP-21 consolidates the number of Federal programs by two-thirds, from about 90 programs down to less than 30, to focus resources on key national goals and reduce duplicative programs.
• Eliminates earmarks.
• Expedites project delivery while protecting the environment.
• Creates a new title called "America Fast Forward," which strengthens the Transportation Infrastructure Finance and Innovation Program (TIFIA) program to leverage federal dollars further than they have been stretched before.
• Consolidates certain programs into a focused freight program to improve the movement of goods.

    The bill would establish three new core programs as follows:

• National Highway Performance Program – This section consolidates existing programs (the Interstate Maintenance, National Highway System, and Highway Bridge programs) to create a single new program, which will provide increased flexibility, while guiding state and local investments to maintain and improve the conditions and performance of the National Highway System (NHS). This program will eliminate the barriers between existing programs that limit states' flexibility to address the most vital needs for highways and bridges and holds states accountable for improving outcomes and using tax dollars efficiently.
• Transportation Mobility Program – This program replaces the current Surface Transportation Program, but retains the same structure, goals and flexibility to allow states and metropolitan areas to invest in the projects that fit their unique needs and priorities. It also gives a broad eligibility of surface transportation projects that can be constructed. Activities that previously received dedicated funding in SAFETEA-LU, but are being consolidated under MAP-21, will be retained as eligible activities under the Transportation Mobility Program.
• National Freight Network Program – Our nation's economic health depends on a transportation system that provides for reliable and timely goods movements. Unfortunately, the condition and capacity of the highway system has failed to keep up with the growth in freight movement and is hampering the ability of businesses to efficiently transport goods due to congestion. MAP-21 addresses the need to improve goods movement by consolidating existing programs into a new focused freight program that provides funds to the states by formula for projects to improve regional and national freight movements on highways, including freight intermodal connectors.

    Access a release from the Senators (click here). Access a 4-page bill summary (click here). Access the complete 600-page draft bill (click here). [#Transport]

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GOP & Senate Rules Defeat $60 Billion Infrastructure Funding Bill

Nov 3: Senate Republicans and rules requiring 60 votes in order to consider contested legislation combined to defeat the "infrastructure piece" (S.1769, the Rebuild America Jobs Act) [See WIMS 11/2/11] of the President's overall American Jobs Act, by a 51-49 vote. The President issued the following statement:

 

    "For the third time in recent weeks, every single Republican in the United States Senate has chosen to obstruct a jobs bill that independent economists said would boost our economy and put Americans back to work. At a time when more than a million construction workers are looking for a job, they voted "no" to putting them back to work doing the work America needs done -- rebuilding  our roads, bridges, airports and transit systems. That makes no sense.

    "It makes no sense when you consider that this bill was made up of the same kinds of common-sense proposals that many of these Senators have fought for in the past. It was fully paid for. And even though it was supported by more than 70 percent of the American people -- Republicans, Democrats, and independents -- 100 percent of Senate Republicans said no. It's more clear than ever that Republicans in Washington are out of touch with Americans from all ends of the political spectrum.

    "The American people deserve to know why their Republican representatives in Washington refuse to put some of the workers hit hardest by the economic downturn back on the job rebuilding America. They deserve an explanation as to why Republicans refuse to step up to the plate and do what's necessary to create jobs and grow the economy right now. It's time for Republicans in Congress to put country ahead of party and listen to the people they were elected to serve. It's time for them to do their job and focus on Americans' jobs.  And until they do, I will continue to do everything in my power to move this country forward."

    After voting to defeat the President's proposal, Senate Minority Leader Mitch McConnell (R-KY) offered the Republican alternative bill, S.1786, the Long-Term Surface Transportation Extension Act. That bill was also defeated along party lines by a vote of 53-47 (60-vote threshold).  In discussing the Republican alternative bill, Senator McConnell said:

    "We're going to see two very different approaches to infrastructure and job creation today. The American people can decide for themselves which one makes more sense. The Republican proposal extends the current highway bill for another two years, giving states and contractors the certainty they need to start new infrastructure projects and create jobs. The legislation Senator Hatch is proposing today puts an end to that uncertainty for the next two years. This proposal also gives states the authority to decide how this money is spent. If folks in Ohio or Kentucky want to build a bridge, Washington can't force them to build a bike path.

    "The Republican proposal accelerates the review period and clears away the bureaucratic red tape. The President admitted a few months ago that the shovel-ready projects in his first stimulus bill didn't turn out to be as shovel-ready as he thought. Our proposal helps make sure they are. Our bill prohibits the EPA from imposing burdensome and unnecessary new regulations on American cement producers and domestic boilers, so the cost of American-made materials for the projects paid for through this highway bill don't skyrocket just as they're set to begin. This bill keeps those costs down. Best of all, it's fully paid for through funds that were originally appropriated for another purpose but not spent. Whatever's left over after these projects are funded goes to pay down the deficit. . ."   

    Senator Barbara Boxer (D-CA), Chairman of the Environment and Public Works (EPW) Committee, issued a statement following the two votes saying, "It is outrageous that Republicans defeated President Obama's bill, which would put people back to work by investing in our nation's aging infrastructure. Instead of supporting the President's proposal, Republicans offered a bill that would roll back public health safeguards and cause massive job losses through draconian funding cuts to programs that help all Americans."

    Senator James Inhofe (R-OK), Ranking Member on the EPW Committee issued a lengthy statement saying in part, ". . .after today's vote on President Obama's failed infrastructure plan, I urge my colleagues to turn their attention now to a bill that is proven to create jobs and give our economy a much-needed boost. Of course, I'm talking about the bipartisan highway bill that I am sponsoring with my good friends, Senators Boxer, Vitter and Baucus. Most people are amazed at how close Senator Boxer and I are on this issue. While I appreciate President Obama's acknowledgement that infrastructure spending is highly effective at spurring job growth, it is clear that his plan was all show with no substance.  His bill was purely a political opportunity: it gave him a chance to stand in front of a bridge and make a speech about creating jobs, knowing full well that his bill would never pass. . .

    "The good news is that today's votes, on both the Democrat and Republican infrastructure bills, showed that there is a strong bipartisan majority in the Senate that supports creating jobs and strengthening our economy by rebuilding our crumbling roads and bridges.  Fortunately, Senator Boxer and I are about to unveil our highway bill, which will do just that. . ."

    Last month, Senators Boxer, Inhofe Baucus (D-MT), and Vitter (R-LA), announced that they will markup a two-year surface transportation bill, Moving Ahead for Progress in the 21st Century (MAP-21), on November 9 in the EPW Committee.

    Access the statement from the President (click here). Access the statement from Senator McConnell (click here). Access the statement from Senator Boxer including links to information on the MAP-21 proposal (click here). Access the release from Senator Inhofe (click here). Access legislative details including links to roll call votes for S.1769 (click here). Access legislative details including links to roll call votes for S.1786 (click here). [#Transport]

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DOE Secretary Chu Discusses U.S. & The Global Clean Energy Race

Nov 3: In his speech to the Washington Post Live Smart Energy Conference, Department of Energy (DOE) Secretary Steven Chu highlighted the choice America faces on whether or not to take advantage of the huge economic opportunity and compete with countries like China in the clean energy race.

    Recounting some history, Secretary Chu said, "On a windy day at Kitty Hawk on December 17, 1903, the Wright Brothers launched the world's first powered airplane to achieve human flight – and with it, a whole new industry. For the next several years, they led the world. What is less appreciated is that the United States lost the technology lead in airplanes by the beginning of World War I. Although the U.S. military was the first and major customer of the Wright Brothers and their competitor, Glenn Curtiss, between 1908 and 1913, the United States ranked 14th in government investment in aviation. The low level of government showed: When we entered the war in 1917, we were so far behind that our allies convinced us to produce European designed aircraft. . .

    "The second lesson involves the history of the automobile. In 1885, the modern gasoline-powered internal combustion engine was invented in Germany by Gottlieb Daimler and Karl Benz.  Henry Ford didn't invent the automobile; he invented the assembly line, which greatly increased worker productivity. America became the dominant automobile manufacturing force in the world by becoming the low-cost, high-quality mass producer. As the price of cars came down, the market exploded.  More factories were built and more workers were hired – and America dominated the auto industry. . .

    "My final lesson is about information technologies. American ingenuity created the technologies upon which modern electronics were born, but federal support helped usher in the telecommunications era. The U.S. saw the potential of this emerging industry and took action to help foster its growth. The military was an early adopter of computers. The Defense Department backed research that helped lead to the development of Internet technology. The purchasing power of the Air Force, NASA and other federal agencies guaranteed a market and drove down costs for microchips, making them affordable and widely available for use in a range of technologies. . .

    "Once again, there is a huge opportunity before us – a global clean energy market that is already worth an estimated $240 billion and is growing rapidly. In fact, a very reasonable estimate is that solar photovoltaic systems alone represent a global market worth more than $80 billion this year. To put that $80 billion in perspective, that's nearly as much as Americans spend every year on beer. The difference is that the solar PV market will grow and will dwarf the beer market. The United States built an early lead in the clean energy race. Solar cells, wind turbines, and lithium ion batteries were all invented here.  But we are no longer the leading manufacturer of any of those technologies. In keeping with the comparison with beer, in 2009, we spent $7.1 billion on potato chips – $2 billion more than our federal investments in energy research.

    "History is repeating itself – just like we took the lead in automobiles from Germany, other countries have studied the U.S. playbook and are using it to take the lead from us.  While some people in Washington are debating whether the clean energy economy is real or whether we should try to compete, other countries are seizing the opportunity. Nowhere is this more evident than in China.  Last year in Shanghai, I visited Suntech, currently the leading photovoltaic manufacturer in the world. They import their silicon wafer material from the United States, because the electrical energy required to refine the silicon is much less in the U.S. They add the high technology processing steps in a highly automated facility in China. Suntech is not only a low-cost leader, at the time of my visit they held the record for the highest efficiency poly-silicon solar cells in the world. Suntech is trying to do to us what Henry Ford did to Daimler and Benz. . .

    "While we've made progress, the United States is at a crossroads.  Many clean energy tax incentives are expiring.  The 1705 loan guarantee program closed on September 30th, and we've obligated virtually all of our Recovery Act money. America faces a choice today: Are we going to recognize the opportunity and compete in the clean energy race or will we wave the white flag and watch all of these jobs go to China, Korea, Germany and other countries? . . .

    "We had this same debate in 2008 and 2009 about the auto industry. A lot of people in this town were ready to give up on U.S. auto manufacturing. President Obama refused to let the U.S. auto industry collapse. Today, Ford, GM and Chrysler are profitable and are creating jobs and quality products. After seven straight years of decline, America's auto manufacturers expanded their output by 35 percent last year. The President took action because auto manufacturing is a lifeblood of our economy.  A Center for Automotive Research report found that nearly 8 million jobs are impacted by U.S. auto manufacturers, suppliers and dealers. This includes jobs directly connected to manufacturing and other jobs that benefit when workers spend their paychecks. The critics were wrong about the auto industry. I believe they are just as wrong today when they say we shouldn't bother investing in efficient vehicles or clean energy. . .

    "To those in Washington who say we cannot or should not compete, I say: that's not who we are. In America, when we fall behind, we don't give up. We dig in and come back. Why should we concede one of the biggest growing markets in the world that is in our sweet spot: technological and manufacturing innovation? America has the opportunity to lead the world in clean energy technologies and provide the foundation for our prosperity. We remain the most innovative country in the world ... but "Invented in America" is not good enough. We need to ensure that these technologies are invented in America, made in America and sold around the world.  That's how we'll prosper in the 21st century."

    Access Secretary Chu's complete speech with links to referenced information (click here). [#Energy/Green]

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President's $60 Billion In Infrastructure Funding Likely To Fail

Nov 2: As part of President Obama's "We Can't Wait" campaign, he delivered remarks in front of Washington, DC's Key Bridge and urged Congress to pass the transportation piece of the American Jobs Act (AJA), which he said would make an immediate investment of $50 billion in the nation's transportation infrastructure and a $10 billion investment to create a bipartisan National Infrastructure Bank. He indicated that together, the initiatives would put hundreds of thousands of construction workers back on the job rebuilding our roads, rails, and runways.

    A White House release reports that according to the U.S. Department of Transportation's Federal Highway Administration, the Key Bridge is in need of crucial repairs and maintenance work. In order to ensure the Key Bridge remains both safe and functional well into the future, the District Department of Transportation (DDOT) proposed a $20 million project to rehabilitate and repair critical portions of the bridge. However, the city is deferring this maintenance to 2015 due to a lack of funds. If Congress passes this bill, DDOT could make these critical repairs more quickly and put Americans back to work as early as 2013.

    The President said, "Construction workers have been among the Americans hit hardest over the past few years. And that makes no sense when there's so much of America that needs rebuilding. This week, Congress has the chance to do something about it and pass a bill that will put hundreds of thousands of construction workers back to work rebuilding our roads, bridges, airports and transit systems. It's a bill that includes the kinds of ideas both parties have voted for in the past, it's paid for, and its ideas are supported by an overwhelming majority of the American people. It's time for Congress to act."

    The White House released a report entitled, Recent Examples of the Economic Benefits From Investing In Infrastructure, to highlight the importance of rebuilding roads, bridges, railways, and airports across the nation. The report states, "In order to meet the needs of a growing economy, there is an ongoing need for new investments to maintain, upgrade, and expand the nation's stock of transportation infrastructure." The report highlights projects from Arizona, D.C., Florida, Illinois, Indiana, Kentucky, Louisiana, Maryland, Nevada, New Hampshire, New Jersey, New York, North Carolina, Ohio, South Carolina, Tennessee, Texas, Utah, Virginia, Washington and West Virginia.

    The Administration also announced several "common-sense steps" it has taken to improve the process of reviewing and approving transportation projects, help cut red tape, and leverage additional private sector funding in order to promote private sector growth and job creation. The steps include:

• Directing the U.S. Department of Transportation (DOT) to award $527 million in competitive TIGER grants by the end of 2011 -- months ahead of schedule. The TIGER program puts American workers back on the job by helping to rebuild our nation's roads and bridges, and working on innovative projects like streetcar and light rail systems. This year, DOT received about 1,000 applications, including at least one from every state.
• Directing DOT to shorten the application process for the 2012 round of TIFIA funding [Transportation Infrastructure Finance And Innovation Act], which will accelerate projects and put workers back on the job more quickly. TIFIA provides up to one-third of the financing needed for bridge, tunnel, toll, transit, and other large-scale transportation projects. That means the annual funding level of $110 million in TIFIA funds can support projects totaling up to $3 billion in construction.
• Establishing a Transportation Rapid Response Team to expedite reviews of surface transportation projects. Co-chaired by the Council on Environmental Quality and the U.S. Department of Transportation, the team will identify and implement best practices to improve the transparency, efficiency and effectiveness of environmental review and permit decisions for transportation projects, protecting public health and putting Americans back to work.

    On the motion to proceed S.1769, the Rebuild America Jobs Act.the Senate Majority Leader Harry Reid (D-NV) said, "I hope we can work out something to have a vote on this most important measure. It is very important. This is a piece of legislation that the entire population of America supports by a ratio of some 76 percent. Republicans support it; Democrats support it; Independents support it. The only people in the world who do not support it are Republicans here in the Senate. So I hope we can work out something and move to this and it would be unnecessary for us to have to have cloture invoked or try to have cloture invoked." Senator Reid indicated that a cloture vote would be held on Thursday morning (November 3) if some deal between Democrats and Republican cannot be worked out.

 

    In a separate release, Senator Reid said, "Tomorrow the Senate will vote on the Rebuild America Jobs Act, a plan to put hundreds of thousands of Americans back to work constructing thousands of miles of roads and bridges, runways and train tracks. The plan is paid for with a small tax -- less than a penny -- on every dollar a person earns in excess of $1 million a year. The legislation asks millionaires and billionaires to contribute just a little bit more than they do today, knowing there is a price tag associated with getting our economy back on track. My Republican colleagues say they oppose this plan to hire hundreds of thousands of construction workers and rebuild our nation's collapsing infrastructure because they believe the wealthiest Americans can't afford to pay a few pennies more. But even the majority of the people who would pay this tax say that simply isn't true. They support our plan. . .

 

    "So, tomorrow my Republican colleagues will face a choice. The choice is not whether to invest in roads or bridges, or whether the richest of the rich can spare a few dollars for the sake of our economy. The choice is about priorities. Who will Republicans put first — the millions of ordinary Americans struggling to find work and put food on the table? Or the millionaires and billionaires whose biggest problem is that they may have to pay an additional $7,000 on the second million they make each year?. . . Seventy-two percent of Americans, including 54 percent of Republicans, want us to pass this plan. And 76 percent of them, including 56 percent of Republicans, want us to pay for it by asking the nation's wealthiest citizens to contribute their fair share. . ."

 

    Senate Minority Leader Mitch McConnell (R-KY) did not respond to Senator Reid's remarks directly, but instead urged the Senate to take up what Republicans are calling the House-passed "Forgotten 15" -- referring to 15 bills that have bee passed in the House and are now waiting to be considered in the Senate [See WIMS 10/28/11]. Senator McConnell said, ". . .the Republican Majority in the House of Representatives has been passing bills that actually have a chance of gaining bipartisan support and becoming law. They're actually trying to get something done.

    "Unlike the President and the Democrats who run the Senate, House Republicans are designing legislation to pass, rather than fail. They want to make a difference rather than a point. And the only thing keeping these bills from becoming law is the fact that Democrats in the Senate won't take them up. We know the President's strategy. His so-called jobs bill has one purpose: to divide us. Just this morning, I read a story that quoted some Democrat operative almost bragging about the fact that they don't except any of the legislation the President's been out there talking about on his bus tour to pass. They openly admit these bills are designed to fail.

    "It's not exactly a state secret that Republicans -- and yes, some Democrats -- don't think we should be raising taxes right now on the very people we're counting on to create the jobs we need to get us out of a jobs crisis. And yet the one thing that every single proposal Democrats bring to the floor has in common is that it does just that. So the Democrats' plan is to keep putting bills on the floor they know ahead of time we'll vote against, instead of trying to solve the problem. And they don't even hide it. The President's top strategist actually issued a memo a few weeks ago saying the President would use this legislation not as a way to help people but as a way to pummel Republicans. Meanwhile, House Republicans have passed bill after bill that are actually designed to do something. . . [Senator McConnell listed the 15 bills passed by the House]

    "This is just the latest example of a simple, bipartisan bill that struggling businesses are begging us to pass.  But that Senate Democrats are holding up right now because it doesn't fit with their story line. "I'm not saying they have to vote on every one of these bills just as they are. There's an amendments process for that. "But why not take them up? "Everyone would help create jobs. And none of them would raise taxes. . .

    "What we're witnessing in Washington right now is two very different styles of governance: a Republican majority in the House that believes we should actually do something about the problems we face, and which has put together and actually passed bipartisan legislation that would help address those problems. And a Democratic Majority in the Senate that's teamed up with the White House on a strategy of doing nothing -- all for the sake of trying to score political points and spread the blame for an economy that their own policies have cemented into place as they look ahead to an election that's more than a year away. . ."

    Access a release from the White House (click here). Access the White House report on infrastructure projects (click here). Access a release from Sen. Reid (click here). Access the complete statement and video from Sen. McConnell (click here). Access legislative details for S.1769 (click here). [#Transport]

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Dire Warnings From UN On State Of The Global Environment

Nov 1: A report from the United Nations which tracks the environmental changes the planet has gone through over the past 20 years warns that concerted and rapid action is urgently needed to curb resource depletion and ensure human activities do not destroy the very environment that supports economies and sustains life. The report, Keeping Track Of Our Changing Environment: From Rio to Rio+20, compiles relevant statistical data on population, climate change, energy and food security among other key issues, to draw a picture of the current environmental landscape, spotlighting challenges ahead. The report is part of the UN Environment Programme's (UNEP's) Global Environmental Outlook-5 (GEO-5) series, which assesses the state and trends of the global environment. The full GEO-5 report will be launched next May, one month ahead of Rio+20.  

    Achim Steiner, UNEP Executive Director said the report was a timely reminder for world leaders of the areas that continue to need urgent attention such as the rapid build-up of greenhouse gases (GHG), the erosion of biodiversity and the use of natural resources, which increased by 40 per cent from 1992 to 2005, a much faster pace than population growth. Other key issues highlighted by the report include: ongoing forest loss in Africa, Latin America and the Caribbean, with a decrease of 300 million hectares (741 million acres) of forest areas in the region since 1990, and the diminishing glaciers which have influenced the current rise in sea-levels, threatening the well-being of approximately one sixth of the world's population. Steiner said the report also highlights areas where progress has been made and "underlines how, when the world decides to act it can dramatically alter the trajectory of hazardous trends that threaten human well-being -- action to phase-out ozone-damaging chemicals being a spirited and powerful example."

    The report notes that many environmental issues, which were only emerging in 1992, when the Earth Summit was held in Rio de Janeiro, are now part of mainstream policy-making in many countries due to consumer and civil society demands. Some of these issues include the implementation of recycling practices, the commercialization of renewable energy, the rise in sales of organic products and eco-labeling, and the use of carbon trading as a way to regulate greenhouse gas emissions. In addition, the report draws attention to the increase in the support for developing green economies, with more government investment in ways to effectively manage their resources and curb their carbon emissions as part of their broader economic development strategy.

    Steiner said the upcoming UN Conference on Sustainable Development Rio+20 in the Brazilian city of Rio de Janeiro next June could help address the negative effects mentioned in the report and enhance efforts already having a positive impact. He said, Rio+20, under the two themes of a Green Economy in the context of sustainable development and poverty eradication and an institutional framework for sustainable development, can, with the requisite level of leadership, trigger the necessary switches that may ensure that the balance of negative versus positive trends moves from the red into the black and that the right to development is enjoyed by the many rather than the few."

    The report points out that as the world's population has now reached 7 billion, urban population has grown by 45 per cent since 1992. Yet, the percentage of slum dwellers has dropped from 46 per cent in 1990 to a third in 2010, thanks to improved housing and sanitation. The number of megacities with at least 10 million people has grown from 10 in 1992 to 21 last year -- a 110 per cent increase; and 1.4 billion people globally have no access to reliable electricity or the power grid.

    The authors of the report point out that the lack of sufficient, solid data and monitoring systems to measure progress remains an obstacles to achieving the environmental goals set by the international community. The report highlights the missing pieces in our knowledge about the state of the environment, calling for global efforts to collect scientifically-credible data for environmental monitoring. The Eye on Earth Summit, to be held in Abu Dhabi next month (December 12-15), presents one such opportunity, where scientists, policymakers and governments will work together to define the key challenges and solutions related to environmental data access and sharing.

    Access a release from the UN with links to related information (click here). Access a more detailed release from UNEP (click here). Access the complete 111-page report (click here). Access more information on the Eye on Earth Summit (click here). [#All]

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Clean Air Agencies Call For Lowering Gas Sulfur Content

Oct 31: The National Association of Clean Air Agencies (NACAA), representing air pollution control agencies in 53 states and territories and over 165 major metropolitan areas across the United States(formerly STAPPA and ALAPCO), released a report on the benefits and costs of implementing the association's recommendations for Tier 3 motor vehicle and gasoline standards as outlined in a June 27, 2011 letter to EPA Administrator Lisa Jackson. In the report, Cleaner Cars, Cleaner Fuel, Cleaner Air: The Need for and Benefits of Tier 3 Vehicle and Fuel Regulations, NACAA indicates that the amount of air pollution that would be immediately reduced from lowering the sulfur content of gasoline to an average of 10-ppm is equivalent to removing approximately one in eight cars and light trucks from the roads. This result would come at a price of $0.008 – eight-tenths of a cent per gallon. Such cleaner gasoline would also enable improved technologies on cars and light trucks that could yield substantial vehicle emissions reductions at a cost of about $150 per car.

 

    S. William Becker, NACAA's Executive Director said, "As NACAA's report reveals, reducing sulfur in gasoline would not only enable the use of improved emissions control technology on new cars and light trucks, it would also result in an overnight reduction in emissions from the existing fleet -- on the order of approximately 260,000 tons of nitrogen oxides (NOx) -- equivalent to taking 33 million cars off our nation's roads in 2017 when the program begins. I don't know of any other air pollution control strategy out there that can provide emissions reductions as significant and immediate as this."

 

    NACAA also found that the additional cost to consumers of the cleaner gasoline would be less than a penny a gallon, and the additional cost of a cleaner 'Tier 3' vehicle would be similarly low, at about $150. By 2030, the Tier 3 program recommended by NACAA would cut emissions of NOx, volatile organic compounds and carbon dioxide by about 29, 38 and 26 percent, respectively. The report is intended to inform the U.S. EPA effort to develop tougher Federal vehicle and fuel standards that will reduce emissions into the air and lead to cleaner, more healthful air.

 

    In June, NACAA recommended that EPA adopt a Tier 3 program that includes vehicle emissions standards consistent with California's Low-Emission Vehicle III (LEV III) program and an average gasoline sulfur content of 10 parts per million. NACAA indicated that as state and local air agencies face, or prepare to face, the challenge of attaining the health-based standards for ozone, particulate matter, nitrogen dioxide and sulfur dioxide, and continue to grapple with ubiquitous toxic air pollution, an effective program to tackle emissions from cars and light trucks -- which are key contributors to all of these problems -- is critical. NACAA, therefore, continues to urge that EPA take full advantage of the opportunity to establish a meaningful and effective Tier 3 program to help states and localities meet their clean air obligations. The Agency is expected to propose the so-called "Tier 3" program by the end of this year.

 

    The report indicates, "Although motor vehicle emissions have improved dramatically since the federal mobile source program was introduced in 1968, they remain a primary source of the volatile organic compound (VOC) and nitrogen oxide (NOx) emissions that result in the formation of ozone. Accordingly, if we are to achieve and sustain healthful air quality across the country, we must further control motor vehicle emissions and fuels. . . Fortunately, additional controls are available at very modest cost. EPA is expected to introduce, later this year, a 'Tier 3' program of tougher light-duty vehicle emissions standards that follow closely the Low-Emission Vehicle (LEV) III requirements being pursued by the California Air Resources Board (CARB). A critical piece of this program, and one that will ensure cost-effective implementation of these stricter standards, is further improved gasoline quality, particularly a reduction in average gasoline sulfur levels from approximately 30 parts per million (ppm) today, enacted as part of the 1999 Tier 2 program, to an average of 10 ppm. . . In short, EPA should take full advantage of the opportunity to establish a meaningful and effective Tier 3 program – including vehicle and fuel standards – to ensure that states and localities across the nation, which face increasing air quality challenges, can meet their statutory obligations."

 

    Access a release from NACAA (click here). Access the complete 32-page report (click here). Access the June 27, letter to EPA (click here). [#Air, #Transport]

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EPA Guidance On Wastewater & Stormwater Runoff Releases

Oct 28: U.S. EPA announced a commitment to using an integrated planning process to help local governments dealing with difficult financial conditions identify opportunities to achieve clean water by controlling and managing releases of wastewater and stormwater runoff more efficiently and cost effectively. EPA said the integrated planning process, outlined in a guidance memo to EPA's regional offices from EPA's Office of Water and Office of Enforcement and Compliance, will help municipalities prioritize infrastructure investments to address the most serious water quality issues and provide flexibility to use innovative, cost-effective stormwater and wastewater management solutions. 

    EPA Deputy Administrator Bob Perciasepe said, "EPA is firmly committed to helping local governments identify opportunities to achieve clean water using a comprehensive integrated planning approach. An integrated approach allows communities to prioritize their investments to address the most serious water issues first and provides flexibility to use innovative, cost-effective storm- and wastewater management solutions – including green infrastructure."

    EPA indicates that aging sewer systems, not designed to handle heavy rain and snowfall in addition to handling the wastewater from growing populations and local industries, can overflow, releasing untreated sewage into waterways, onto city streets or into the basements of homes. As the runoff flows over the land or impervious surfaces, including paved streets, parking lots, and building rooftops, it accumulates debris, chemicals, sediment and other pollutants. Overflows and stormwater can carry a variety of harmful pollutants, including bacteria, metals and nutrients that threaten communities' water quality and can contribute to disease outbreaks, beach and shellfish bed closings, flooding, and fishing or swimming advisories.

    To better protect water quality, EPA said it will work with local governments to review the Clean Water Act requirements that each municipality must comply with and look for opportunities to improve the efficiency and effectiveness of solutions developed to meet those obligations. This integrated approach will identify efficiencies where more than one water quality issue can be addressed by the same solution and where competing requirements may exist, including how to best make capital investments and meet operation and maintenance requirements.

    EPA said that integrated planning approaches can also have other benefits, like leading to the identification of innovative, sustainable solutions that improve water quality and enhance community vitality. Green infrastructure, such as green roofs, rain gardens, planter boxes, and permeable pavement, is an example of an integrated solution that can reduce, capture, and treat stormwater runoff at its source before it can reach the sewer system. Green infrastructure provides a cost effective way to reduce overflows and add green space in communities.

 

    Access a release from EPA (click here). Access the EPA Guidance Memo (click here). Access more information on green infrastructure (click here). [#Water]

 

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Tensions Build With Hints Of Possible Keystone Decision Delay

Oct 26: Although the State Department and Obama Administration are on record that a decision on the controversial Keystone XL pipeline project will be made by the end of the year [See WIMS 9/7/11], a Reuters news report indicates that could change. According to Reuters, an official, who spoke on condition of anonymity, said "the State Department still hoped to make a decision by the end of this year, which has been its target, but that its highest priority was to carry out a thorough, rigorous review."

 

    As the decision date nears tensions between opposing parties are growing. On October 26, opponents of the project demonstrated outside of the University of Colorado, Denver Campus as the President spoke about his college loan relief plan. On October 24, Nebraska Governor Dave Heineman announced that he is calling for a special session of the Nebraska Unicameral to determine if siting legislation can be crafted and passed for pipeline routing in Nebraska [See WIMS 10/25/11]. And, House Republicans reminded that in July they passed H.R. 1938, the North American-Made Energy Security Act calling for a final decision by November 1, which the Obama administration stated was "unnecessary because the Department of State has been working diligently to complete the permit decision process for the Keystone XL pipeline and has publicly committed to reaching a decision before December 31, 2011."

 

   In Denver, Tom Poor Bear, Vice President of the Oglala Lakota Nation was removed from Obama's speech at the University but posted a plea urging President Obama "to respect our water, which is life -- and to respect our future generations. We ask all indigenous people to join us in our plight to oppose the TransCanada Keystone XL pipeline. . . Through a unified effort, we will accomplish this task. As our great leader of our ancestral days, Crazy Horse, once said: 'You cannot sell the land your people are buried on.' I believe today he would say: 'You cannot desecrate the land your people are buried on.'" As the President's speech was interrupted by protesters he stopped and said, "All right. Thank you, guys. We're looking at it right now, all right?  No decision has been made. And I know your deep concern about it. So we will address it."

 

    House Republicans said, "President Obama has been road-testing a new campaign slogan, saying 'we can't wait' for action on legislation to promote job creation. Republicans agree, which is why the Obama administration's delay of the Keystone XL pipeline project is so baffling." They cited a recent statement from the International Brotherhood of Electrical Workers saying, "Within days of receiving regulatory approval from the U.S. Department of State, the $7 billion Keystone XL pipeline would create 20,000 construction and manufacturing jobs in the U.S. during the construction phase. This includes welders, pipefitters, heavy equipment operators, engineers and many other trades. Investing billions in the economy would also lead to the creation of 118,000 spin-off jobs as local businesses benefit from workers staying in hotels, eating in restaurants and TransCanada buying equipment and supplies." They said, "It's time for the Obama administration to make a decision. We Cant Wait any longer."

 

    Meanwhile on October 26, Senator Bernie Sanders (I-VT) on the State Department inspector general to investigate whether conflicts of interest tainted the process for reviewing a proposed crude oil pipeline from Canada to the Gulf of Mexico. In a separate letter to President Obama, Sanders, Representatives Steve Cohen (D-TN) and Peter Welch (D-VT) and 11 other senators and congressmen cited "serious concerns" about the integrity of the review and asked the White House to withhold any decision on the project until the inspector general's investigation is completed, made public and evaluated. Other Members signing the letter included: Senators Ron Wyden (D-OR), Sheldon Whitehouse (D-RI); Representatives Earl Blumenauer (D-OR); Chellie Pingree (D-ME); Mazie Hirono (D-HI); Raul Grijalva (D-AZ); Hank Johnson (D-GA); Michael Honda (D-CA); Dennis Kucinich (D-OH); Tim Ryan (D-OH); and Mike Quigley (D-IL).

    According to a release from Senator Sanders, TransCanada, the company proposing the Keystone XL pipeline project, reportedly was allowed to screen private firms competing to perform an environmental impact study on the pipeline. Cardno Entrix, the politically-connected firm ultimately selected to conduct the environmental impact study, had significant financial ties to TransCanada. The lawmakers wrote to Deputy Inspector General Harold Geisel saying, "Given the significant economic, environmental, and public health implications of the proposed pipeline, we believe that it is critical that the State Department conduct thorough, unbiased reviews of the project." 

    Access the Reuters report (click here). Access the release from the House Energy and Commerce Committee (click here). Access the posting from Tom Poor Bear (click here). Access a release from Senator Sanders and link to the letter (click here). Access a DOS announcement and details on the schedule of project meetings (click here). Access a fact sheet and map of the proposed pipeline (click here). Access a 27-page Executive Summary of the final EIS (click here). Access complete details and background from the DOS Keystone XL Pipeline Project website (click here). [#Energy/Pipeline, #Energy/OilSands]

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House Hearing On The Farm Dust Regulation Prevention Act

Oct 25: The House Energy and Commerce Subcommittee on Energy and Power, chaired by Representative Ed Whitfield (R-KY), held a hearing to discuss legislation to provide "much-needed regulatory certainty to rural America." According to a release from Chairman Whitfield, H.R.1633, the Farm Dust Regulation Prevention Act of 2011, will prevent EPA from changing its current standard for coarse particulate matter, commonly referred to as dust, for one year from enactment. The bill also provides flexibility for state, local, or tribal regulation of "nuisance dust," generated from natural sources, unpaved roads, agricultural activities, earth moving, and other activities typically conducted in rural areas.

 

    Witnesses included: Reps Kristi Noem and Robert Hurt; Gina McCarthy, EPA Assistant Administrator for Air and Radiation; and representatives from: National Cattlemen's Beef Association; American Farm Bureau Federation; National Stone, Sand & Gravel Association; Holland & Knight (on behalf of: Coarse Particulate Matter Coalition); Columbia University; Brown University; and Natural Resources Defense Council.

    In response to growing concerns on this issue in the agriculture community, on October 14, in a letter to Senator Debbie Stabenow (D-MI), Chair of the Senate Agriculture Committee, and Senator Amy Klobuchar (D-MN), U.S. EPA Administrator Lisa Jackson indicated she would not recommend any change in the PM10 particulate matter standards of the National Ambient Air Quality Standards (NAAQS). Former USDA Director under President Bush and now U.S. Senator Mike Johanns (R-NE) issued a lengthy release applauding the EPA announcement which he said now means that the Agency will not be regulating farm dust. He said he will not continue to pursue his farm dust legislation because the announcement provides clarity to ambiguous and sometimes conflicting comments previously made by the Agency [See WIMS 10/19/11].

    At the hearing, EPA's Gina McCarthy reiterated Administrator Jackson's commitment and said, "This existing standard has been in effect since 1987. I am hopeful that this announcement ends the myth that the Agency has plans to tighten regulation of 'farm dust.' Given the Administrator's announcement, this bill is no longer necessary to produce its stated result -- to prevent the tightening of the coarse particle standard. Additionally, it is crucial for this Committee to note that this bill does far more than prohibit EPA from revising the coarse particle standard, and could roll back basic Clean Air Act protections and adversely affect public health in urban, suburban and rural areas." 

    While EPA's action satisfied some members, other are not convinced. H.R.1633, is co-sponsored by over 100 Republicans and Democrats. Two of the bill's primary sponsors, Representatives Kristi Noem (R-SD) and Robert Hurt (R-VA), testified about the need for their legislation to provide "immediate relief to America's farmers and ranchers." Representatives Noem said, "My bill is a bipartisan approach to ending the EPA's regulation of farm dust in rural America, while still maintaining the protections of the Clean Air Act to the public's health and welfare. One of the most overwhelming concerns I hear about from farmers and ranchers back home is the overbearing regulations coming out of EPA, including the regulation of farm dust. Their concern is not unwarranted. We need to put an end to regulation of farm dust and prevent its expansion in the future. Regulation of farm dust is a problem today and will only cause more of an issue as the EPA continues to have opportunities to make more stringent standards in the future."

    Representative Whitfield acknowledged in his release that EPA Administrator Lisa Jackson recently announced plans to propose retaining the current standard for coarse particulate matter, but said "the agricultural community remains concerned that the standard could change during the rulemaking process or as a result of future court challenges. In addition, witnesses noted that without legislation, EPA would retain the authority to modify the standard and increase the costs and burdens of farm dust regulation in the future."

    Energy and Commerce Chairman Fred Upton (R-MI) said, "The last thing our struggling economy needs is new costs and regulatory burdens on farmers and small business in rural America. They already face indirect consequences from EPA's costly regulatory agenda, and now they are rightfully concerned about the threat of direct regulation on their operations. This is a common-sense approach that protects the interests of our vital rural economy, and I commend our colleagues for putting their ideas on the table. If EPA is serious that it does not intend to regulate farm dust, it should embrace this legislation."

    Full Committee Ranking Member Henry Waxman (D-CA) said in a statement, "We are going to hear today that we must pass H.R.1633 to stop EPA from regulating farming. This isn't just nonsense. It's pure fantasy. EPA does not regulate farming practices to reduce dust and has expressed no intention of doing so in the future. EPA has set standards for the levels of coarse particulate matter in the ambient air because there is scientific evidence that this pollution causes serious health effects. Coarse particulate matter, or PM10, is produced by uncontrolled burning of coal and oil, construction and demolition activities, mining, and unpaved roads, as well as farm activities. Once EPA sets the standards for ambient levels of air pollution, it is up to the states and localities to determine how to meet them. It is the states and localities, not EPA, that decide which sources must reduce pollution and by how much. EPA set the current PM10 standards in 1987, during the Reagan Administration. . ."

    Access a release from Rep. Whitfield (click here). Access the Republican hearing website for links to all testimony, background, statements (click here). Access the Democratic hearing website for links to all testimony, statements and webcast highlights (click here). [#Air]

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Independent Berkeley Earth Study Confirms "Global Warming Is Real"

Oct 24: "Global warming is real," according to a major study by the Berkeley Earth Surface Temperature (BEST) project, just released on October 20. According to a summary, despite issues raised by climate change skeptics, the BEST project finds reliable evidence of a rise in the average world land temperature. The team finds that "the global land mean temperature has increased by 0.911 ± 0.042 C since the 1950s (95% confidence for statistical and spatial uncertainties). This change is consistent with global land-surface warming results previously reported, but with reduced uncertainty."

 

    The Berkeley Earth Surface Temperature (BEST) project, an effort to provide an unbiased and independent analysis of global warming to prove or disprove its existence, has release four scientific papers setting out the main conclusions of the study to date (October 2011). The BEST project was created to make the best possible estimate of global temperature change using as complete a record of measurements as possible and by applying novel methods for the estimation and elimination of systematic biases. It was organized under the auspices of Novim, a non-profit public interest group. The papers have been submitted for peer review and cover the following topics: Statistical Methods; Urban Heat Island; Station Quality; and Decadal Variations. The BEST team is making the preliminary results public, together with the programs and data set in order to invite additional scrutiny as part of the peer review process.

 

    The team explains that existing data used to show global warming have met with much criticism. The BEST project attempts to resolve current criticism of the former temperature analyses by making available an open record to enable rapid response to further criticism and suggestions. The results include the best estimate for the global temperature change and the estimates of the uncertainties in the record. The team indicates that "science is nonpartisan and our interest is in getting a clear view of the pace of climate change in order to help policy makers to evaluate and implement an effective response. In choosing team members, we engage people whose primary interests are finding answers to the current issues and addressing the legitimate concerns of the critics on all sides. None of the scientists involved has taken a public political stand on global warming."

 

    The team indicates that the most important indicator of global warming, by far, is the land and sea surface temperature record. This has been criticized in several ways, including the choice of stations and the methods for correcting systematic errors. The BEST study sets out to do a new analysis of the surface temperature record in a rigorous manner that addresses this criticism. It uses over 39,000 unique stations, which is more than five times the 7,280 stations found in the Global Historical Climatology Network Monthly data set (GHCN-M) that has served as the focus of many climate studies. The team's aim is to resolve current criticism of the former temperature analyses, and to prepare an open record that will allow rapid response to further criticism or suggestions.

 

    The Berkeley Earth Surface Temperature (BEST) project has the following objectives: (1) To merge existing surface station temperature data sets into a new comprehensive raw data set with a common format that could be used for weather and climate research; (2) To review existing temperature processing algorithms for averaging, homogenization, and error analysis to understand both their advantages and their limitations; (3) To develop new approaches and alternative statistical methods that may be able to effectively remove some of the limitations present in existing algorithms; (4) To create and publish a new global surface temperature record and associated uncertainty analysis; and (5) To provide an open platform for further analysis by publishing our complete data and software code as well as tools to aid both professional and amateur exploration of the data.

 

    The project is funded from grants and donations. A complete list of donors and the amounts that they contributed is available on the BEST website. The project has received financial support totaling more than $600,000 from the Folger Fund, the Lawrence Berkeley National Laboratory, the Fund for Innovative Climate and Energy Research (created by Bill Gates), the Bowes Foundation, the Koch Foundation, and the Getty Foundation. Together, the people who created these organizations span a wide range of political views. Also, the project has received funding from a number of private individuals, totaling $14,500 at this time. All donations were provided as unrestricted educational grants and donors have no influence over the methodology or the published results. The results have now been made public and will be presented with full transparency, and the data are available to those who wish to carry out their own analysis.

    Access a 2-page summary of results (click here). Access the BEST website for complete background, FAQs and related information (click here). Access links to the 4 papers, data sets, summaries, charts, and more (click here). Access the complete list of donors (click here). [#Climate]

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UNEP/WRI Report On Options In Reaching Climate Change Goals

Oct 24: A report by the United Nations Environment Programme (UNEP) and the World Resources Institute (WRI) warns that  international efforts to mitigate climate change are insufficient to meet the goal of keeping global warming to below 2 degrees Celsius above pre-industrial levels. The report is being released just a month in advance of the United Nations Framework Convention on Climate Change (UNFCCC) meeting in Durban, South Africa (COP17/CMP7).

 

    The report -- Building the Climate Change Regime: Survey and Analysis of Approaches -- outlines a list of options to achieve the target, including more cuts in greenhouse gases (GHGs) from additional sectors, stronger accounting rules both within the UNFCCC and through other multilateral and domestic strategies, sharing mitigation efforts based on countries' capacities or contributions to the problem, and legally binding commitments. The report reviews more than 130 proposals put forward by governments, non-governmental organizations (NGOs), and academics to design a climate regime capable of delivering adequate mitigation. At the upcoming climate meeting in Durban, November 28 to December 9, 2011, countries will have the opportunity to turn these ideas into action and start to bridge the ambition gap needed to truly have an impact [See WIMS 10/19/11].

    The report and warning from is the latest in a long series of UN warnings that world is falling behind in the battle against global warming. Just last month, at a Leaders' Dialogue on Climate Change on the eve of the high-level session of the General Assembly, Secretary-General Ban Ki-moon urged governments to show greater commitment. Scientists say that keeping to the 2-degrees Celsius limit over the course of the 21st century is crucial to avert widespread disasters, from the disappearances of low-lying island nations under rising seas and searing droughts, famines, extreme storms and flooding, to the extinction of species.

    UNEP Executive Director Achim Steiner said, "The analysis provided in this new report offers many options that can happen either in the formal negotiations or as complementary measures elsewhere, options that can assist the more than 190 United Nations Member States move quickly to harvest the opportunities of a transition to a climate resilient, low-carbon, resource-efficient Green Economy." The report highlights the need to mobilize a range of public and private sector groups at the international, national and sub-national levels, who can contribute to climate governance, emission reductions and adaptation investment.

    The report stressed that the issue of legally binding commitments is central to debates ahead of Durban and noted that it is possible to build upon existing UNFCCC processes to strengthen the climate regime and raise the overall level of ambition to reach the target. UNEP indicated that "While a number of studies have demonstrated that the level of climate mitigation pledged to date is insufficient to limit temperature increases to 2 degrees Celsius, this paper clearly demonstrates that there are a range of good ideas and options available that could help correct the course and move toward a safer and more stable climate." The report breaks down proposals into five key issues that have been major points of debate:

1. Options under the UNFCCC to Increase Ambition: Within the UNFCCC, new approaches could involve reducing the emissions of additional greenhouse gases, including additional sectors, and strengthening accounting rules for emissions and emission reductions. Utilizing tools within the UNFCCC can be beneficial because they minimize duplication and implementation costs while facilitating trust-building. However, other complementary options should also be considered.
2. Options outside the UNFCCC to Increase Ambition: Beyond the UNFCCC process, approaches include multilateral, plurilateral, bilateral and domestic strategies. These approaches offer prospects to mobilize actors around shared interests like development, trade, human rights, energy or food security. While these new strategies can generate greater ambition, one disadvantage of following approaches outside the UNFCCC is a risk of undermining existing processes and creating inefficiencies.
3. Means for Sharing the Mitigation Effort Under the UNFCCC: Various proposals could be used to allocate responsibility to bridge the gap between the current level of effort and scientific recommendations. Possible approaches include dividing mitigation efforts based on countries' capacity or based on countries' contribution to the problem. Setting a global carbon budget would help ensure that the climate regime meets the adequacy standard, but it could be difficult to implement new allocations for emission obligations.
4. The Role of Various Actors in Tracking Country Performance on Mitigation: Harmonized global accounting, reporting and verification standards are fundamental to progress. Two options are to use tools within the UNFCCC or outside the UNFCCC. Both options are discussed in detail.
5. The Legal Form of a Future Climate Agreement: The issue of legally binding commitments is central to the debates ahead of Durban. The paper presents multiple options for climate negotiators: to proceed without new, legally-binding commitments; to commit to achieving new legally-binding commitments immediately; or to strengthen the components of legal character over time to achieve new, legally-binding commitments as soon as possible.

    Access a release from the UN (click here). Access a more detailed release from UNEP (click here). Access a release from WRI with links to the complete report, background and related information (click here). Access the UNFCCC website for more information and details on the upcoming COP17/CMP7 meeting (click here). [#Climate]

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EPA Proposes Options For NPDES CAFO Reporting Rule

Oct 21: U.S. EPA has issued a proposed rule options [76 FR 65431-65458] regarding National Pollutant Discharge Elimination System (NPDES) permits and the Reporting Rule for Concentrated Animal Feeding Operation (CAFO). EPA co-proposes two options for obtaining basic information from CAFOs to support EPA in meeting its water quality protection responsibilities under the Clean Water Act (CWA). EPA indicates that the purpose of the co-proposal is to improve and restore water quality by collecting facility-specific information that would improve EPA's ability to effectively implement the NPDES program and to ensure that CAFOs are complying with the requirements of the CWA.

 

    Comments on the proposed action must be received on or before December 20, 2011. EPA plans to hold two Webinars in November, 2011 to provide an overview of, and answer questions about, the proposed rule requirements. The webcasts are scheduled for November 9 and 17, 2011, from 1:00-2:30 PM Eastern time. The webcasts are intended open for registration at this time (see link below).

 

    EPA co-proposes two options by which the Agency may achieve today's rule objectives: Option 1 would apply to all CAFOs; Option 2 would identify focus watersheds where CAFO discharges may be causing water quality concerns and EPA could use its section 308 authority to obtain information from CAFOs in these areas. EPA indicates that it recognizes that there may be other ways to achieve this objective, and the Agency solicits comment on alternative approaches to meet the objectives of the proposed rule. Such alternative approaches may require rulemaking. EPA would consider any such suggested alternative approaches in developing the final rule. EPA describes three such alternative approaches and seeks public comment on those approaches.

 

    EPA is proposing the rues in response to a settlement agreement with environmental groups that commits EPA to propose, by October 14, 2011, a rule under section 308 of the CWA, to require all owners or operators of CAFOs, whether or not they have NPDES permits, to submit certain information to EPA. EPA committed to take final action on the rule by July 13, 2012.

 

    In 2008, EPA issued revised regulations in response to the Waterkeeper decision [i.e. February 2005, U.S. Court of Appeals for the Second Circuit decision in Waterkeeper Alliance et al. v. EPA, 399 F.3d 486 (2d Cir. 2005)] Among other changes, the revised regulations required only those CAFOs that discharge or propose to discharge to obtain an NPDES permit. Subsequently, environmental groups and industry filed petitions for review of the 2008 rule, which were consolidated in the U.S. Court of Appeals for the Fifth Circuit. EPA signed a settlement agreement with the environmental petitioners in which EPA committed to propose a rule, pursuant to CWA section 308, that would require CAFOs to provide certain information to EPA. The settlement agreement provides the context and timeline for this proposed rulemaking.

 

    On March 15, 2011, the Fifth Circuit Court of Appeals vacated the requirement in EPA's 2008 CAFO rule that CAFOs that "propose" to discharge obtain NPDES permits and held that CAFOs are not liable under the CWA for failing to apply for NPDES permits. Nat'l Pork Producers Council (NPPC) v. EPA, 635 F.3d 738 (5th Cir. 2011). The Fifth Circuit held that there must be an "actual discharge to trigger the CWA requirement to obtain a permit." [See WIMS 3/16/11].

       

    Access the FR announcement for complete details and commenting instructions (click here). Access registration details for the webinars (click here). Access a fact sheet on the proposal (click here). Access a Q&A document (click here). Access EPA's CAFO Rulemaking website for complete background (click here). Access EPA's docket for this action with additional background and to review and submit comments (click here). [#Water, #Agriculture/CAFO]

 

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EPA Schedule For WWTP Standards For Natural Gas Wastewater

Oct 20: EPA Administrator Lisa Jackson issued a statement saying, "The president has made clear that natural gas has a central role to play in our energy economy. That is why we are taking steps -- in coordination with our federal partners and informed by the input of industry experts, states and public health organizations -- to make sure the needs of our energy future are met safely and responsibly. We can protect the health of American families and communities at the same time we ensure access to all of the important resources that make up our energy economy. The American people expect and deserve nothing less."

    EPA said in the statement that recent technology and operational improvements in extracting natural gas resources, particularly shale gas, have increased gas drilling activities across the country. Production from shale formations has grown from a negligible amount just a few years ago to almost 15 percent of total U.S. natural gas production and this share is expected to triple in the coming decades. EPA said, "The sharp rise in domestic production has improved U.S. energy security and created jobs, and as with any resource the Administration is committed to ensuring that we continue to leverage these resources safely and responsibly, including understanding any potential impact on water resources."

    Re: Shale Gas Standards - Currently, wastewater associated with shale gas extraction is prohibited from being directly discharged to waterways and other waters of the U.S. While some of the wastewater from shale gas extraction is reused or re-injected, a significant amount still requires disposal. As a result, some shale gas wastewater is transported to treatment plants (i.e. wastewater treatment plants, WWTP), many of which are not properly equipped to treat this type of wastewater. EPA will consider standards based on demonstrated, economically achievable technologies, for shale gas wastewater that must be met before going to a treatment facility.

    Re: Coalbed Methane Standards - Wastewater associated with coalbed methane extraction is not currently subject to national standards for being directly discharged into waterways and for pre-treatment standards. Its regulation is left to individual states. For coalbed methane, EPA will be considering uniform national standards based on economically achievable technologies.

    Information reviewed by EPA, including state supplied wastewater sampling data, have documented elevated levels of pollutants entering surface waters as a result of inadequate treatment at facilities. To ensure that these wastewaters receive proper treatment and can be properly handled by treatment plants, EPA will gather data, consult with stakeholders, including ongoing consultation with industry, and solicit public comment on a proposed rule for coalbed methane in 2013 and a proposed rule for shale gas in 2014.

    EPA said the schedule for coalbed methane is shorter because EPA has already gathered extensive data and information on coalbed methane. EPA will take the additional time to gather comparable data on shale gas. In particular, EPA will be looking at the potential for cost-effective steps for pretreatment of this wastewater based on practices and technologies that are already available and being deployed or tested by industry to reduce pollutants in these discharges.

    EPA said the announcement is part of the effluent guidelines program, which sets national standards for industrial wastewater discharges based on best available technologies that are economically achievable. EPA is required to publish a biennial outline of all industrial wastewater discharge rulemakings underway. EPA has issued national technology-based regulations for 57 industries since 1972. These regulations have prevented the discharge of more than 1.2 billion pounds of toxic pollutants each year into US waters. EPA publishes an Effluent Guidelines Program Plan (Plan) every other year. The Plan is required by Section 304(m) of the Clean Water Act. EPA last published a Plan in 2008. EPA published a preliminary 2010 Plan for public comment on December 28, 2009, and is now publishing the final "2010 Plan" (October 20, 2011).  

    Access the announcement from EPA (click here). Access extensive background information and document related to the Final 2010 Effluent Guidelines Program Plan, including a prepublication copy of the Federal Register notice, fact sheet, supporting documents and more (click here). [#Water, #Energy/NatGas]

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