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eNewsUSA... Friday, July 1, 2011

2011-07-01T16:27:00.001-04:00

Note: This is the complete issue of eNewsUSA for the day posted; but, it does not contain the links that regular subscribers receive in their daily issue. During this promotion -- THIS IS THE LAST DAY -- you can review the complete issue each day on this blog; however, to get the links and continue to receive eNewsUSA on a daily basis you must subscribe @ $239/year http://bit.ly/l6t0MB; or, sign up for a free 30-day trial -- http://bit.ly/jJ3Sga.

In This Issue

-- NATIONAL/INTERNATIONAL NEWS --
Three Pesticides Added To International Rotterdam Convention PIC
Alaska Governor Unveils Plan To Tap State's Oil & Gas Reserves
Senate Hearing On Proposed Transport & Utility MACT Rules
Senate Hearing On Gulf Spill Natural Resource Damage Assessment
Report From Blue Ribbon Panel On Geothermal Energy
United States v. Mancuso

National / International News

Three Pesticides Added To International Rotterdam Convention PIC - Jun 27: Parties to a global treaty supporting information exchange in international trade of hazardous chemicals have acted to strengthen protection of human health and the environment by expanding the exchange of critical safety information between exporting and importing States. Agreement was reached on Friday, 24 June 2011, at the conclusion of a week-long meeting held in Geneva [See WIMS 6/20/11]. The fifth meeting of the Conference of the Parties (COP5) to the Rotterdam Convention on the Prior Informed Consent (PIC) Procedure for Certain Hazardous Chemicals and Pesticides in International Trade agreed by consensus to add three pesticides, alachlor, aldicarb and endosulfan, to Annex III of the Convention. Listing in Annex III triggers an exchange of information between Parties and helps countries make informed decisions about future import and use of the chemicals. The U.S. signed the Convention in 1998, but has never ratified the Rotterdam Convention.

Achim Steiner, UN Under-Secretary General and UNEP Executive Director said, "The agreement on listing endosulfan coupled with decisions to strengthen technical assistance and synergies taken by the Parties to the Rotterdam Convention demonstrate that increasing cooperation between the Basel, Rotterdam and Stockholm conventions is yielding a rich harvest of benefits to countries by the protection of public health and the environment globally." Parties to the Stockholm Convention on Persistent Organic Pollutants (POPs) agreed earlier this year to eliminate endosulfan from production and use globally.

The decisions to list three chemicals were among 12 separate decisions adopted at the conference aimed at strengthening the globe's first line of defense for chemical safety. Amendments to the Convention bringing the three new chemicals under the Prior Informed Consent procedure will enter into force on October 24, 2011. This will raise the number of chemicals covered under the Convention to forty-three. Jim Willis, Executive Secretary said, "The addition of these three chemicals marks the second time since the Convention entered into force that Parties have expanded the Convention's list of substances covered by the Prior Informed Consent procedure. This gives countries that are considering importing hazardous chemicals the right-to-know about the risks they carry and how they can protect public health and the environment, as well as the means to protect against unwanted imports."

The conference agreed to include endosulfan as a pesticide in Annex III to the Convention as recommended by the Chemical Review Committee, a scientific expert body, at its second and sixth meetings. This marked a breakthrough, as past conferences had been unable to agree on inclusion of the pesticide in Annex III. Countries will now be provided with risk information allowing them to make informed decisions on importation of the hazardous chemical. The pesticides alachlor and aldicarb were recommended by the Chemical Review Committee at its fourth meeting. Agreement to list a fourth chemical, chrysotile asbestos, eluded the conference for the third time since it was first recommended for listing by the treaty's Chemical Review Committee in 2002. Debate over the recommended listing of chrysotile asbestos drew widespread public attention throughout a week of sometimes tense negotiations between the Convention's parties.

Peter Kenmore, Executive Secretary, Food and Agriculture Organization (FAO) said, "The robust participation of developing countries and countries with economies in transition in the work of the Rotterdam Convention has been on display this past week, as they increasingly are taking over the responsibility to assess the risk attached to hazardous chemicals and severely hazardous pesticide formulations. The failure to find consensus on one substance does not diminish this achievement." Over 500 participants, representing more than 135 governmental, intergovernmental and non-governmental organizations attended the fifth meeting of Conference of the Parties to the Rotterdam Convention.

Access a release on the COP5 meeting (click here). Access the documents for the COP5 meeting (click here). Access complete background and details on the Rotterdam Convention website (click here). [*Toxics, *Haz]

Alaska Governor Unveils Plan To Tap State's Oil & Gas Reserves - Jun 30: At a press conference in Washington, DC, hosted by the U.S. Chamber of Commerce, Institute for 21st Century Energy Alaska's Governor Sean Parnell and Natural Resources Commissioner Dan Sullivan met with national reporters to share the State's plan to offer additional lands and offshore waters for oil and gas exploration. The briefing with national media is part of the Parnell Administration's wide-ranging efforts to generate national awareness and support for the State's goal to boost the flow of oil through the Trans Alaska Pipeline System (TAPS) to 1 million barrels of oil within a decade. Some of the known oil and gas plays on State land straddle highly prospective Federal lands, including the National Petroleum Reserve-Alaska (NPR-A) and the 1002 Area of the Arctic National Wildlife Refuge (ANWR). According to a release from the Governor, by drilling on State land and waters adjacent to NPR-A and ANWR, developers may end up drawing untapped oil that lies beneath these federal lands.

The Governor said, "By reaching this goal we will strengthen Alaska's contribution to U.S. energy security and we will create tens of thousands of new jobs and billions of dollars in payroll." President Obama recently announced that he will release 30 million barrels of oil in the coming month from the nation's Strategic Petroleum Reserve to address supply disruptions from Libya [See WIMS 6/23/11]. The Governor said, "Releasing 30 million barrels of oil from the Strategic Petroleum Reserve is bad policy. This decision only provides the nation with 30 days of additional oil supply. It will have no long term impact. The real Strategic Petroleum Reserve is Alaska, which has the potential to provide more than 30 billion barrels of oil over three decades. Developing Alaska's vast hydrocarbon resources will supply the nation with billions of barrels of domestic crude. It will provide tens of thousands of high paying jobs and it will generate hundreds of billions of dollars in revenue for the federal government. The right policy call for the nation is to develop Alaska's resources."

Parnell also described his actions in recent months to reach out to President Obama, members of Congress and other U.S. governors to encourage broad cooperation on boosting energy production from all states. Commissioner Sullivan laid out for reporters the State's plan to boost development on its land and in State waters. The release indicates that he also discussed the stringent environmental protection measures in place that protect the sensitive tundra and the North Slope's wildlife populations.

According to Sullivan, "For nearly 35 years, Alaska has been one of the most critical sources of domestic energy for American citizens, via the 800-mile trans-Alaska pipeline [Trans-Alaska Pipeline System (TAPS)]. More than 15 billion barrels of oil from Alaska's North Slope have been produced for the Lower 48 since TAPS' creation. We are laying out a plan to enhance America's energy security by aggressively marketing additional state lands for development."

The release indicates that, the Central North Slope undeveloped acreage, much of which will be available for lease in the upcoming lease sale, still holds 3 to 6 billion barrels of oil and 24 to 45 trillion cubic feet of natural gas, according to Federal estimates of the region's undiscovered, technically-recoverable resources. The undiscovered resources on State land include dozens of pools of conventional oil that range in size from 50 to 150 million barrels, tens of billions of barrels of heavy and viscous oil, and potentially enormous shale oil deposits. These estimates do not include the more than 5 billion barrels of conventional oil reserves that lie under producing fields or fields that are close to being placed into production.

Karen Harbert, president and CEO of the Chamber's Institute for 21st Century Energy said, "I applaud Governor Parnell and Commissioner Sullivan for stepping up to the plate to help deliver American energy that we so clearly need. Alaska is acting to address our supply problems because the federal government has not. I hope that policymakers in Washington will take notice of the example set by Alaska's leaders by allowing more access to our oil and gas resources which will create jobs and improve our energy security."

Access a release from the Governor's Office and link to articles with further details (click here). [*Energy/OilGas]

Senate Hearing On Proposed Transport & Utility MACT Rules - Jun 30: The Senate Environment and Pubic Works (EPW) Committee, Subcommittee on Clean Air and Nuclear Safety, Chaired by Senator Thomas R. Carper (D-DE), with Ranking Member John Barrasso (R-WY), held a hearing entitled, "Oversight: Review of EPA Regulations Replacing the Clean Air Interstate Rule (CAIR) and the Clean Air Mercury Rule (CAMR)." Witnesses included Gina McCarthy, Assistant Administrator, Office of Air and Radiation U.S. EPA; and representatives of the: Department of Natural Resources and Environmental Control for the State of Delaware; Texas Commission on Environmental Quality; Analysis Group, Inc.; Tri-State Generation and Transmission Association, Inc.; and University at Albany.

Chairman Carper, former Governor of Delaware in the 1990s and a dedicated legislator on air quality issues, said, "Today, we discuss two new clean air regulations the Clean Air Transport Rule and the Utility Air Toxics Rule [i.e. proposed Transport and Utility MACT rules]. These regulations target our largest emitters of many known toxics that cause cancer, brain defects and respiratory stress - fossil-fuel fired power plants. These toxic pollutants know no state boundary and send thousands of our children to the hospital everyday and contribute to shorter life spans for thousands every year. Just one of these -- the air toxics regulation -- we could see $13 in benefits for every $1 we spend in compliance. Again getting greater health care results for less money. And as we will hear today, these regulations are long overdue, addressing pollution that should have been cleaned up decades ago. We will also hear today that we have the technology to meet these new standards, and many states, like Delaware, have successfully implemented similar measures."

Full Committee Ranking Member James Inhofe (R-OK) said in an opening statement, ". . .here we sit, debating EPA's replacement regulations that are onerous and complex and vulnerable to the same lawsuits that stymied previous attempts to reduce emissions of sulfur dioxide, nitrogen oxides and mercury. Most alarming is the effect the rules will have on our economy. Messy court rulings and bureaucratic overreach have produced regulations that will harm the economy. As the National Economic Research Associates (NERA) recently pointed out, these rules will likely result in electricity costs increasing by as much as 23 percent and 1.4 million lost jobs by 2020. Not a recipe for economic recovery. . . Of course, there are ways to reduce emissions and help keep electricity rates low. Perhaps the biggest one would be to update the Clean Air Act to stop the EPA 'train wreck.' Reducing emissions doesn't have to be this costly the Obama EPA just wants it to be. Recall President Obama's pledge: 'under my planelectricity rates will necessarily skyrocket.'"

EPA testified, "Effective technologies for controlling SO2, NOx and mercury emissions from power plants have been available for years, yet a substantial portion of the coal fleet lacks advanced controls for NOx, SO2, or mercury.1 Although SO2 scrubbers have been available for more than 35 years, well over a third of the coal capacity has yet to apply SO2 scrubbers.2 Many of these uncontrolled units are small and were built before the Clean Air Act was enacted. . . Elements of the power industry sought for many years to delay the congressional mandate to control toxic air pollution. Meanwhile, more than 50 other industries have complied with federal standards for toxic air emissions. Municipal waste combustors and medical waste incinerators, which were the other two largest sources of mercury, have reduced their emissions by more than 95 percent since 1990. It is time to level the playing field and reduce the public health threat.

"Electric power plants today are the country's largest source of SO2 and of mercury, and the largest stationary source of NOx. These plants cause smog and fine particle pollution, acid rain, and exposure to mercury and other toxic pollutants, which contribute significantly to a wide variety of public health and environmental problems. . . To replace these two overturned rules, and, more importantly, to achieve reductions that are long overdue, we will soon be issuing the Clean Air Transport Rule and are on schedule to finalize the Mercury and Air Toxics Standards in November. We are not pursuing these rules just because the Clean Air Act requires it or because the Court told us to do so. We are pursuing these rules because they will dramatically improve public health, they are affordable, and they are technologically achievable. . ."

Access the hearing website for links to all testimony, statements and a webcast (click here). [*Air]

Senate Hearing On Gulf Spill Natural Resource Damage Assessment - Jun 28: The Senate Environment and Pubic Works (EPW) Committee, Subcommittee on Water and Wildlife, Chaired by Senator Benjamin Cardin (D-MD), with Ranking Member Jeff Sessions (R-AL), held a hearing entitled, "Status of the Deepwater Horizon Natural Resource Damage Assessment." Witnesses included representatives from the: Southeast Region of U.S. Fish and Wildlife Service; Assessment and Restoration Division, Office of Response and Restoration NOAA; National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling; Marine and Environmental Initiatives at Florida Atlantic University; National Aquarium Conservation Center; Coastal Protection and Restoration Authority; and Chairman of the Executive Committee of the NRDA Trustee Council Legal Advisor to the Governor of Alabama.

NOAA testified on its several critical roles mandated by the Oil Pollution Act (OPA) of 1990 (33 U.S.C. 2701 et seq.), one of which is as a natural resource trustee. As a trustee, NOAA, along with co-trustees, is charged with conducting a Natural Resource Damage Assessment (NRDA) to assess and restore natural resources injured by an oil spill. The NRDA process is a legal process that is resolved through a claim for restoration submitted to the courts. The essence of the process is to determine the type and amount of restoration needed to compensate the public for harm or injury to the collective natural resources that occur as a result of an oil spill. Inherent in the process is the need to assess the injuries to natural resources that are caused by the oil spill itself, as well as those caused by actions carried out as part of the oil spill response.

The Deepwater Horizon NRDA focuses on assessing the injuries to all ecosystem resources from the deep ocean to the coastlines of the Gulf of Mexico. Information continues to be collected to assess potential impacts to fish, shellfish, terrestrial and marine mammals, turtles, birds, and other sensitive resources, as well as their habitats, including wetlands, beaches, mudflats, bottom sediments, corals, and the water column. Lost human uses of these resources, such as recreational fishing, hunting, and beach use, are also being assessed. Technical teams consisting of scientists from state and federal agencies, from academic institutions, and from BP have been in the field conducting daily surveys and collecting samples for multiple resources, habitats, and services. To date, several hundred scientists, economists, and restoration specialists have been and continue to be involved in our NRDA activities.

Due to the size of the Deepwater Horizon release and the large potential for injury, NRDA field efforts have far surpassed any other for a single oil release. As of June 9, 2011, the trustees had approved over 115 study plans and collected more than 36,000 water, tissue, sediment, soil, tarball, and oil samples. More than 90 oceanic cruises have been conducted since early May

2010 and many more are scheduled for the summer and fall of 2011. From these sample collection efforts, more than 21,300 laboratory analyses have been completed. Of those, more than 20,400 have been validated through a rigorous quality assurance process. Once these data clear the validation process, they are then made publicly available; a new milestone in NRDA public transparency.

Additionally, Emergency restoration is undertaken during the response phase to minimize or prevent (further) injury to natural

resources. Primary restoration is any action, including natural recovery that returns injured natural resources and services to baseline. Compensatory restoration is any action taken to compensate for interim losses of natural resources and services that occur from the date of the incident until recovery. To date, the trustees and BP have agreed to implement several emergency restoration projects designed to curtail further injury to different resources. In particular, the trustees will implement a project to mend scars created in submerged aquatic vegetation (seagrass) beds caused by response equipment, namely boat props, in Florida. Designated areas in Mississippi Wildlife Management Areas have been flooded to attract migratory birds that otherwise may gather in oil impacted areas. One initiative will collect, store, and propagate plants, and replant damaged shorelines along the Gulf Coast to prevent further injury and erosion. Another project will improve the nesting and rearing success of endangered sea turtles on the Padre Island National Seashore.

The immediate next steps for the Deepwater Horizon NRDA are to: 1) continue with the injury assessment; 2) implement early restoration with public input; and 3) continue broader restoration planning also with public input. A draft Programmatic Environmental Impact Statement will be available for public review and comment in early 2012. This document will identify the range of restoration alternatives that the trustees will consider to compensate the public for lost natural resources and services and lost human use. Concurrently, the trustees are focused on engaging the public to identify early restoration projects and begin the implementation process.

Access the hearing website for links to all testimony, statements and a webcast (click here). Access the NOAA Assessment & Restoration Information website (click here) Access the Restore The Gulf Interagency Federal Response website (click here). [*Energy/OilSpill]

Report From Blue Ribbon Panel On Geothermal Energy - Jul 1: The Department of Energy (DOE), Office of Energy Efficiency and Renewable Energy (EERE) Geothermal Technologies Program assembled a geothermal Blue Ribbon Panel on March 22/23, 2011 in Albuquerque, New Mexico for a guided discussion on the future of geothermal energy in the United States and the role of the DOE Program. The Geothermal Blue Ribbon Panel Report captures the discussions and recommendations of the experts and is now available on the website below. EERE is accepting comments on the report on or before July 29, 2011.

In a Federal Register announcement [76 FR 38648] of the report, EERE indicates that, "The majority of geothermal energy growth occurred prior to 1990. In recent years, the growth of geothermal capacity in the U.S. has lagged that of solar and wind energy. The purpose of the Blue Ribbon Panel meeting was to identify the obstacles to geothermal energy growth, discuss the appropriate role of DOE in enabling geothermal energy, and recommend priority research and development areas. The 15 panelists included experts from the geothermal and oil/gas industries, finance institutions, utilities, universities, and national laboratories.

Access the FR announcement (click here). Access the ... website and link to the complete report (click here). [*Energy/Geo]

United States v. Mancuso - Jun 30: In the U.S. Court of Appeals, Second Circuit, Case No. 10-2420. In this unpublished order appealed from judgments of the United States District Court for the Northern District of New York. The case involves sentencing of two brother who among other convictions, violated the Clean Air Act (CAA) and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) in the conduct of asbestos removal.

The Appeals Court ruled on many issues that were appealed and said, "Upon due consideration, it is hereby ordered, adjudged, and decreed that the judgments of conviction entered as to defendant Steven Mancuso on June 14, 2010; and as to Paul Mancuso on June 14, 2010, and January 10, 2011, are affirmed in part and vacated in part, and the cases are remanded for resentencing consistent with this order. Steven and Paul Mancuso stand convicted by a jury on a common count of conspiracy to defraud the United States, see 18 U.S.C. § 371; to commit mail fraud, see id. § 1341; to violate the Clean Air Act (CAA), see 42 U.S.C. §§ 7412, 7413(c); and to violate the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), see id. § 9603. Paul Mancuso was further convicted of six substantive CAA and CERCLA counts. See 42 U.S.C. §§ 7413(c), 9603(a)-(b). Steven Mancuso, who was sentenced to 44 months in prison."

Both defendants fault the district court for applying a four-level enhancement for permitless disposal of a hazardous substance based on a Clean Water Act permit violation. The Appeals Court said regarding the environmental issues, "Although neither defendant objected to the enhancement below, we are here obliged to identify plain error. Our precedent prohibits application of § 2Q1.2(b)(4) when the environmental offense at issue 'did not 'involve' a permit violation,' even if the conduct contravened a different

statute's permit requirements. United States v. Rubenstein, 403 F.3d at 100-01 (vacating enhancement based on state permit violation when defendant convicted of CAA offense because CAA does not require permit). Thus, the district court here plainly erred by applying the enhancement based solely on a Clean Water Act permit violation because the relevant CAA and CERCLA offenses did not involve permits. . ."

Access the complete order with more details (click here). [*Air, *Remed, *Toxics, CA2]

Federal Register Highlights

The following is a summary from our Daily REGTrak Bulletin* for:
Friday, July 1, 2011.

Federal Register

Vol. 76, Issue 127

There are 8 announcements in this issue -- GET THE LINKS! (click here)

1. AIR - FR. EPA. Review of New Sources and Modifications in Indian Country PDF | Text |

2. AIR - PR/Comment Extension. EPA. National Emission Standards for Hazardous Air Pollutants: Secondary Lead Smelting; Extension of Comment Period PDF | Text |

3. AIR - PR/Comment Extension. EPA. Proposed National Emission Standards for Hazardous Air Pollutants From Coal- and Oil-Fired Electric Utility Steam Generating Units and Standards of Performance for Fossil-Fuel-Fired Electric Utility,
Industrial-Commercial-Institutional, and Small Industrial-Commercial-Institutional Steam Generating Units; Extension of Comment Period PDF | Text |

4. AIR, TOXICS - ND. EPA. Draft Integrated Science Assessment for Lead PDF | Text |

5. ENERGY, AIR, TRANSPORT - ICR. EPA. Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; Fuels and Fuel Additives: Detergent Gasoline (Renewal) PDF | Text |

6. ENERGY/Hydro - ND. DOE. Availability of the Geothermal Technologies Program Blue Ribbon Panel Report and Request for Public Comment PDF | Text |

7. ENERGY/Wind - NM. DOI/Fish and Wildlife Service. Wind Turbine Guidelines Advisory Committee; Announcement of Public Meeting and Webcast PDF | Text |

8. WILDLIFE - FR/ND. DOI/Fish and Wildlife Service. Endangered and Threatened Wildlife and Plants; Revised Recovery Plan for the Northern Spotted Owl (Strix occidentalis caurina)

__________________________________

ANPR - Advance Notice of Proposed Rulemaking; FR - Final Rule; FRD - Direct final rule; FRI - Interim final rule; ICR - Information Collection Request; ND - Notice of data, information, reports, etc. availability; NF - Notice of Funding Opportunity; NM - Notice of Meeting; NS - Notice of administrative/court settlement; PR - Proposed Rule; ROD - Record of decision

*If you need further information on the above announcements you may want to subscribe to our REGTrak service. Subscribers receive a complete Federal Register summary of nationally applicable environmental announcements, contact information and direct links to the full-text of each announcement (pdf & html) before 8 AM each day for $139 per year (click here). You can also access our Federal Regulatory website and follow the links from there (click here).

Article Coding: [Air] = Air; [All] = Cross-Media, ecosystems; [Climate] Climate Change; [Drink] = Drinking Water; [Energy] = Energy; [GLakes] = Great Lakes; [Haz] = Hazardous Waste; [Land] = Land Use, Forests; [P2] Pollution Prevention, Sustainability; [Remed] = Remediation, Brownfields; [Tanks] = AST, UST; [Toxics] =Toxics, Pesticides; [Transport] = Transportation; [Solid Waste]; [Water] = Water; [Wildlife] = Wildlife, Endangered Species.

eNewsUSA... Thursday, June 30, 2011

2011-06-30T15:42:00.001-04:00

Note: This is the complete issue of eNewsUSA for the day posted; but, it does not contain the links that regular subscribers receive in their daily issue. During this promotion -- JUST ONE DAY LEFT -- you can review the complete issue each day on this blog; however, to get the links and continue to receive eNewsUSA on a daily basis you must subscribe @ $239/year http://bit.ly/l6t0MB; or, sign up for a free 30-day trial -- http://bit.ly/jJ3Sga.

In This Issue

-- NATIONAL/INTERNATIONAL NEWS --
NOAA Release 2010 State Of The Climate Report
Sen. Committee Approves 3-Year Extension Of CFATS Program
GAO Reports On 3,000 Water Quality "Stimulus" Projects
GAO Reports On 15,000 Transportation "Stimulus" Projects
USGS Significantly Expands Estimate Of Cook Inlet Gas Reserves

$4.5 Billion Loan Guarantees For 3 California Solar Projects
NRDC Releases 21st Annual Beachwater Quality Report
NRDC v. South Coast Air Quality Management District
Re: MDL-1824 Tri-State Water Rights Litigation

National / International News

NOAA Release 2010 State Of The Climate Report - Jun 27: Worldwide, 2010 was one of the two warmest years on record according to the 2010 State of the Climate report, which was release by the National Oceanic and Atmospheric Administration
(NOAA). The peer-reviewed report, issued in coordination with the American Meteorological Society, was compiled by 368 scientists from 45 countries. It provides a detailed, yearly update on global climate indicators, notable climate events and other climate information from every continent.

This year's report tracks 41 climate indicators -- four more than last year -- including temperature of the lower and upper atmosphere, precipitation, greenhouse gases, humidity, cloud cover, ocean temperature and salinity, sea ice, glaciers, and snow cover. Each indicator includes thousands of measurements from multiple independent datasets that allow scientists to identify overall trends. While several well-known cyclical weather patterns had a significant influence on weather and climate events throughout the year, the comprehensive analysis of indicators shows a continuation of the long-term trends scientists have seen over the last 50 years, consistent with global climate change.

Thomas Karl, L.H.D, director of NOAA's National Climatic Data Center in Asheville, NC said, We're continuing to closely track these indicators because it is quite clear that the climate of the past cannot be assumed to represent the climate of the future. These indicators are vital for understanding and making reliable projections of future climate." Last year was marked by important climate oscillations like the El Niño-Southern Oscillation and the Arctic Oscillation, which affected regional climates and contributed to many of the world's significant weather events in 2010. Highlights of some of the climate indicators include:

Temperature: Three major independent datasets show 2010 as one of the two warmest years since official record-keeping began in the late 19th century. Annual average temperatures in the Arctic continued to rise at about twice the rate of the lower latitudes.
Sea Ice & Glaciers: Arctic sea ice shrank to the third smallest area on record, and the Greenland ice sheet melted at the highest rate since at least 1958. The Greenland ice sheet melt area was approximately 8 percent more than the previous record set in 2007. Alpine glaciers shrank for the 20th consecutive year. Meanwhile, average sea ice extent in the Antarctic grew to an all-time record maximum in 2010.
Sea Surface Temperature and Sea Level: Even with a moderate-to-strong La Niña in place during the latter half of the year, which is associated with cooler equatorial waters in the tropical Pacific, the 2010 average global sea surface temperature was third warmest on record and sea level continued to rise.
Ocean Salinity: Oceans were saltier than average in areas of high evaporation and fresher than average in areas of high precipitation, suggesting that the water cycle is intensifying.
Greenhouse Gases: Major greenhouse gas concentrations continued to rise. Carbon dioxide increased by 2.60 ppm, which is more than the average annual increase seen from 1980-2010.

NOAA indicated that several major cyclical weather patterns played a key role in weather and climate in 2010:

El Niño-Southern Oscillation: A strong warm El Niño climate pattern at the beginning of 2010 transitioned to a cool La Niña by July, contributing to some unusual weather patterns around the world and impacting global regions in different ways. Tropical cyclone activity was below normal in nearly all basins around the globe, especially in much of the Pacific Ocean. The Atlantic basin was the exception, with near-record high North Atlantic basin hurricane activity. Heavy rains led to a record wet spring (September November) in Australia, ending a decade-long drought.
Arctic Oscillation: In its negative phase for most of 2010, the Arctic Oscillation affected large parts of the Northern Hemisphere causing frigid arctic air to plunge southward and warm air to surge northward. Canada had its warmest year on record while Britain had its coldest winter at the beginning of the year and coldest December at the end of the year. The Arctic Oscillation reached its most negative value in February, the same month several cities along the U.S. East Coast had their snowiest months ever.
Southern Annular Mode: An atmospheric pattern related to the strength and persistence of the storm track circling the Southern Hemisphere and the Antarctic led to an all-time maximum in 2010 of average sea ice volume in the Antarctic.

Access a release from NOAA (click here). Access the full report, previous reports, and a highlights document (click here). [*Climate]

Sen. Committee Approves 3-Year Extension Of CFATS Program - Jun 29: S.473, the "Continuing Chemical Facility Anti-Terrorism Standards Security Act of 2011, to extend the Federal law governing security at America's chemical facilities for three years was reported out of the Senate Homeland Security and Governmental Affairs Committee. Ranking Member Susan Collins (R-ME), and Senators Mary Landrieu (D- LA), Rob Portman (R-OH), and Mark Pryor (D-AR), cosponsored the bill to extend the Department of Homeland Security program requiring high-risk chemical facilities to comply with Federal security standards. The Chemical Facility Anti-Terrorism Standards program (CFATS) sets 18 risk-based performance standards that high-risk chemical facilities must meet. The security standards cover a range of vulnerabilities, such as perimeter security, access control, theft, internal sabotage, and cyber security.

    According to a release from Committee Republicans, this risk-based approach has made the owners and operators of chemical plants partners with the federal government in implementing a successful, collaborative security program. This landmark law has been in place for over four years and security at our nation's chemical facilities is much stronger today as a result.

    Senator Collins said, "Simply put, the program works and should be extended and I am pleased the committee agreed. Chemical facilities are tempting targets for terrorists. The Department of Homeland Security has done a good job developing a comprehensive chemical security program. It has yielded a successful collaborative, risk-based security framework -- providing a model for other security-related programs. The roles under the law are clear: the Federal government sets requirements but recognizes that owners and operators of facilities are in the best position to design appropriate security measures to meet those requirements for their facilities." Senator Pryor said, "Chemical facilities understand they are a ripe target for terrorists, and this program has enabled them to address security vulnerabilities that may exist. This bipartisan legislation lets DHS and chemical plants continue to build on a successful program."

    The bipartisan legislation mirrors the bill unanimously approved by the Homeland Security and Governmental Affairs Committee last summer. In short, the bill includes: a 3-year extension of the current CFATS program; the development of voluntary exercise and training programs to improve collaboration with the private sector and State and local communities under the CFATS program; the creation of a voluntary technical assistance program under the existing CFATS structure that would allow DHS, at the request of the owners/operators of covered chemical facilities, to provide recommendations or assistance to covered facilities to aid in compliance with the CFATS program or to reduce the risk of consequences of a terrorist attack on the covered facility; and, the creation of a chemical facility best practices clearinghouse and private sector advisory board at DHS to aid in the implementation of CFATs and the voluntary technical assistance program.

CharlesDrevna, president the National Petrochemical & Refiners Association (NPRA), issued a statement of support saying, "Today's bipartisan vote is an important step forward in making the current Chemical Facility Anti-Terrorism Standards program permanent. The current program's risk-based performance standards strengthen our nation's critical infrastructure. We welcome this move to provide America's fuel and petrochemical manufacturers with the regulatory certainty and a stable framework for the future so they can continue working successfully with government agencies to strengthen America's national security."

American Chemistry Council (ACC) President & CEO Cal Dooley issued a statement saying, "We applaud today's bipartisan vote and commend the leadership of Chairman Joe Lieberman, Ranking Member Susan Collins and the members of this committee over the years to establish an effective chemical security regulatory program. The carefully crafted legislation approved today ensures the effort to secure chemical facilities will continue to advance under CFATS and provides the regulatory certainty that is vital to protecting the economic health of the nation."

Access a release from the Committee (click here). Access the Committee business meeting website for statements, a record of the meeting and webcast (click here). Access a release from NPRA (click here). Access a release from ACC (click here). Access legislative details for S.473 (click here). [*Toxics]

GAO Reports On 3,000 Water Quality "Stimulus" Projects - Jun 29: The Government Accountability Office (GAO) released a report entitled, Recovery Act: Funds Supported Many Water Projects, and Federal and State Monitoring Shows Few Compliance Problems (GAO-11-608, June 29, 2011). The stimulus funding provided $4 billion for U.S. EPA Clean Water State Revolving Fund (SRF) and $2 billion for the Agency's Drinking Water SRF. In an introductory letter to Congress, GAO indicates, "In response to the serious economic crisis that began in 2007, Congress enacted the American Recovery and Reinvestment Act of 2009 (Recovery Act, [i.e. the stimulus bill]). Among other things, the purposes of the Recovery Act were to preserve and create jobs, promote national economic recovery, and provide long-term economic benefits through infrastructure investments, including water infrastructure."

GAO reports that the 50 states have awarded and obligated the almost $6 billion in Clean Water and Drinking Water SRF program funds provided under the Recovery Act, and EPA indicated that all 50 states met the act's requirement to award funds to projects under contract 1 year after the act's passage. States used the funds to support more than 3,000 water quality projects, and according to EPA data, the majority of the funds were used for sewage treatment infrastructure and drinking water treatment and distribution systems. Since the act was passed, states have drawn down almost 80 percent of the SRF program funds provided under the act.

According to EPA data, states met the act's requirements that at least: (1) 20 percent of the funds be used to support "green" projects; and, (2) 50 percent of the funds be provided as additional subsidies. In the nine states GAO reviewed, the act's funds paid for 419 infrastructure projects that helped address major water quality problems, but state officials said in some cases the act's requirements changed their priorities for ranking projects or the projects selected. In addition, although not required by the act, the nine states used about a quarter of the funds they received to pay for projects in economically disadvantaged communities, most in additional subsidies.

EPA, states, and state or private auditors took actions to monitor Recovery Act SRF program funds. For example, EPA officials reviewed all 50 states' Recovery Act SRF programs at least once and found that states were largely complying with the act's requirements. Also, in part as a response to a GAO recommendation, in June 2010 EPA updated -- and is largely following--its oversight plan, which describes monitoring actions for the SRF programs. Furthermore, state officials visited sites to monitor Recovery Act projects, as indicated in the plan, and found few problems. Officials at EPA and in the nine states have also regularly checked the quality of data on the website Recovery.gov and stated that the quality has remained relatively stable, although GAO identified minor inconsistencies in the FTE data that states reported.

Overall, the 50 states reported that the Recovery Act SRF programs funded an increasing number of FTE positions for the quarter ending December 2009 through the quarter ending June 2010, from about 6,000 FTEs to 15,000 FTEs. As projects were completed and funds spent, these FTEs had declined to about 6,000 FTEs for the quarter ending March 2011. Some state officials GAO interviewed identified challenges in implementing the Recovery Act's Clean and Drinking Water SRF requirements for green projects and additional subsidies, both of which were continued with some variation, in the fiscal year 2010 and 2011 appropriations for the SRF programs. Officials in four states said achieving the green-funding goal was difficult, with one suggesting that the 20 percent target be changed. In addition, officials in two of the four states, as well as in two other states, noted that when monies are not repaid into revolving funds to generate future revenue for these funds, the SRF program purpose changes from primarily providing loans for investments in water infrastructure to providing grants.

Access the complete 66-page report (click here). [*Water, *Drink]

GAO Reports On 15,000 Transportation "Stimulus" Projects - Jun 29: The Government Accountability Office (GAO) released a report entitled, Recovery Act: Funding Used for Transportation Infrastructure Projects, But Some Requirements Proved Challenging (GAO-11-600 June 29, 2011).

The report responds to two GAO mandates under the American Recovery and Reinvestment Act of 2009 (Recovery Act, [i.e. the stimulus bill]). It is the latest report on the uses of and accountability for Recovery Act funds in selected states and localities, focusing on the $48.1 billion provided to the Department of Transportation (DOT) to invest in transportation infrastructure. The report also examines the quality of recipients' reports about the jobs created and retained with Recovery Act transportation funds. The report addresses: (1) the status, use, and outcomes of Recovery Act transportation funding nationwide and in selected states; (2) actions taken by federal, state, and other agencies to monitor and ensure accountability for those funds; (3) changes in the quality of jobs data reported by Recovery Act recipients of transportation funds over time; and (4) challenges faced and lessons learned from DOT and recipients. GAO analyzed DOT and recipient reported data; reviewed federal legislation, guidance, and reports; reviewed prior work and other studies; and interviewed DOT, state, and local officials.

As of May 31, 2011, nearly $45 billion (about 95 percent) of Recovery Act transportation funds had been obligated for over 15,000 projects nationwide, and more than $28 billion had been expended. Recipients continue to report using Recovery Act funds to improve the nation's transportation infrastructure. Highway funds have been primarily used for pavement improvement projects, and transit funds have been primarily used to upgrade transit facilities and purchase buses. Recovery Act funds have also been used to rehabilitate airport runways and improve Amtrak's infrastructure.

The Recovery Act helped fund transportation jobs, but long-term benefits are unclear. For example, according to recipient reported data, transportation projects supported between approximately 31,460 and 65,110 full-time equivalents (FTE) quarterly from October 2009 through March 2011. Officials reported other benefits, including improved coordination among Federal, state, and local officials. However, the impact of Recovery Act investments in transportation is unknown, and GAO has recommended that DOT determine the data needed to assess the impact of these investments. Federal, state, and local oversight entities continue their efforts to ensure the appropriate use of Recovery Act transportation funds, and recent reviews revealed no major concerns.

GAO indicated that the DOT Inspector General found that DOT generally complied with Recovery Act aviation, highway, and rail program requirements. Similarly, state and local oversight entities' performance reviews and audits generally did not find problems with the use of Recovery Act transportation funds. GAO's analysis of Recovery.gov website data reported by transportation grant recipients showed that the number of FTEs reported, number of recipients filing reports, and portion of recipients reporting any FTEs decreased over the past two reporting quarters as an increasing number of projects approached completion or were awaiting financial closeout. The Federal Highway Administration performs automated checks to help ensure the validity of recipient reported data and observed fewer data quality issues than in previous quarters but does not plan to use the data internally.

GAO said the certain Recovery Act provisions proved challenging. For example, DOT and states faced numerous challenges in implementing the maintenance-of-effort requirement, which required states to maintain their planned level of spending or be ineligible to participate in the August 2011 redistribution of obligation authority under the Federal-Aid Highway Program. In January 2011, DOT reported that 29 states met the requirement while 21 states did not because of reductions in dedicated revenues for transportation, among other reasons. The economically distressed area provision also proved difficult to implement because of changing economic conditions.

With regard to the high speed intercity passenger rail and Transportation Investment Generating Economic Recovery (TIGER) grant programs, GAO found that while DOT generally followed recommended grant-making practices, DOT could have better documented its award decisions. GAO updates the status of agencies' efforts to implement its previous recommendations but is making no new recommendations in this report. DOT officials generally agreed with GAO's findings and provided technical comments, which were incorporated as appropriate.

Access the complete 60-page report (click here). [*Transport]

USGS Significantly Expands Estimate Of Cook Inlet Gas Reserves - Jun 28: the U.S. Geological Survey (USGS) reported on a new assessment of the Cook Inlet Region of Alaska and said it contains an estimated mean of 19 trillion cubic feet of natural gas, about 600 million barrels of oil, and 46 million barrels of natural gas liquids. The estimate is of undiscovered, technically recoverable oil and gas resources, and includes both unconventional and conventional resources. USGS said the latest gas estimates are significantly more than its last assessment of southern Alaska in 1995, in which a mean of 2.14 trillion cubic feet of gas was estimated. The increase in the undiscovered resource is attributed to new geologic information and data.

Brenda Pierce, USGS Energy Resources Program Coordinator said, "For the first time, USGS has evaluated unconventional (or continuous) as well as conventional petroleum resources in the Cook Inlet region of Alaska. The USGS conducts assessments to evaluate the Nation's petroleum potential, especially as new data and information become available in order to understand the resource endowment of the Nation." USGS indicated that since oil and gas production began in the Cook Inlet region in 1958, more than 1.3 billion barrels of oil and 7.8 trillion cubic feet of gas have been produced, yet the new USGS assessment shows that significant undiscovered gas remains.

The USGS assessment of undiscovered gas resources ranges from 4.976 to 39.737 trillion cubic feet (95 percent and 5 percent probability, respectively. Of this total, about 72 percent is estimated to be found in conventional accumulations, 25 percent in coalbed gas accumulations, and 3 percent in tight gas accumulations. The USGS assessment of undiscovered oil resources ranges from 108 to 1,359 million barrels of oil (95 to 5 percent probability, respectively). These resources are all conventional resources; there are no unconventional oil resources assessed in the Cook Inlet region.

USGS is the only provider of publicly available estimates of undiscovered technically recoverable oil and gas resources of onshore lands and offshore state waters. The USGS worked with the Alaska Division of Geological and Geophysical Surveys and the Alaska Division of Oil and Gas to develop a geologic understanding of the Cook Inlet region. The USGS Cook Inlet assessment was undertaken as part of a nationwide project assessing domestic petroleum basins using standardized methodology and protocol.

Access a release from USGS and link to more information about this and other geologic assessments (click here). [*Energy/OilGas]

$4.5 Billion Loan Guarantees For 3 California Solar Projects - Jun 30: U.S. Department of Energy (DOE) Secretary Steven Chu announced offers of conditional commitments for loan guarantees, of approximately $4.5 billion, to support three alternating current Cadmium Telluride (Cd-Te) thin film photovoltaic (PV) solar generation facilities. DOE is offering: (1) a conditional commitment for a $680 million loan guarantee to support the Antelope Valley Solar Ranch 1 project; (2) conditional commitments for partial loan guarantees of $1.88 billion in loans to support the Desert Sunlight project; and, (3) conditional commitments for partial loan guarantees of $1.93 billion in loans to support the Topaz Solar project. First Solar, Inc., with headquarters in Tempe, Arizona, is sponsoring all three projects and will provide Cd-Te thin film solar PV modules for the projects from a new manufacturing plant that has begun construction in Mesa, Arizona, as well as from its recently expanded manufacturing plant in Perrysburg, Ohio, which serves as its primary hub for engineering, research and development. The company expects that the projects will create a combined 1,400 jobs in California during peak construction.

"These projects will bring immediate jobs to California in addition to hundreds more across the supply chain," said Secretary Chu. "Together the projects will power hundreds of thousands of homes with clean, renewable power and increase our global competitiveness in the clean energy economy."

The AV Solar Ranch 1, 230 megawatt (MW) project will be located in the Western Mojave Desert, approximately 80 miles north of Los Angeles. The facility is expected to generate over 622,000 megawatt hours of electricity per year, equivalent to powering over 54,000 homes, and will avoid over 350,000 metric tons of carbon dioxide emissions annually. Power from the Antelope Valley Solar Ranch 1 project will be sold to Pacific Gas & Electric Company.

The Desert Sunlight project, 550 MW, will be located on land managed by the Bureau of Land Management in eastern Riverside County, California. The facility is expected to generate enough electricity to power over 110,000 homes and will avoid over 735,000 metric tons of carbon dioxide annually. Project construction will take place in two phases; Phase I will generate 300MW of power, which will be sold to Pacific Gas & Electric Company, while Phase II will generate 250 MW of power, which will be sold to Southern California Edison.

The Topaz Solar project, 550 MW, will be located in eastern San Luis Obispo County, California. It is anticipated to generate enough electricity to power approximately 110,000 homes and avoid nearly 725,000 metric tons of carbon dioxide emissions annually. The project's power will be sold to Pacific Gas & Electric Company.

Access a release from DOE with more information on the projects and link to details on the DOE loan program (click here). [*Energy/Solar]

NRDC Releases 21st Annual Beachwater Quality Report - Jun 29: The Natural Resources Defense Council (NRDC) released its 21st annual beachwater quality report which indicates that pollution from stormwater runoff and sewage overflows continue to plague America's beaches. NRDC senior attorney Jon Devine said, "America's beaches have long suffered from pollution -- the difference is now we know what to do about it. By making our communities literally greener on land -- we can make the water at the beach cleaner. In the years to come, there's no reason we can't reverse this dirty legacy."

The latest annual report -- Testing the Waters: A Guide to Water Quality at Vacation Beaches -- analyzes government data on beachwater testing results from 2010 at more than 3,000 beach testing locations nationwide. The report confirms that last year, the nation's beachwater continued to suffer from serious contamination -- including oil, and human and animal waste -- and a concerted effort to control future pollution is required. David Beckman, Director of the Water Program at NRDC said, "Clean beachwater is not only good for public health, it supports healthy coastal economies that generate billions of dollars and support millions of American jobs. By taking steps to stop the biggest sources of pollution in the waves, we can help keep trips to beach carefree, and support our lucrative tourism industries nationwide."

The report also provides a 5-star rating guide to 200 of the nation's most popular beaches, evaluating them for water quality and best practices for testing and public notification. For the first time this year NRDC is awarding top performers "Superstar" status. NRDC also highlights the top 10 "Repeat Offender" beaches with persistently poor water quality year after year. Testing the Waters this year also includes a special section dedicated to oil-related beach closures, advisories, and notices in the Gulf of Mexico region since the BP oil spill last year.

According to the report, closing and advisory days at America's beaches spiked to the second-highest level in the 21 years since NRDC began compiling this report at 24,091 days, a 29 percent increase from the previous year. The increase is largely because of heavy rainfall in Hawaii, contamination from unidentified sources in California, and oil washing up in the Gulf of Mexico from the BP disaster. The large majority of closing and advisory days, 70 percent, were issued because testing revealed indicator bacteria levels in the water that exceeded health standards, indicating the presence of human or animal waste. Stormwater runoff was the primary known source of known pollution nationwide, consistent with past years, indicating the problem has not been sufficiently addressed at the national level. Sewage overflows were also a contributor.

Access a lengthy release listing the Superstars and Repeat Offenders and links to the complete report and related information (click here). [*Water/Beaches]

Reese v. BP Exploration (Alaska) Inc. - Jun 29: In the U.S. Court of Appeals, Ninth Circuit, Case No. 10-35128. Appeal from the United States District Court for the Western District of Washington. BP Exploration (Alaska) Inc. (BPXA) appeals the district court's order granting in part and denying in part BPXA's motion to dismiss a securities fraud action filed against it by Claude A. Reese (Reese) on behalf of a class of purchasers of BP p.l.c. shares. On an interlocutory appeal, which was accepted by the Ninth Circuit, BPXA asserts that Reese's surviving claims do not state a claim, warranting dismissal under Federal Rule of Civil Procedure 12(b)(6), because Reese has pled neither an actionable misrepresentation made by or attributable to BPXA nor sufficient evidence of scienter [intent or knowledge of wrongdoing]. Reese, in turn, urges the Appeals Court to affirm the district court on the issues certified for interlocutory appeal and reverse part of the district court's order granting partial dismissal of his claims, or, alternatively, that the Appeals Court vacate the order granting interlocutory appeal.

The Appeals Court ruled, "We hold that BPXA's breach of a contractual promise of specific future conduct, even though the contract is filed in conjunction with U.S. Securities and Exchange Commission (SEC) reporting requirements, was not a sufficient foundation for a securities fraud action. We decline Reese's invitation to review other issues that were not certified for interlocutory appeal. In light of our conclusion that breached contractual obligations do not constitute misrepresentations by BPXA that are actionable under the securities laws, we need not reach the issue of scienter."

The Appeals Court said further, "BPXA's contractual promise to act as a prudent operator did not expressly or implicitly assert that BPXA was in full compliance with its obligations thereunder, and we do not view the public filing of the ORC Agreement as the sort of traditional fraudulent misrepresentation of fact that could induce investors mistakenly to buy securities. We hold that, in this case, the public filing of a contract containing a promise of future compliance did not, upon the contract's breach at a time after execution, provide an actionable misrepresentation for the purposes of a private damages action for securities fraud."

Access the complete opinion (click here). [*Haz, *Water]

NRDC v. South Coast Air Quality Management District - Jun 29: In the U.S. Court of Appeals, Ninth Circuit, Case No. 09-57064. Appeal from the United States District Court for the Central District of California. The Natural Resources Defense Council and other groups (collectively, the NRDC) appeal the district court dismissal of their claims against the South Coast Air Quality Management District (SCAQMD). The case focuses on the SCAQMD new source review permit program included in its Regulation XIII, most of which the U.S. EPA has approved and incorporated into the State Implementation Plan (SIP).

The Appeals Court affirmed the decision of the district court and said, "The district court did not err in determining it lacked jurisdiction over the alleged violations of Clean Air Act § 173(c). Nor did it err in concluding that the NRDC otherwise failed to state a claim upon which relief can be granted: Regulation XIII does not contain validity requirements for SCAQMD's internal offsets, and Environmental Protection Agency (EPA) rules do not require SCAQMD to use a tracking system."

The Appeals Court said further, "The EPA rule approving the SIP does contain a reference to a tracking system in its preamble. . . Yet we are not to consider such references unless the regulation itself is ambiguous. . . There is no ambiguity here. Nothing in the EPA-approved SIP even suggests a tracking system must be applied. The district court thus properly dismissed the NRDC's third and fourth claims for failure to allege a violation of the EPA rule or the SIP."

Access the complete opinion (click here). [*Air, *CA9]

Re: MDL-1824 Tri-State Water Rights Litigation - Jun 28: In the U.S. Court of Appeals, Eleventh Circuit, Case No. 09-14657. Appealed from the United States District Court for the Middle District of Florida. The Georgia Parties, Gwinnett County, Georgia, and the United States Army Corps of Engineers (the Corps) appeal from the Middle District of Florida's grant of summary judgment in this consolidated suit. The appeal arises from more than 20 years of litigation involving the above parties as well as the States of Alabama and Florida, Alabama Power Company, the City of Apalachicola, Florida, and Southeastern Federal Power Customers, Inc. (SeFPC), a consortium of companies that purchase power from the federal government. All of the underlying cases relate to the Corps' authority to operate the Buford Dam and Lake Lanier, the reservoir it created, for local water supply.

In its order, the district court found that the Corps' current operation of the Buford Project -- Buford Dam and Lake Lanier collectively -- had allocated more than 21% of Lake Lanier's storage space to water supply. The court determined that such an allocation exceeded the Corps' statutory authority and ordered the Corps to drastically reduce the quantity of water that it made available for water supply. The court's summary judgment order also affirmed the Corps' rejection of Georgia's 2000 request for additional water supply allocations to meet the needs of the localities through 2030. The court stayed its order for three years to give the parties time to reach a settlement or to approach Congress for additional water supply authority.

The Appeals Court outlines the claims of the various parties and ruled in a multipart decision, ". . .we hold: First, the district court erred in finding that it had jurisdiction to hear Alabama, SeFPC, and Apalachicola because the Corps has not taken final agency action. The three cases therefore must be remanded to the Corps in order to take a final agency action. Second, the district court and the Corps erred in concluding that water supply was not an authorized purpose of the Buford Project under the RHA [the 1946 Rivers and Harbors Act]. The Corps' denial of Georgia's 2000 water-supply request is therefore not entitled to Chevron deference, and the request must be remanded to the Corps for reconsideration. Third, the district court erred in finding that the 1956 Act, which authorized the Corps to contract with Gwinnett County to withdraw 10 million gallons of water per day, expired after 50 years. Gwinnett County's contractual and just-compensation claims are without merit. Fourth, we also provide certain instructions to the Corps on remand. And finally, the Corps shall have one year to make a final determination of its authority to operate the Buford Project under the RHA and WSA [the 1958 Water Supply Act]."

Access the complete 95-page decision (click here). [*Water, *Drink, *CA11]

Federal Register Highlights

The following is a summary from our Daily REGTrak Bulletin* for:
Thursday, June 30, 2011.

Federal Register

Vol. 76, Issue 126

There are 3 announcements in this issue -- GET THE LINKS! (click here)

1. TOXICS - ND. EPA. Draft Toxicological Review of Acrylonitrile: In Support of
Summary Information on the Integrated Risk Information System (IRIS) PDF | Text |

2. WATER - ICR. EPA. Agency Information Collection Activities; Proposed Collection; Comment Request; Water Quality Standards (Renewal) PDF | Text |

3. ENERGY/Efficiency - FR. DOE. Energy Conservation Program: Certification, Compliance, and Enforcement for Consumer Products and Commercial and Industrial Equipment PDF | Text |

__________________________________

eNewsUSA... Wednesday, June 29, 2011

2011-06-29T16:50:00.001-04:00

Note: This is the complete issue of eNewsUSA for the day posted; but, it does not contain the links that regular subscribers receive in their daily issue. During this promotion -- JUST 2 MORE DAYS -- you can review the complete issue each day on this blog; however, to get the links and continue to receive eNewsUSA on a daily basis you must subscribe @ $239/year http://bit.ly/l6t0MB; or, sign up for a free 30-day trial -- http://bit.ly/jJ3Sga.

In This Issue

-- NATIONAL/INTERNATIONAL NEWS --
Supreme Court Agrees To Hear Sackett v. U.S. EPA
DOE Announces Manufacturing Job Training Initiatives
EPA Seeks Small Entity Input On Lead & Copper Rule
Analysis Of Senate TSCA Bill On Global POPs Treaty
Report To Congress On Benefits and Costs Of Federal Regulations
Redevelopment Agency of the City of Stockton v. BNSF Railway Co.
Roth v. Norfalco LLC

National / International News

Supreme Court Agrees To Hear Sackett v. U.S. EPA - Jun 28: The U.S. Supreme Court has agreed to hear the Ninth Circuit case of Sackett v. U.S. EPA (SupCt docket No. 10-1062). The High Court included the specific proviso that the review will be limited to the following questions: (1) May petitioners seek pre-enforcement judicial review of the administrative compliance order pursuant to the Administrative Procedure Act, 5 U. S. C. §704? (2) If not, does petitioners' inability to seek pre-enforcement judicial review of the administrative compliance order violate their rights under the Due Process Clause?

On September 20, 2010, the Ninth Circuit decided the case regarding the determination of whether Federal courts have subject-matter jurisdiction to conduct review of administrative compliance orders issued by the U.S. EPA under the Clean Water Act (CWA) before EPA has filed a lawsuit in Federal court to enforce the compliance order. The Appeals Court said, "We join our sister circuits and hold that the Clean Water Act precludes pre-enforcement judicial review of administrative compliance orders, and that such preclusion does not violate due process."

In making its ruling, the Appeals Court indicated that, ". . .we do not work from a blank slate. Every circuit that has confronted this issue has held that the "CWA impliedly precludes judicial review of compliance orders until the EPA brings an enforcement action in federal district court." The Appeals Court cited cases from the 10th, 6th, 4th, and 7th Circuits and many Districts and said, "The reasoning of these courts is persuasive to us, as well as the broad uniformity of consensus on this issue."

Access the Supreme Court docket (click here). Access the order granting the petition (click here). Access the complete 9th Circuit opinion (click here). [*Water]

DOE Announces Manufacturing Job Training Initiatives - Jun 29: To complement the Obama Administration's launch last week of the Advanced Manufacturing Partnership [See WIMS 6/28/11], U.S. Department of Energy Secretary Steven Chu announced a series of new manufacturing job training partnerships using the Department of Energy's National Training and Education Resource (NTER). DOE will be partnering with the Manufacturing Institute, an affiliate of the National Association of Manufacturers (NAM), the Ford Partnership for Advanced Studies, and Macomb Community College (Warren, MI) to explore opportunities to provide students with highly interactive and engaging materials in a variety of science, technology, engineering and math (STEM) areas, as well as virtual technician training. Partner organizations will be able to access the Federal resources available through the NTER -- an open-source, web-based, interactive learning environment -- and be able to develop new training programs and materials.

Secretary Chu said, "The public-private partnerships we are announcing today will play an important role in educating and training a new generation of U.S. manufacturers. These organizations and others nationwide will be able to leverage the Department's online education platform -- the National Training and Education Resource -- to develop and distribute training materials quickly and cost-effectively." DOE will provide IT tools and technical support to each of the organizations, which will allow them to upgrade their existing curricula and create new immersive learning environments for students and technicians.

NTER is an open-source integration platform that brings together information technologies to support education, training and workforce development. DOE said by providing a central access point for educational resources, the tool will help lower the costs and reduce the time it takes to develop, share, customize and update online learning materials. It also allows instructors to create interactive 3-D scenarios and virtual environments for training that can be customized for a particular lesson or skill. The system also provides a powerful search tool that allows users to find, rate and share courses. It is currently being used to deliver energy efficiency training.

Access a release from DOE (click here). Access more information on NTER (click here). Access more about the National Weatherization Training Portal (click here). [*Energy, *MIEnergy]

EPA Seeks Small Entity Input On Lead & Copper Rule - Jun 28: U.S. EPA is inviting small businesses, governments, and non-profit organizations to participate as Small Entity Representatives (SERs) for a Small Business Advocacy Review (SBAR) Panel. The panel will focus on the Agency's development of a rule that proposes revisions to the lead and copper rule. EPA said its reconsideration of the current rule is based on a national review of the implementation of the lead and copper rule. The review identified several areas of concern about the effectiveness of the existing regulations. The changes under consideration are intended to improve the effectiveness of the measures to safeguard public health to control lead and copper in drinking water.

The Regulatory Flexibility Act requires EPA to establish an SBAR Panel for rules that may have a significant economic impact on a substantial number of small entities. The panel will include Federal representatives from the Small Business Administration, the Office of Management and Budget, and EPA. The panel asks a selected group of SERs to provide advice and recommendations on behalf of their company, community, or organization to inform the panel about the potential impacts of the proposed rule on small entities.

EPA seeks self-nominations directly from the small entities that may be subject to the rule requirements. Other representatives, such as trade associations that exclusively or at least primarily represent potentially regulated small entities, may also serve as SERs. Self-nominations may be submitted through the link below and must be received by July 12, 2011.

Access a release from EPA (click here). Access the online nominations link and additional information (click here). Access more information about the lead and copper rule (click here). [*Drink]

Analysis Of Senate TSCA Bill On Global POPs Treaty - Jun 27: A new Center for International Environmental Law (CIEL) publication -- U.S. Law and the Stockholm POPs Convention: Analysis of treaty-implementing provisions in pending legislation -- indicates that proposed Federal legislation to revamp the outdated Toxic Substances Control Act (TSCA) could pave the way for the United States to join three important international treaties. The report reviews the Safe Chemicals Act (S.847), a bill introduced by Senator Frank Lautenberg (D-NJ) in April of 2011 and its relation to international obligations under these international agreements.

According to a release, if enacted, the Safe Chemicals Act would enable the United States to join the Stockholm Convention on Persistent Organic Pollutants (POPs), the global treaty that aims to eliminate a set of especially dangerous chemicals like dioxins, PCBs, and brominated flame retardants. To date, 174 nations have ratified the Stockholm POPs treaty, but the United States has not, pending necessary changes to TSCA and the Federal pesticides law. Meanwhile the United States is a "nonparty" and an observer, while U.S. allies and trading partners make important decisions. The bill would also allow the U.S. implementation of two other international agreements.

In addition to facilitating United States ratification of these treaties, CIEL said the Safe Chemicals Act provides an opening for the United States to reassert global leadership on POPs and other chemicals of international concern. The Lautenberg bill would also authorize U.S. EPA to identify and take action on other POPs-like chemicals, strengthening our hand in international negotiations to urge action by developed and developing countries alike.

According to Daryl Ditz, Director of CIEL's Chemicals Program, "there is nothing partisan about protecting Americans from these dangerous global pollutants." By joining these treaties, the United States can improve the pace of progress, and help to boost demand for safer alternatives around the world. The chemical industry is on record supporting U.S. ratification of the Stockholm Convention on POPs, yet they have yet to acknowledge this feature of the Senate proposal.

Access a release from CIEL with links to related information (click here). Access the 10-page analysis (click here). Access legislative details for S.847 (click here) [*Toxics]

Report To Congress On Benefits and Costs Of Federal Regulations - Jun 24: In accordance with the Regulatory-Right-to-Know Act, the Office of Management and Budget (OMB) prepared a draft Report to Congress on the Benefits and Costs of Federal Regulations (Report). This is the fourteenth annual Report since OMB began issuing this Report in 1997. The Report summarizes estimates by Federal regulatory agencies of the quantified and monetized benefits and costs of major Federal regulations reviewed by OMB over the last ten years. The principal findings are as follows:

The estimated annual benefits of major Federal regulations reviewed by OMB from October 1, 2000, to September 30, 2010, for which agencies estimated and monetized both benefits and costs, are in the aggregate between $132 billion and $655 billion, while the estimated annual costs are in the aggregate between $44 billion and $62 billion. These ranges reflect uncertainty in the benefits and costs of each rule at the time that it was evaluated.
Some rules are estimated to produce far higher net benefits than others. Moreover, there is substantial variation across agencies in the total net benefits produced by rules. For example, the air pollution rules from the Environmental Protection Agency (EPA) produced 62 to 84 percent of the benefits and 46 to 53 percent of the costs. Most rules have net benefits, but several rules have net costs, typically as a result of statutory requirements.
During fiscal year 2010, executive agencies promulgated 66 major rules.
The independent regulatory agencies, whose regulations are not subject to OMB review under Executive Order 12866, issued 17 major final rules. With the exception of the Nuclear Regulatory Commission's fee recovery rule, all of these rules were issued to regulate the financial sector. The Government Accountability Office (GAO) reported that none of the 17 rules assessed both anticipated benefits and costs. The Federal Reserve System did not assess benefits and costs for its rules. The joint rule between the Federal Reserve System and the Federal Trade Commission assessed only costs. The Securities and Exchange Commission monetized costs for six of its nine rules.

OMB said, "It is important to emphasize that the figures here have significant limitations. When agencies subject to Executive Orders 13563 and 12866 have not quantified or monetized the benefits or costs of regulations, or have not quantified or monetized important variables, it is because of an absence of relevant information. Many rules have benefits or costs that cannot be quantified or monetized in light of existing information, and the aggregate estimates presented here do not capture those non-monetized benefits and costs. In fulfilling their statutory mandates, agencies must often act in the face of substantial uncertainty about the likely consequences. In some cases, quantification of various effects is highly speculative."

Access the complete 172-page report (click here). [*All]

Redevelopment Agency of the City of Stockton v. BNSF Railway Co. - Jun 28: In the U.S. Court of Appeals, Ninth Circuit, Case Nos. 09-16585, 09-16739, & 09-17640. Appealed from the United States District Court for the Eastern District of California. The Appeals Court explains that appellants BNSF Railway Company and Union Pacific Railroad Company (the Railroads) formerly maintained railroad tracks on a parcel of land in Stockton, California, that was contaminated by petroleum. The petroleum was spilled at a nearby industrial site and migrated onto the property via an underground french drain the Railroads had installed in order to remove water from the roadbed. The Appeals Court considered whether the Railroads are liable for the contamination of the property under the law of nuisance or under California's Polanco Redevelopment Act (Polanco Act), Cal. Health & Safety Code § 33459 et. seq. The Appeals Court ruled that the Railroads are not liable.

The Appeals Court said further, "There is no evidence that the Railroads actively or knowingly caused or permitted the contamination as required for nuisance liability and liability under the Polanco Act's Water Code provision. Nor were the Railroads 'owners' of the property under the Polanco Act's CERCLA provision when the contamination occurred. Because the record establishes no genuine issue of material fact as to the Railroads' liability, the Railroads are entitled to summary judgment. Therefore, we need not reach any of the damages issues on appeal or crossappeal. . . We reverse the grant of summary judgment for the Agency on the nuisance and Polanco Act-Water Code provision issues and remand for entry of summary judgment for the Appellants. We affirm the grant of summary judgment to the Appellants on the Polanco Act-CERCLA provision issue. Costs are awarded to the Appellants."

Access the complete opinion (click here). [*Remed, *CA9]

Roth v. Norfalco LLC - Jun 28: In the U.S. Court of Appeals, Third Circuit, Case No. 10-2524. Appealed from the United States District Court for the Middle District of Pennsylvania. In a brief summary the Appeals Court explains, David Roth was attempting to unload a railway tank car filled with sulfuric acid when its chemical contents exploded, spraying Roth across his face and chest and inflicting severe burns. Roth brought suit, seeking damages for his personal injuries under the common law, but the District Court held that his lawsuit was preempted by the Hazardous Materials Transportation Act (HMTA), 49 U.S.C. §§ 51015128. The Appeals Court agreed and affirmed the district court decision.

In further explanation, the Appeals Court says, "the statute and its applicability could not be more clear. Roth seeks to impose a tank car design requirement. Section 5125(b)(1) expressly preempts any common law requirement 'about' the design of a 'package, container, or packaging component . . . qualified for use in transporting hazardous materials in commerce.' Roth concedes that Norfalco's tank cars are containers qualified for use in transporting hazardous materials in commerce. Thus, the HMTA plainly encompasses Roth's common law claims. It is irrelevant what Roth was doing at the precise moment of his injury. This only makes sense, for it cannot be the case that the comprehensive design requirements erected by the HMTA cease to govern simply because the tank car was emptied of its contents days after its delivery. The tank car is, at all times, a container qualified for use in transporting hazardous materials. The proposed design requirement is expressly preempted."

Access the complete opinion (click here). [*Haz, *Transport, *CA3]

Federal Register Highlights

The following is a summary from our Daily REGTrak Bulletin* for:
Wednesday, June 29, 2011.

Federal Register

Vol. 76, Issue 125

There are 11 announcements in this issue -- GET THE LINKS! (click here)

1. TOXICS - FR/Order. EPA. Mevinphos; Data Call-in Order for Pesticide Tolerances PDF | Text |

2. TOXICS - FR. EPA. Propylene Oxide; Pesticide Tolerances PDF | Text |

3. TOXICS - FR. EPA. Cloquintocet-mexyl; Pesticide Tolerances PDF | Text |

4. AIR - FR/CFR Correction. EPA. Standards of Performance for New Stationary Sources PDF | Text |

5. TOXICS - FR. EPA. Diethylene Glycol Mono Butyl Ether; Exemption From the
Requirement of a Tolerance PDF | Text |

6. MI/WATER - ND. EPA. Notice of a Project Waiver of Section 1605 (Buy American Requirement) of the American Recovery and Reinvestment Act of 2009
(ARRA) to the Wayne County Department of Public Services in Wayne
County, MI (Wayne County) PDF | Text |

7. DRINK - NM. EPA. Meeting of the National Drinking Water Advisory Council; Notice of Public Meeting PDF | Text |

8. AIR - ICR. EPA. Agency Information Collection Activities; Proposed Collection; Comment Request; Reporting and Recordkeeping Requirements for Importation of Nonroad Engines and Recreational Vehicles PDF | Text |

9. ALL - ICR. EPA. Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; Cross-Media Electronic Reporting Rule (Renewal) PDF | Text |

10. TOXICS - ICR. EPA. Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; Certification of Pesticide Applicators PDF | Text |

11. WATER, HAZ - ICR. EPA. Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; Implementation of the Oil Pollution Act Facility Response Plan Requirements (Renewal) PDF | Text |

__________________________________

eNewsUSA... Tuesday, June 28, 2011

2011-06-28T20:36:00.001-04:00

Note: This is the complete issue of eNewsUSA for the day posted; but, it does not contain the links that regular subscribers receive in their daily issue. During this promotion -- Just A Few Days Left -- you can review the complete issue each day on this blog; however, to get the links and continue to receive eNewsUSA on a daily basis you must subscribe @ $239/year http://bit.ly/l6t0MB; or, sign up for a free 30-day trial -- http://bit.ly/jJ3Sga.

In This Issue

-- NATIONAL/INTERNATIONAL NEWS --
Rep. Markey Probes Validity Of Natural Gas Reserve Estimates
President Launches Advanced Mfg Partnership & $120 Million Support
EPA Issues Ethanol E10-15 Fuel Pump Labeling Requirements
EPA & Coast Guard Joint Enforcement Of Air Pollution From Vessels
New Initiative Focuses On Short-Haul, Dray Trucks At Nation's Ports
"Tapping Oil Reserves: What Precedent is Obama Setting?"
More On The Future Of Climate Change Lawsuits

National / International News

Rep. Markey Probes Validity Of Natural Gas Reserve Estimates - Jun 27: Representative Ed Markey (D-MA), the Ranking Member of the Natural Resources Committee in a letter to the Securities and Exchange Commission asks whether a 2008 rule allowing natural gas companies more flexibility in how they reported on unproven gas reserves had allowed the companies to "paint an overly-optimistic picture of their reserves and the industry's potential contribution to America's energy needs." The letter was sent by Rep. Markey in response to articles published in the New York Times (NYT) questioning whether the new rules provide investors with sufficient information regarding natural gas reserves and why they fail to provide for third-party verification of reported reserves. On June 25, NYT published an article entitled, Insiders Sound an Alarm Amid a Natural Gas Rush; followed by a second article, Behind Veneer, Doubt on Future of Natural Gas, on June 26 (See links below).

Markey said, "The SEC rules allow natural gas companies to self-report their reserves without providing enough detail or independent review of their claims. When it comes to fuel that millions of Americans depend upon to meet their energy needs, the SEC should not violate the 'trust, but verify' principle. The SEC needs to provide answers on how they think these new rules could be affecting assumptions of domestic natural gas reserves."

According to a release from Markey, under prior SEC rules, natural gas companies were allowed to count gas only from areas close to their active wells as part of their proven reserves. Under the 2008 rules adopted by the Bush administration just days before former Chairman Christopher Cox's departure from the commission, companies can now include gas from yet untapped fields based on modeling methods. Markey indicated that the Times article reports that natural gas companies were not required under the rule to disclose precise details about the technology used to estimate reserve sizes, and that while the SEC considered requiring third party audits to verify the new reserve estimates, it did not do so in the final rule.

Markey sent a similar inquiry to the Energy Information Administration (EIA) about their reported staff concerns regarding the official estimates of domestic natural gas reserves. In that letter, Markey asked the EIA "to justify their bullish claims on natural gas resources and reserves in light of reports in The New York Times "indicating skepticism exists within. . . [EIA] about its own estimates. In a letter to the head of the EIA, Markey asked "how the agency was justifying optimistic estimates of domestic natural gas production, especially from shale gas formations that require the increasingly-scrutinized technique called hydraulic fracturing to extract the trapped fuel, in light of the revelations."

Markey said, "We need to know whether the natural gas located underneath the surface is a real source of fuel for the next generation, or a speculative bubble hyped by the oil and gas industry, and echoed by the federal government's energy experts. Natural gas has been touted as a 'bridge fuel' that will take us from dirtier fossil fuels to cleaner renewable energy technologies. If these claims are accurate, natural gas could offer a viable pathway towards meeting our energy needs while reducing carbon dioxide pollution. If they are not, America's natural gas future could be a bridge to nowhere."

Chesapeake Energy Corporation CEO Aubrey McClendon immediately sent a lengthy letter to all company employees in response to the NYT "Sound an Alarm" article. The letter, posted on the Company Facebook page indicates in part, "The story is misleading, at best, and is the latest in a series of articles produced by this publication that obviously have an anti-industry bias. We know for a fact that today's NYT story is the handiwork of the same group of environmental activists who have been the driving force behind the NYT's ongoing series of negative articles about the use of fracking and its importance to the US natural gas supply growth revolution which is changing the future of our nation for the better in multiple areas. It is not clear to me exactly what these environmental activists are seeking to offer as their alternative energy plan, but most that I have talked to continue to naively presume that our great country need only rely on wind and solar energy to meet our current and future energy needs. . .

"Since the shale gas revolution and resulting confirmation of enormous domestic gas reserves, there has been a relatively small group of analysts and geologists who have doubted the future of shale gas. Their doubts have become very convenient to the environmental activists I mentioned earlier. . . But I wanted you to know that this reporter's claim of impending scarcity of natural gas supply contradicts the facts and the scientific extrapolation of those facts by the most sophisticated reservoir engineers and geoscientists in the world. Not just at Chesapeake, but by experts at many of the world's leading energy companies that have made multi-billion-dollar, long-term investments in U.S. shale gas plays, with us and many other companies. . ."

Access a release from Rep. Markey on the SEC letter (click here). Access a release from Rep. Markey on the EIA letter (click here). Access the Markey letter to SEC (click here). Access the Markey letter to EIA (click here). Access the NYT 6/25 article (click here). Access the NYT 6/26 article (click here). Access the McClendon letter to employees (click here). [*Energy/NatGas/Shale]

President Launches Advanced Mfg Partnership & $120 Million Support - Jun 24: President Obama launched the Advanced Manufacturing Partnership, including an investment of up to $120 million from the Department of Energy (DOE) over three years to develop transformational manufacturing technologies and innovative materials that could enable industrial facilities to dramatically increase their energy efficiency. The Advanced Manufacturing Partnership is a national effort bringing together industry, universities and the federal government to invest in emerging technologies that will create high quality manufacturing jobs and enhance our global competitiveness. This clean energy investment in new energy-efficient manufacturing processes and novel materials will help U.S. manufacturers save money by reducing the energy needed to power their facilities. President Obama made the announcement this morning at an event at Carnegie Mellon University in Pittsburgh, PA.

At the event the President said in part, " I asked my Council of Advisors on Science and Technology -- what we call PCAST -- a while back to look at the state of American manufacturing and the promise of advanced manufacturing. The concept of advanced manufacturing is not complicated. It means how do we do things better, faster, cheaper to design and manufacture superior products that allow us to compete all over the world. And so these very smart folks, many of whom are represented here, wrote up a report which is now up on the White House website. But we didn't want to just issue a report, we wanted to actually get something done. So we've launched an all-hands-on-deck effort between our brightest academic minds, some of our boldest business leaders, and our most dedicated public servants from science and technology agencies, all with one big goal, and that is a renaissance of American manufacturing.

"We're calling it AMP, A-M-P - the Advanced Manufacturing Partnership. It's made up of some of the most advanced engineering universities, like Carnegie Mellon, Georgia Tech, Stanford, Berkeley, Michigan; some of our most innovative manufacturers, from Johnson & Johnson to Honeywell, Stryker to Allegheny Technologies. I've asked Susan Hockfield, the President of MIT, who is here. . . and Andrew Liveris, the CEO of Dow Chemical. . . to lead this partnership, and to work with my own advisors on science, technology and manufacturing. . ."

DOE is now soliciting projects and applications to emphasize new processes and materials that are revolutionary in their design or impact and that are capable of being commercialized within the next five to seven years. By boosting investment in near-term technology development, the Department is supporting projects that might otherwise take far longer to contribute to U.S. industrial competitiveness. DOE expects to fund 35 to 50 cost-shared projects under the initiative. DOE Secretary Chu said, "These investments will support the innovations that American manufacturers need to stay competitive in the global marketplace. These breakthrough manufacturing processes, technologies, and materials will help American companies to reduce energy waste and lower costs."

According to a release from DOE, projects associated with innovations in the earlier stages of development, such as applied research projects or those that establish a proof of concept, will be eligible for awards up to $1 million. The projects must be completed within two years. Projects associated with innovations further along in their development, such as laboratory testing or verification of a prototype system, will be eligible for awards up to $9 million. The projects should not exceed three years in duration. Applicants are encouraged to form collaborative teams equipped with both technical and commercial capabilities to enhance the prospects for success. Teams can be comprised of large and small companies, universities and academic institutions, trade organizations, national laboratories, and other research institutions. Applications are due by August 25, 2011.

Access a release from DOE (click here). Access more information and application requirements on the Funding Opportunity Exchange (click here). Access the complete speech from the President (click here). Access a White House release on the AMP (click here). Access a background document on the Carnegie Mellon trip (click here). Access the OSTP Report to the President on Ensuring American Leadership in Advanced Manufacturing (click here). [*All]

EPA Issues Ethanol E10-15 Fuel Pump Labeling Requirements - Jun 28: U.S. EPA issued fuel pump labeling and other requirements for gasoline blends containing more than 10 and up to 15 percent ethanol, known as E15. These requirements will help ensure that E15 is properly labeled and used once it enters the market. The new orange and black label must appear on fuel pumps that dispense E15. This label will help inform consumers about which vehicles can use E15. This label will also warn consumers against using E15 in vehicles older than model year 2001, motorcycles, watercraft, and gasoline-powered equipment such as lawnmowers and chainsaws.

    Over the past year, EPA issued two partial waivers under the Clean Air Act that in sum allow E15 to be sold for use in model year 2001 and newer cars and light trucks. EPA based its waiver decisions on testing and analysis showing that these vehicles could continue to meet emission standards if operated on E15. However, EPA does not mandate the use of E15, nor has the Agency registered the fuel, which is required before E15 can be legally sold for use in conventional vehicles.

    The E15 pump label requirements, developed in coordination with the Federal Trade Commission (FTC), adopt elements of FTC's existing labels for alternative fuels to promote consistent labeling. The rule also includes a prohibition against misfueling with E15; a requirement to track E15 and other fuels as they move through the fuel supply chain so that E15 can be properly blended and labeled; and a quarterly survey to help ensure that gas pumps dispensing E15 are properly labeled. In addition, it modifies the Reformulated Gasoline (RFG) Program to allow fuel producers to certify batches of E15 as complying with RFG standards.

    EPA said the action will help to further reduce the risks of potential misfueling that could result in damage to the vehicle or equipment and in associated emission increases that pose threats to human health and the environment. EPA is also issuing guidance on the compatibility of underground storage tanks (USTs) with gasoline containing greater than 10 percent ethanol or diesel containing greater than 20 percent biodiesel. The guidance is intended to assist UST owners and operators in meeting the existing federal UST compatibility requirements.

Access a release from EPA and links to more information, view the pump labels and UST guidance (click here). [*Energy/Biofuels, *Transport]

EPA & Coast Guard Joint Enforcement Of Air Pollution From Vessels - Jun 27: U.S. EPA and the U.S. Coast Guard (USCG) announced an agreement to jointly enforce U.S. and international air pollution requirements for vessels operating in U.S. waters. The requirements establish limits on nitrogen oxides (NOx) emissions and require the use of fuel with lower sulfur content, protecting people's health and the environment by reducing ozone-producing pollution, which can cause smog and aggravate asthma. The most stringent requirements apply to ships operating within 200 nautical miles of the coast of North America.

    Cynthia Giles, assistant administrator for EPA's Office of Enforcement and Compliance Assurance said, "Today's agreement forges a strong partnership between EPA and the U.S. Coast Guard, advancing our shared commitment to enforce air emissions standards for ships operating in U.S. waters. Reducing harmful air pollution is a priority for EPA and by working with the Coast Guard we will ensure that the ships moving through our waters meet their environmental obligations, protecting our nation's air quality and the health of our coastal communities." Rear Adm. Kevin Cook, director of Prevention Policy for the U.S. Coast Guard said, "This agreement demonstrates the Coast Guard's long-standing commitment to protecting our nation's marine environment. Aligning our capabilities with EPA enhances our commitment to the marine environment while minimizing the impact on shipping."

    The large marine diesel engines that provide propulsion and auxiliary power on many ocean-going vessels emit significant amounts of pollution. Without further action, EPA estimates that by 2030, NOx emissions from ships will more than double, growing to 2.1 million tons per year. The memorandum of understanding (MOU) signed by EPA and the USCG outlines the agencies' commitment to jointly enforce Federal and international laws that EPA projects could prevent 12,000-31,000 premature deaths annually by 2030. Under the MOU, both the USCG and EPA will perform inspections and investigations, and will take appropriate enforcement actions if a violation is detected.

    A letter to industry was also signed today by USCG and EPA to provide the regulated community with notice that USCG and EPA will be taking measures to promote compliance with federal and international air pollution requirements and will be actively pursuing violations.

    The International Maritime Organization (IMO) is a United Nations agency which deals with maritime safety, security and the prevention of marine pollution from ships across the globe. The International Convention for the Prevention of Pollution from Ships (MARPOL), developed through the IMO, is the main international convention covering prevention of pollution of the marine environment by ships. MARPOL Annex VI addresses air pollution from ships through the use of both engine-based and fuel-based standards. Additionally, MARPOL Annex VI requires ships operated in designated geographical areas, known as emission control areas or ECAs, to meet the most advanced standards for NOx emissions and fuel sulfur limits. The United States became a party to MARPOL Annex VI in 2008 and the treaty is implemented in the United States through the Act to Prevent Pollution from Ships (APPS).

Access a release from EPA (click here). Access the MOU (click here). Access more about EPA's Ocean Vessels and Large Ships program (click here). [*Water]

New Initiative Focuses On Short-Haul, Dray Trucks At Nation's Ports - Jun 28: U.S. EPA, joined by the Coalition for Responsible Transportation and the Environmental Defense Fund, launched a new initiative to protect people's health, the environment and promote sustainable economic growth by reducing pollution from thousands of short-haul trucks that service the nation's ports. The new EPA SmartWay initiative will green the nation's supply chain by reducing harmful diesel emissions from dray trucks -- large diesel trucks that are widely used in port facilities to haul freight from cargo ships to nearby local distribution points. Gina McCarthy, assistant administrator for EPA's Office of Air and Radiation said, "U.S. ports generate jobs and are critical to our nation's economy. EPA's SmartWay dray truck initiative will help ports contribute to their local economies -- while protecting the air quality, environment and public health of nearby communities."

    According to a release from EPA, many of the dray trucks today are older and dirtier than trucks used on highways, and contribute to serious public health and environmental challenges at ports and surrounding areas. Model year 1994 and older dray trucks emit approximately 60 times more fine particle (PM 2.5) emissions than model year 2007 and newer trucks. Under the SmartWay dray truck initiative, carriers sign an agreement with EPA to track and reduce PM 2.5 emissions by 50 percent and nitrogen oxides (NOx) emissions by 25 percent below the industry average over a three year period. In addition, SmartWay dray shipper partners will commit to use the cleaner trucks to haul 75 percent or more of port freight. Charter shipper partners in the program include Best Buy, The Home Depot, Hewlett Packard, JC Penney, Lowe's, Nike, Target, and Walmart.

    Under the agreement and through the incentives, EPA and its SmartWay partners expect to build on the SmartWay program's success in cutting fuel costs, reducing harmful diesel emissions, preserving jobs, and protecting air quality. Since 2004, SmartWay partners including many of the country's top retailers, trucking and rail companies and manufacturers have reduced fuel use, cut foreign oil imports by 50 million barrels and saved an estimated $6.1 billion in fuel costs. SmartWay contributes to the Agency's goal for improving air quality goals by eliminating harmful air emissions including 16.5 million metric tons of carbon dioxide, 234,000 tons of NOx, and 9,000 tons of particulate matter. In addition over the past decade, EPA has set emissions standards for new diesel engines, such as trucks, buses, locomotives and boats. The standards are projected to prevent tens of thousands of deaths every year when fully implemented.

    Access a release from EPA (click here). Access more information on the SmartWay dray initiative (click here). [*Air]

"Tapping Oil Reserves: What Precedent is Obama Setting?" - Jun 27: This week the National Journal Experts Blog on Energy & Environment has posted the question: "Tapping Oil Reserves: What Precedent is Obama Setting?" The question follows last week's announcement by the International Energy Agency (IEA) Executive Director Nobuo Tanaka that the 28 IEA member countries, including the United States, have agreed to release 60 million barrels (mb) of oil in the coming month in response to the ongoing disruption of oil supplies from Libya [See WIMS 6/23/11]. In the U.S., Department of Energy Secretary Steven Chu announced that the U.S. will release "30 million barrels" of oil from the Strategic Petroleum Reserve (SPR) which is currently at a historically high level with 727 million barrels. The action has sparked intense debate with Republicans and industry opposed and Democrats and environmental organizations, generally supportive.

In its introduction reporter Amy Harder indicates, "This is only the third time an administration has tapped the SPR since it was created in 1973 in response to the Arab oil embargo. The other two times were in response to a war and natural disaster. What precedent is this administration setting by tapping into the reserves at a time of ongoing unrest in the Middle East and seemingly sustained high oil prices? What does this say for the nation's energy policy overall? Should it provide more impetus to wean the United States off foreign oil and to other sources of energy? Should it be a sign that the administration needs to invest in more domestic oil and gas drilling?"

Responding to the questions with detailed commentary are: Barry Russell, President, Independent Petroleum Association of America (IPAA); Robbie Diamond, President and CEO, Securing America's Future Energy (SAFE) and the Electrification Coalition; Carl Pope, Chairman, Sierra Club; Brent Erickson, Executive Vice President, Industrial & Environmental Division, Biotechnology Industry Organization; Kathleen Sgamma, Director of Government & Public Affairs, Western Energy Alliance; David Holt, President, Consumer Energy Alliance; Charles Drevna, President, National Petrochemical & Refiners Association; and William O'Keefe, CEO, George C. Marshall Institute.

Access the blog posting and read the commentaries (click here). [*Energy/SPR]

More On The Future Of Climate Change Lawsuits - Jun 27: A good overview article posted on the Crain's Business Insurance website by Senior Editor Joanne Wojcik discusses some of the legal cases and issues in the aftermath of the recent Supreme Court decision in Second Circuit case of American Electric Power Inc. et al. vs. State of Connecticut et al [See WIMS 6/20/11]. Of significance are two recent developments including the resurection of the Fifth Circuit Comer et al. vs. Murphy Oil USA case [See WIMS 10/21/09] and a new legal theory from the nonprofit organization Our Children's Trust which has filed legal and administrative actions against all 50 states and the federal government to force action on climate change based on governments' responsibility under the "public trust doctrine."

While the High Court ruling said that U.S. EPA's authority under the Clean Air Act "displace the claims the plaintiffs seek to pursue" under common law nuisance arguments, the decision left open the question of pursuing nuisance arguments under individual state laws. On that issue, the Supreme Court said, "The Second Circuit did not reach the state law claims because it held that federal common law governed. . . In light of our holding that the Clean Air Act displaces federal common law, the availability vel non of a state lawsuit depends, inter alia, on the preemptive effect of the federal Act. Id., at 489, 491, 497 (holding that the Clean Water Act does not preclude aggrieved individuals from bringing a 'nuisance claim pursuant to the law of the source State'). None of the parties have briefed preemption or otherwise addressed the availability of a claim under state nuisance law. We therefore leave the matter open for consideration on remand." The resurected Comer et al. vs. Murphy Oil USA case is nuisance suit is pending in federal court in Mississippi under that state's law.

On May 4, when Our Children's Trust filed their legal and administrative actions former Republican Representative Pete McCloskey (R-CA), now with the law firm of Cotchett, Pitre & McCarthy, who are representing the group said, "This is something new -- no climate litigation in the past has ever gone back to the first principal that the government must protect the public trust,. The large body of litigation brought under environmental statutes is too narrow for the crisis at hand. Science, not politics, defines the fiduciary obligation that trustees must fulfill -- it's the most common sense, fundamental legal footing for the protection of our planet." In April 2007, McCloskey switched his affiliation to the Democratic Party.

Julia Olson, Our Children's Trust executive director said, "The public trust law in our country and around the world says that common resources like water and air are held in trust by the government for the people and for future generations. Lawyers around the nation are providing legal assistance to young people to help them protect their future, since the government has abdicated that responsibility."

Access the posting on the Business Insurance website (click here). Access a release from Our Children's Trust (click here). [*Climate]

Federal Register Highlights

The following is a summary from our Daily REGTrak Bulletin* for:
Tuesday, June 28, 2011.

Federal Register

Vol. 76, Issue 124

There are 5 announcements in this issue -- GET THE LINKS! (click here)

1. AIR - FR. EPA. Standards of Performance for Stationary Compression Ignition and Spark Ignition Internal Combustion Engines PDF | Text |

2. AIR, TRANSPORT, ENERGY/Biofuels -- PR/Hearing. EPA. Regulation of Fuels and Fuel Additives: 2012 Renewable Fuel Standards; Public Hearing PDF | Text |

3. ALL - ICR. EPA. Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; Exchange Network Grants Progress
Report (Renewal) PDF | Text |

4. REMED - ICR. EPA. Agency Information Collection Activities; Proposed Collection; Comment Request; Continuous Release Reporting Regulations (CRRR) Under CERCLA 1980 (Renewal) PDF | Text |

5. ENERGY/Efficiency - PR/Notice. DOE/Office of Energy Efficiency and Renewable Energy. Energy Conservation Program for Consumer Products and Certain Commercial and Industrial Equipment: Proposed Determination of Commercial and Industrial Fans, Blowers, and Fume Hoods as Covered Equipment; Notice of proposed determination of coverage PDF | Text |

__________________________________

eNewsUSA... Monday, June 27, 2011

2011-06-27T16:40:00.001-04:00

Note: This is the complete issue of eNewsUSA for the day posted; but, it does not contain the links that regular subscribers receive in their daily issue. During this promotion you can review the complete issue each day on this blog; however, to get the links and continue to receive eNewsUSA on a daily basis you must subscribe @ $239/year http://bit.ly/l6t0MB; or, sign up for a free 30-day trial -- http://bit.ly/jJ3Sga.

In This Issue

-- NATIONAL/INTERNATIONAL NEWS --
NAS: Policy Options For Reducing Energy & GHG From Transportation
Agencies MOU On Air Quality At Onshore Oil & Gas On Public Lands
Agencies Launch Partnership To Revitalize Urban Waterways
Comment Extended On Identifying Waters Protected Under CWA
Upton Accuses EPA Of "Tweaking" & "Tinkering" Boiler MACT, Etc.
"Old GM" Settles With States On Mercury Switch Recovery Program
Medical Waste Institute v. U.S. EPA
Dairyland Power Cooperative v. United States

National / International News

NAS: Policy Options For Reducing Energy & GHG From Transportation - Jun 23: The National Academy of Sciences (NAS), National Research Council (NRC) announced a new report entitled, Policy Options for Reducing Energy Use and Greenhouse Gas Emissions from U.S. Transportation, and indicated, "It will take more than tougher fuel economy standards for U.S. transportation to significantly cut its oil use over the next half century. It will likely require a combination of measures that foster consumer and supplier interest in vehicle fuel economy, alternative fuels, and a more efficient transportation system. Public interest in reducing the cost of securing the nation's energy supplies, curbing emissions of carbon dioxide and other greenhouse gases (GHGs), and improving transportation operations could motivate such varied actions."

Emil Frankel, director of transportation policy, Bipartisan Policy Center, Washington, DC and chair of the committee that wrote the report said, "It is not simply a matter of choosing a single best policy. Decisions about whether and how to reduce transportation's use of oil will require officials to consider a range of options." The U.S. transportation sector accounts for more than two-thirds of the nation's oil use and about 25 percent of its carbon dioxide emissions. Federal regulations over the past 40 years such as fuel economy standards have helped the transportation sector make significant gains in controlling its oil use and emissions. However, the NAS committee said "these measures are likely to do little more than temper growth in the sector's carbon dioxide emissions and demand for oil over the next several decades."

According to the report, to achieve earlier, larger, and sustained gains, a longer-term strategy involving a mix of policy measures and impacts on transportation energy demand and supplies is needed. The report was developed to inform policymakers of the pros and cons of available policy options to reduce energy use and emissions over time from cars, trucks, and aircraft -- the U.S. transportation modes that collectively account for 95 percent of transportation oil use.

The policy options examined in the report include a range of approaches but are not ranked in any particular order:

land-use and travel-demand management measures aimed at curbing household vehicle use
low-carbon standards for transportation fuels
public investments in transportation infrastructure to increase vehicle operating efficiencies
transportation fuel taxes
vehicle efficiency standards, "feebates," and other financial incentives to motivate interest in vehicle efficiency

Because some of the policies are market and demand oriented, others regulatory, and others hybrids of the two, they produce different responses from users and suppliers of transportation vehicles and fuels. They also have different track records of implementation and thus differing prospects for early application. The report says that any serious actions must ultimately cut the amount of oil used and GHGs emitted from the nation's 225 million cars and light trucks. Policymakers need to look beyond measures that center largely on suppliers of vehicles and fuels and adopt policies that will also cause consumers to respond with strong and sustained interest in saving energy and lowering emissions.

In assessing opportunities for policy, the report says fuel taxes have both the greatest applicability across modes and the widest scope of impact. Raising fuel prices can lead to increased consumer and supplier interest in more fuel-efficient vehicles and operations. It can also reduce the total amount of energy-intensive travel by making it more expensive. However, the report indicates, "political resistance to fuel taxes is high. The federal gas tax, approximately 18 cents per gallon, has not been raised since 1993. To make this a more viable option over time, pursuing innovative ways to use the new tax dollars could help spur and sustain public support."

The committee said that vehicle standards with a more focused impact on vehicle energy and emissions performance have the advantage of familiarity and public acceptance. This advantage is important because it can mean early savings in oil use and emissions. Purchase incentive programs that impose fees on inefficient vehicles to fund rebates on efficient ones -- known as feebates -- may ultimately motivate consumers to buy the newer designs. However, neither efficiency standards nor such purchase incentives will prompt vehicle users to engage in more energy-efficient operations, such as driving less or carpooling more.

Creating an environment less dependent on private vehicles may pay dividends by reducing the total demand for vehicle travel, but the Committee notes that it "may take decades to bring about through land-use planning and controls." In the meantime, public investment in infrastructure for highways, airways, and waterways can make transportation more efficient while reducing system delays and congestion. These operational benefits may be politically palatable ways to save energy and emissions in the near term, especially if consumers face higher energy prices down the road.

Access a release from NAS (click here). Access a report brief (click here). Access a summary table of options (click here). Access the complete 162-page report (click here). [*Transport, *Climate, *Air, *Land]

Agencies MOU On Air Quality At Onshore Oil & Gas On Public Lands - Jun 24: U.S. Department of the Interior (DOI), the U.S. Department of Agriculture (USDA), and U.S. EPA released an interagency approach to address air quality issues associated with onshore oil and gas development on public lands. A new Memorandum of Understanding (MOU) establishes a common process for the agencies to follow in analyzing the potential air quality impacts of proposed oil and gas activities on Federally managed public lands. They said the collaborative approach established in the MOU will increase efficiency, certainty and transparency in the process -- benefitting industry, Federal agencies, states, and Tribes.

Previously, Federal agencies responsible for land management and air quality reviews associated with oil and gas development made decisions based on individual Agency protocols. Agencies used different approaches when determining the adequacy of air quality analyses and mitigation; the stage in oil and gas activities -- planning, leasing, or permitting -- when air quality analyses should occur; and the appropriate thresholds and resource conditions to use as the starting point for analyzing impacts to visibility and other air quality related values (AQRVs). These differences often resulted in project delays.

To alleviate these delays and improve interagency coordination, the Bureau of Land Management (BLM), EPA, the U.S. Fish and Wildlife Service, the National Park Service, and the USDA Forest Service worked to establish mutually acceptable procedures for conducting air quality analyses as part of the environmental review required by the National Environmental Policy Act (NEPA). NEPA requires all federal agencies to evaluate and disclose the potential environmental impacts of their proposed actions in a public process.

EPA Deputy Administrator Bob Perciasepe said, "Today's agreement will align federal agencies so that oil and natural gas development in the United States is achieved in a way that also protects important environmental resources. Working with our federal partners, we are committed to delivering an environmental review process that is both transparent and comprehensive, supporting responsible domestic energy production on federal lands while ensuring environmental protection." Agriculture Deputy Secretary Kathleen Merrigan said, "This agreement ensures we do not have to sacrifice clean air in our communities nor our protected public landscapes when oil and gas development occurs. This is a good example of what the President called for in his State of the Union address to find creative and innovative ways for government to work better together."

The agreement builds upon the best practices applied in a recent successful interagency collaboration on a major natural gas development project in Utah. The Greater Natural Buttes Area Gas Development Project had been delayed, in part, over concerns about its potential impacts on air quality in the Uintah Basin, which has seen some of the highest winter time ozone levels in the nation. Over the last several months, the BLM and EPA worked closely with the project proponent to develop a mitigation plan to significantly reduce the project's potential impacts, an important step forward for a project that could include up to 3,675 new gas wells over 10 years and produce more than 6 trillion cubic feet of natural gas. Deputy Secretary of the Interior David Hayes said, "This agreement helps institutionalize the type of collaborative effort that created a path forward for the Greater Natural Buttes gas project in Utah and that encouraged the use of best practices and sensible air pollution control technologies. We want to build on lessons learned to establish clearer lines of communication and a predictable, common sense process for ensuring prompt and thorough reviews of proposed oil and gas projects."

The MOU outlines a number of steps the agencies will take to ensure that Federal laws protecting air quality, human health, and the environment are balanced with the nation's energy needs. The agreement provides for early interagency consultation throughout the NEPA process; common procedures for determining what type of air quality analyses are appropriate and when air modeling is necessary; specific provisions for analyzing and discussing impacts to air quality and for mitigating such impacts; and a dispute resolution process to facilitate timely resolution of differences among agencies.

Access a release from the agencies and link to more information on the MOU; the MOU; Air Quality MOU Appendix; an overview and example design of a reusable modeling framework for air quality modeling; and more information about NEPA (click here). [*Air, *Energy/OilGas, *Land]

Agencies Launch Partnership To Revitalize Urban Waterways - Jun 24: A new Federal partnership aims to stimulate regional and local economies, create local jobs, improve quality of life, and protect Americans' health by revitalizing urban waterways in under-served communities across the country. The Urban Waters Federal Partnership (UWFP), an innovative Federal union comprised of 11 agencies, will focus its initial efforts on seven pilot locations: the Patapsco Watershed (Maryland); the Anacostia Watershed (Washington DC/Maryland); the Bronx & Harlem River Watersheds (New York); the South Platte River in Denver (Colorado); the Los Angeles River Watershed (California); the Lake Pontchartrain Area (New Orleans, LA); and the Northwest Indiana Area. According to a release, each of the pilot locations already has a strong restoration effort underway, spearheaded by local governments and community organizations. Lessons learned from these pilot locations will be transferred to other cities in the country.

Led by U.S. EPA, the Department of the Interior (DOI) and the U.S. Department of Agriculture (USDA) and coordinated by the White House Domestic Policy Council, the Urban Waters Federal Partnership closely aligns with and advances the work of the other White House place-based efforts such as the Partnership for Sustainable Communities by revitalizing communities, creating jobs and improving the qualities of life in cities and towns across the nation. EPA said the partnership also supports President Obama's America's Great Outdoors Initiative aimed at making the Federal Government a better partner with communities that are working to provide safe, healthy and accessible outdoor spaces.

U.S. EPA Administrator Lisa Jackson, DOI Secretary Ken Salazar, White House Domestic Policy Council Director Melody Barnes, Council for Environmental Quality Chair Nancy Sutley and representatives from USDA and the Department of Housing and Urban Development announced the partnership along the Patapsco River in Baltimore where they participated in environmental education activities with Baltimore students. Americans use urban waterways like the Patapsco River as sources of drinking water and for a variety of activities including boating, fishing and swimming. EPA indicated that cleaning up and restoring these water resources is essential to protecting Americans' health and improving their overall quality of life. Revitalizing these urban waterways will also reconnect citizens to open spaces, and will have a positive economic impact on local businesses, tourism and property values, as well as spur private investment and job creation in these communities.

EPA Administrator Lisa Jackson said, "There is a range of health and environmental challenges facing our urban waters today -- but each challenge is matched by an incredible opportunity to transform distressed urban waterfronts into centerpieces for community revitalization. Urban waters have the potential to support healthy environments, growing business and educational and recreational activities. By bringing together the experience and expertise of multiple federal partners, we have a chance to reconnect local residents, young people and community groups with the environmental resources all around them."

Access a release from EPA with more quotes and information from the agencies (click here). Access the Urban Waters website for complete information (click here). [*Water]

Comment Extended On Identifying Waters Protected Under CWA - Jun 27: U.S. EPA and the U.S. Army Corps of Engineers (ACOE) have extended the public comment period by 30 days for the draft guidance on Identifying Waters Protected by the Clean Water Act [See WIMS 4/27/11]. In response to requests from state and local officials, as well as other stakeholders, EPA and the Corps will take additional comment until July 31, 2011 on the controversial draft guidance that is designed to protect U.S. waters. According to a release, the waters are critical for the health of the American people, the economy and ecosystems in communities across the country.

EPA said the change in the public comment period will not impact the schedule for finalizing the guidance or alter the intent to proceed with a rulemaking. The agencies indicated that public input received will be carefully considered as they make final decisions regarding the guidance. They said the comments will also be very helpful as the agencies prepare a Notice of Proposed Rulemaking. The original 60-day public comment period was originally set to expire on July 1, 2011. The agencies will be publishing a notice of this 30-day extension in the Federal Register.

On June 22, 2011, the Small Business Administration (SBA) Office of Advocacy submitted public comments to ACOE and EPA on the proposed Guidance Regarding Identification of Waters Protected by the Clean Water Act [See WIMS 6/24/11]. SBA Advocacy raised concerns about businesses expenses with respect to the Endangered Species Act (ESA) under the guidance and also expressed concern that "the agencies are choosing to address the very important issue of the determination of jurisdictional decision in guidance rather than through the rulemaking process."

Access the announcement from the agencies (click here). Access the EPA Docket for this action for background and to submit and review comments (click here). Access the Obama Administration's Clean Water Framework (click here). Access EPA's website for the guidance with complete information (click here). [*Water]

Upton Accuses EPA Of "Tweaking" & "Tinkering" Boiler MACT, Etc. - Jun 24: House Energy and Commerce Committee Chairman Fred Upton (R-MI) responded to EPA's announcement regarding a schedule for issuing updated air toxics standards for boilers and certain solid waste incinerators (so-called Boiler MACT and related rules). EPA announced on June 24, that the Agency will propose standards to be reconsidered by the end of October 2011, and issue final standards by the end of April 2012.

Rep Upton said, "The Obama administration today set an aggressive schedule to finalize the reconsideration of its recently issued rules." He reiterated his support for bipartisan legislation [i.e. the EPA Regulatory Relief Act (H.R. 2250)] to give additional time and guidelines for the EPA to develop achievable standards for non-utility boilers and incinerators. He indicated that, "Economic analyses have projected that compliance with the rules as currently proposed could cost in excess of $14 billion, which could put more than 200,000 jobs at risk."

Rep. Upton said, "The administration has repeatedly acknowledged that additional time and public input is needed to get these rules right. While I appreciate the agency's effort to set a schedule to tweak certain aspects of the rules, bureaucratic tinkering around the edges is not enough. The reconsideration process and the limited timeframe EPA has announced will prevent the agency from revising the rules in their entirety and addressing all the difficult technical issues that have been raised, which is what the administration had asked permission from the Court to do last year. The only way to truly stave off the economic and jobs threat of these rules is for Congress to pass legislation giving EPA the time to develop these rules and industry the time to adopt them."

Rep. Upton indicated that on Wednesday, a bipartisan group of Energy and Commerce Committee members introduced the EPA Regulatory Relief Act [See WIMS 6/22/11], a bill designed to give EPA the time and parameters to develop standards that will protect public health and the environment without undue threats to jobs and our economy. He indicated that to protect jobs and allow time for development of achievable standards, H.R. 2250 would Provide EPA with at least 15 months to re-propose and finalize new rules for boilers, process heaters, and incinerators; Extend compliance deadlines from 3 to at least 5 years to allow facilities adequate time to comply with the standards and install necessary equipment; Direct EPA, when developing the new rules, to adopt definitions that allow sources to use a wide range of alternative fuels; and, Direct EPA to ensure that the new rules are achievable by real-world boilers, process heaters, and incinerators and impose the least burdensome regulatory alternatives consistent with the President's Executive Order 13563.

Access a release from Rep. Upton and link to more information (click here). Access a release from EPA on its schedule (click here). Access the filing with the Appeals Court (click here). Access complete information and background on the issue (click here). [*Air]

"Old GM" Settles With States On Mercury Switch Recovery Program - Jun 23: Massachusetts Attorney General Martha Coakley and Attorneys General and agencies from 11 other states (Arkansas, Illinois, Indiana, Iowa, Maine, Maryland, Missouri, New Jersey, North Carolina, Rhode Island, and Vermont) entered into a settlement resolving their claims against the company formerly known as General Motors Corporation (Old GM) to fund its share of the costs to run the National Vehicle Mercury Switch Recovery Program (NVMSRP).

In November 2009, Attorney General Coakley filed a claim in Old GM's bankruptcy case. The claim, filed on behalf of the Massachusetts Department of Environmental Protection (MassDEP), asserted that Old GM was required under the Massachusetts Mercury Management Act to fund or implement a program to collect, recover, and recycle mercury-containing switches from their cars when those cars reach their "end-of-life." For years, Old GM manufactured automobiles with mercury-containing switches. AG Coakley said, "The National Vehicle Mercury Switch Recovery Program is a cost-effective way to remove mercury from old cars and get it out of the waste stream. This program protects children and other residents of the Commonwealth by reducing mercury that could possibly be emitted to the environment."

As a result of the settlement, the mercury switch claims of all 12 states will be resolved by way of a total allowed claim of $2,845,000. Under the settlement, payment will be made to End-of-Life-Vehicle Solutions, Inc. (ELVS) in accordance with the terms of Old GM's Plan of Liquidation. ELVS implements the NVMSRP and will use the proceeds of this settlement to cover costs of operating the program nationwide. Under the terms of the Plan of Liquidation, the actual amount to be paid to ELVS as a result of this settlement is yet to be determined. It will be related to the stock price of the currently existing company now known as General Motors Company (New GM).

Under the NVMSRP, more than 3.48 million switches have been collected and recycled, representing about 7,650 pounds of mercury that has been diverted from the waste stream, much of which would have otherwise been emitted into the environment. Roughly 54 percent of mercury-containing switches recovered from "end-of-life" vehicles to date were manufactured by Old GM. In 2006, automobile manufacturers, related industries and U.S. EPA jointly created a voluntary, nationally-coordinated program known as the NVMSRP. Due to the number of cars with mercury-containing switches currently in use this program will likely be needed through 2022.

After a request from Coakley and eight other states' officials in January, New GM committed to making a voluntary contribution of $4.5 million to ELVS to support the national program costs through 2017. This settlement and the New GM contribution should provide funds to cover NVMSRP costs through 2022.

Access a release from AG Coakley (click here). Access the EPA NVMSRP website (click here). Access the ELVS NVMSRP website for more information (click here). [*HAZ/Hg]

Medical Waste Institute v. U.S. EPA - Jun 24: In the U.S. Court of Appeals, D.C. Circuit, Case No. 09-1297. Petitioners Medical Waste Institute and Energy Recovery Council, trade associations representing the medical waste and waste-to-energy industries, respectively, petition for review of a regulation promulgated by U.S. EPA setting performance standards for new and existing hospital/medical/infectious waste incinerators (HMIWI). Petitioners argue that the data set EPA used to establish these standards was flawed, that the Agency's pollutant-by-pollutant approach to setting target emissions levels was impermissible, and that the Agency acted arbitrarily when it removed a provision exempting HMIWI from complying with the standards during periods of startup, shutdown, and malfunction. The EPA counters that the Appeals Court lacks jurisdiction to review the two latter claims, and that the use of the data set was justifiable. The Appeals Court said, "We agree with the EPA and deny the petition for review."

The challenged regulation, titled "Standards of Performance for New Stationary Sources and Emissions Guidelines for Existing Sources: Hospital/Medical/Infectious Waste Incinerators," was issued pursuant to Section 129 of the Clean Air Act (CAA), 42 U.S.C. § 7429. The statute directs the EPA to set required levels of emissions reduction for nine listed air pollutants, as well as for opacity where appropriate. § 7429(a)(4). The statute sets forth the factors EPA is to consider in establishing the standards.

The Appeals Court concluded, "We hold that the EPA's decision to use emissions data from the HMIWI units remaining in operation after the implementation of the 1997 standards, once it determined that the data set upon which it had relied in 1997 was flawed, was reasonable. We do not have jurisdiction to review the challenges to the EPA's long-standing practice of setting emissions floors based on emissions levels achieved by the best performing unit or units for each individual pollutant, and to the agency's removal of an exemption from compliance with emissions limitations during periods of startup, shutdown, and malfunction. The petition is dismissed in part and denied in part."

Access the complete opinion (click here). [*Haz/Medical, *CADC]

Dairyland Power Cooperative v. United States - Jun 24: In the U.S. Court of Appeals, Federal Circuit, Case No. 2010-5110. The case concerns the Department of Energy's ("DOE's" or "the government's") breach of its obligation to accept spent nuclear fuel from the nation's nuclear power utilities. Liability is not at issue. The parties dispute various aspects of the U.S. Court of Federal Claims' damages award.

As described by the Appeals Court, first, the government contends that the trial court erred in awarding damages based on testimony that absent breach, the plaintiff would have successfully bargained its way to the front of DOE's fuel acceptance queue and would have transferred away all spent nuclear fuel in the first year of performance. Relatedly, Dairyland cross-appeals the amount of damages award, contending that the trial court erred in reducing the damages awarded by the cost of purchasing the exchange. Second, the government argues that the trial court erred in awarding the plaintiff damages to compensate for various indirect overhead costs it claims were caused by the breach. Third, the government contests the trial court's award of plaintiff's investment in an industry consortium to build a private spent fuel storage facility, particularly because, the government points out, plaintiff received significant equity in the venture for its investment. See generally Dairyland Power Coop. v. United States, 90 Fed. Cl. 615 (2009) (Trial Op.).

The Appeals Court explains that the appeal, like a number of others recently before or pending with this court, concerns the government's liability for damages in connection with its failure to develop a permanent solution for the storage of spent nuclear fuel (SNF). From 1967 to 1987, Plaintiff Dairyland Power Cooperative (Dairyland) operated a nuclear power plant in Genoa, Wisconsin called the La Crosse Boiling Water Reactor. The reactor is no longer active, but Dairyland maintains 38 metric tons of spent uranium there in a wet storage pool. The fact that there is SNF stored on-site prevents Dairyland from permanently decommissioning the La Crosse plant.

The Appeals Court ruled, "We hold that the Court of Federal Claims did not commit reversible error in three of these four issues. We therefore affirm the award of damages based on plaintiff's 'exchange' model and the award of indirect costs, as well as the cross-appealed discounting of plaintiff's damages. Regarding the plaintiff's investment in a private venture to build a spent fuel storage facility, we hold that the court was required to only award the cost of that investment to the extent it was made for mitigation, and not as a speculative venture for profit. We vacate the award of damages for the investment in the private fuel storage venture, and we remand for determination of the extent to which the investment was mitigation and the extent (if any) to which it was speculation."

The Appeals Court concludes, ". . .we affirm the Court of Federal Claims' award of damages based on Dairyland's 'exchange' model and its reasoning in awarding overhead and G & A costs. We also affirm its discounting of damages for the cost of the year-one delivery commitment schedules, which Dairyland raised on cross-appeal. We vacate those portions of the award concerning Dairyland's investment in PFS and remand for further proceedings."

Access the complete opinion (click here). [*Haz/Nuclear]

Federal Register Highlights

The following is a summary from our Daily REGTrak Bulletin* for:
Monday, June 27, 2011.

Federal Register

Vol. 76, Issue 123

There are 10 announcements in this issue -- GET THE LINKS! (click here)

1. ENERGY/OCS - FR. EPA. Outer Continental Shelf Air Regulations Consistency Update for Alaska PDF | Text |

2. AIR, CLIMATE - PR. EPA. Mandatory Reporting of Greenhouse Gases: Petroleum and Natural Gas Systems: Revisions to Best Available Monitoring Method Provisions PDF | Text |

3. AIR - ICR. EPA. Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; NESHAP for Solvent Extraction for
Vegetable Oil Production (Renewal) PDF | Text |

4. AIR - ICR. EPA. Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; Reporting and Recordkeeping
Requirements for National Volatile Organic Compound Emission Standards for Architectural Coatings, EPA ICR Number 1750.06, OMB Control Number 2060-0393 PDF | Text |

5. AIR - ICR. EPA. Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; NESHAP for Marine Tank Vessel Loading Operations (Renewal) PDF | Text |

6. AIR - ICR. EPA. Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; NSPS for Polymeric Coating of Supporting Substrates Facilities (Renewal) PDF | Text |

7. ENERGY/Efficiency - FRD. DOE/Office of Energy Efficiency and Renewable Energy. Energy Conservation Program: Energy Conservation Standards for Residential Furnaces and Residential Central Air Conditioners and Heat Pumps; Final Rule and Proposed Rule PDF | Text |

8. ENERGY/Efficiency - PR. DOE/Office of Energy Efficiency and Renewable Energy. Energy Conservation Program: Energy Conservation Standards for Residential Furnaces and Residential Central Air Conditioners and Heat Pumps; Final Rule and Proposed Rule PDF | Text |

9. ENERGY/Efficiency - ND. DOE/Office of Energy Efficiency and Renewable Energy. Technology Evaluation Process; Notice of request for information (RFI) comment period extension PDF | Text |

10. HAZ - FR. DOT/Pipeline and Hazardous Materials Safety Administration (PHMSA), Hazardous Materials: Revision to the List of Hazardous Substances and Reportable Quantities PDF | Text |

__________________________________

eNewsUSA... Friday, June 24, 2011

2011-06-24T16:33:00.001-04:00

Note: This is the complete issue of eNewsUSA for the day posted; but, it does not contain the links that regular subscribers receive in their daily issue. During this promotion you can review the complete issue each day on this blog; however, to get the links and continue to receive eNewsUSA on a daily basis you must subscribe @ $239/year http://bit.ly/l6t0MB; or, sign up for a free 30-day trial -- http://bit.ly/jJ3Sga.

In This Issue

-- NATIONAL/INTERNATIONAL NEWS --
EPA Sets Schedule For Boiler MACT & Solid Waste incinerator Rules
EIP Finds Coal Ash Sites With Groundwater Contamination In 19 States

H.R.1938 To Expedite Keystone XL Pipeline Moves To House Floor
SBA Advocacy Comments On EPA-Corps Clean Water Act Guidance
GOP & DEMS At Odds On FY12 NOAA Climate Service Proposal
OIG Report On BP & Enbridge Oil Spill Response Communications
EPA's Jackson To Chair Commission For Environmental Cooperation
$11.3 million For R&D Pioneering Geothermal Technologies

National / International News

EPA Sets Schedule For Boiler MACT & Solid Waste incinerator Rules - Jun 24: As part of a filing with the U.S. Court of Appeals for the DC Circuit, U.S. EPA has set a schedule for issuing updated air toxics standards for boilers and certain solid waste incinerators. To ensure that the Agency's standards are based on the best available data and the public is given ample opportunity to provide additional input and information, the Agency will propose standards to be reconsidered by the end of October 2011 and issue final standards by the end of April 2012. This is the best approach to put in place technically and legally sound standards that will bring significant health benefits to the American public.

Following the April 2010 proposals, the Agency received more than 4,800 comments from businesses and communities, including a significant amount of information that industry had not provided prior to the proposals. Based on this input, the Agency made extensive revisions that resulted in dramatic cuts in the cost of implementation, while maintaining maximum public health benefits. Because the final standards significantly differ from the proposal, however, EPA believed further public review was required and announced it would reconsider the standards.

After the final standards were issued, multiple industry groups petitioned the Agency to delay the effective date of standards for major source boilers and commercial and industrial solid waste incinerators. In May 2011, EPA announced it would stay the effective date of those standards [See WIMS 5/16/11]. EPA did not stay the effective date of the standards for boilers located at area sources of air toxic emissions.

In its filing with the Appeals Court, EPA said, "Petitioners Sierra Club, et al., (collectively Sierra Club) oppose holding the case in abeyance for any period longer than three months. Sierra Club does not address the appropriateness of the Court adjudicating challenges to a rule that may soon be modified as the result of the reconsideration process. Rather, Sierra Club's Opposition is based on its concern that the litigation, and the effective date of the rule, will be indefinitely delayed. Sierra Club's concern is misplaced. EPA intends to complete its reconsideration process expeditiously. Specifically, EPA intends to sign a proposed rule by October 31, 2011, and to sign a final rule by April 30, 2012, less than one year from now. Given the potential waste of judicial resources in proceeding to review this rule when it may be modified in a short time the case should be held in abeyance pending completion of the reconsideration process."

On June 22, responding to what they say are "urgent calls from job creators across a range of industries, bipartisan members of the U.S. House Committee on Energy and Commerce have introduced H.R.2250, the EPA Regulatory Relief Act of 2011. The proposal would direct EPA to develop achievable standards affecting non-utility boilers and incinerators and grants additional time for development of and compliance with the rules. The legislation would stay the boiler and incinerator rules and calls for EPA to repropose the rules within 15 months and extend compliance times from 3 to 5 years [See WIMS 6/22/11].

Access a release from EPA (click here). Access the filing with the Appeals Court (click here). Access complete information and background on the issue (click here). [*Air]

EIP Finds Coal Ash Sites With Groundwater Contamination In 19 States - Jun 23: A new analysis released by the Environmental Integrity Project (EIP) indicates that, "A large number of active coal ash disposal sites in 19 states may be violating a federal ban on open dumping. EIP notes that, "ironically, a House Subcommittee voted yesterday to prohibit federal enforcement action against coal ash disposal sites that violate these rules." [See WIMS 6/22/11].

According to a release, EIP found levels of groundwater contamination at 33 coal ash landfills or impoundments nationwide that are high enough to trigger the "open dumping" provisions of the Resource Conservation and Recovery Act (RCRA). "Based on a review of recent (though limited) groundwater monitoring data from state agencies, the 33 active coal ash disposal sites in 19 states -- Alabama, Arkansas, Florida, Iowa, Illinois, Indiana, Kentucky, Louisiana, North Carolina, North Dakota, Nebraska, Nevada, New York, Ohio, Oklahoma, Pennsylvania, South Dakota, Tennessee, and Texas -- meet the open dumping criteria for one or more of the following coal ash-related pollutants: arsenic, barium, cadmium, chromium, fluoride, lead, mercury, and selenium." EIP notes that groundwater that meets the open dumping criteria is toxic and unsafe to drink.

EIP Director Eric Schaeffer said, "EPA put rules in place in 1979 that should have forced closure or cleanup at contaminated sites long ago. Because EPA was prohibited by law from cracking down on open dumping violations, they have been largely ignored by industry, so the pollution continues to this day, and in some cases has gotten worse. Reenacting this charade by creating another 'imaginary program' -- as the House Subcommittee on Energy and Power just did on June 21 [i.e.H.R.2021, the Coal Residuals Reuse and Management Act] -- is pointless, and won't do anything to protect people who live near these dumps. If Congress is going to pass another law, they ought to make it enforceable, or stop wasting taxpayers' money on make-believe programs."

The existing "open dumping" rules were adopted in 1979 under Subtitle D of RCRA. EIP said U.S. EPA is prohibited from enforcing these requirements, and states receive no funds to implement these standards. The regulations require the closure or clean-up of dumps that pollute groundwater above certain drinking water limits, unless a State can show that the contamination will not affect actual or potential sources of drinking water. EIP evaluated groundwater data for arsenic, barium, cadmium, chromium, fluoride, lead, mercury, and selenium at the limited number of sites that required monitoring of these toxins.

EIP attorney and report author Abel Russ said, "Clean, drinkable groundwater is an essential natural resource. We know that major aquifers have been depleted or polluted and that in many places the availability of fresh water is declining. The remaining clean sources of groundwater must be protected with the full force of the law." EIP indicated that although there are hundreds of coal plants in the United States, groundwater monitoring data are rarely available. The 33 known "open dumps" are therefore expected to represent a much more widespread problem.

Beyond examining possible RCRA violations, the EIP report also finds that "groundwater contamination from coal ash is a long-lasting problem. One facility examined in the report stopped dumping coal ash in its landfill in 1977, but groundwater around the site is still contaminated today."

The full House Committee on Energy and Commerce was scheduled to markup and approve H.R.2021 on June 23; however, the consideration was delayed due to concerns raised by Ranking Member Henry Waxman (D-CA) regarding a Congressional Budget Office (CBO) estimate that the legislation would "most likely increase discretionary costs by more than $500 k over the next five years." As such, the bill would violate the "discretionary CutGo policy" established by Committee Chairman Fred Upton (R-MI). As a result, Chairman Upton postponed the markup until "a date and time to be announced."

Access a report announcement and link to the release and the complete report (click here). Access a letter from Rep. Waxman regarding the CutGo concerns (click here) [*Solid, *Drink, *Water, *Energy/Coal]

H.R.1938 To Expedite Keystone XL Pipeline Moves To House Floor - Jun 23: As expected, the U.S. Committee on Energy and Commerce, chaired by Congressman Fred Upton (R-MI), passed "bipartisan" legislation to expedite the controversial Keystone XL pipeline. The bill -- North American-Made Energy Security Act (H.R.1938) -- was approved by the Subcommittee on Energy and Power, chaired by Representative Ed Whitfield (R-KY), by voice vote on June 15 [See WIMS 6/15/11]. Chairman Upton is an original cosponsor of H.R.1938, which would expedite a Presidential Permit for a 1,661-mile extension of the energy pipeline from Alberta, Canada to refineries in the United States. According to a release, expansion of the pipeline would allow for the transportation of 1.3 million barrels of oil to the United States each day as well as create more than 100,000 jobs. The bill authored by Representatives Lee Terry (R-NE) and Mike Ross (D-AR), would require that the final Presidential Permit be issued by November 1, 2011. The bill passed the Committee by a bipartisan vote of 33-13 and now awaits action before the full House.

Chairman Upton said, "This is yet another instance of government bureaucracy impeding job creation and compromising our energy security. While our growing energy needs must be met with increases in domestic production, Michigan families would much rather look to our energy-producing allies to the north than a hostile regime overseas. Shifting our oil imports to a friendly neighbor while also creating countless jobs here at home is a matter of common sense." Upton had sent a letter to Secretary of State Hillary Rodham Clinton last November, urging the administration to promptly approve the Presidential Permit application.

Committee Ranking Member Henry Waxman (D-CA) Keystone XL pointed out that the project is "highly controversial" and the State Department received nearly 50,000 comments on the draft environmental impact statement. He said the bill "takes the extraordinary step of interfering in an ongoing decision-making process by the Secretary of State" which was established by Executive Orders issued by President Johnson and President George W. Bush. He said, "This bill overrides the executive orders and other federal law, and it short-circuits the decision-making process." He said, "My greatest concern is that Keystone makes us more reliant on the dirtiest source of fuel currently available. . . We should be reducing our oil dependence and using cleaner fuels. But Keystone is a big step in the opposite direction. . ."

Access a release from the Committee (click here). Access a release from Chairman Upton (click here). Access legislative details for H.R.1938 (click here). Access the Republican website for final approval (click here). Access the Democratic website for final approval (click here). [Energy/OilSands]

SBA Advocacy Comments On EPA-Corps Clean Water Act Guidance - Jun 22: On June 22, 2011, the Small Business Administration (SBA) Office of Advocacy submitted public comments to the U.S. Army Corps of Engineers and U.S. EPA on the proposed Guidance Regarding Identification of Waters Protected by the Clean Water Act [See WIMS 4/27/11]. On May 2, 2011, the agencies published the proposed Guidance for determining whether a waterway, water body, or wetland is protected by the Clean Water Act. The Guidance would replace previous guidance concerning the scope of protection for critical waters. The agencies are accepting comments on the action through July 1, 2011 (See links below).

SBA Advocacy encourages the Agencies to include in their economic analysis discussion of how increasing the number and kind of waters that will be subject to permitting requirements under the Clean Water Act will also increase small businesses expenses with respect to the Endangered Species Act (ESA). Advocacy also encourages the Agencies to consider commenters requests for additional time to comment on the proposed Guidance as well as requests to pursue the goals of the Guidance as a rulemaking as opposed to guidance.

Explaining further SBA Advocacy said, "Small businesses have expressed concern about the relationship between the Clean Water Act and the Endangered Species Act. The Clean Water Act is often cited as the federal nexus giving rise to Endangered Species Act obligations for small businesses. Thus, increasing the number and kind of waters that will be subject to permitting requirements under the Clean Water Act will also increase small businesses expenses with respect to the Endangered Species Act. It is not clear whether these costs were taken into account in the document entitled "Potential Indirect Economic Impacts and Benefits Associated with Guidance Clarifying the Scope of Clean Water Act Jurisdiction" that was published with the proposed Guidance."

On the "guidance" v. "rule" issue, SBA Advocacy said, "Advocacy is concerned that the Agencies are choosing to address the very important issue of the determination of jurisdictional decision in guidance rather than through the rulemaking process. Advocacy believes that imposition of the changes the Agencies propose in the Guidance is properly made through the rulemaking process as governed by the Administrative Procedure Act. Advocacy realizes that the Agencies are soliciting comments on the proposed guidance. However, the rulemaking process provides the public and small businesses with important protections beyond the ability to comment such as the right to a Regulatory Flexibility Analysis and the requirement that agencies respond to comments. . ."

A copy of Advocacy's comments and link to a fact sheet (click here). Access the EPA Docket for this action for background and to submit and review comments (click here). Access the Obama Administration's Clean Water Framework (click here). Access the draft Clean Water Act guidance from U.S. EPA and the U.S. Army Corps of Engineers with supporting documents and commenting instructions (click here). [*Water]

GOP & DEMS At Odds On FY12 NOAA Climate Service Proposal - Jun 22: The House Committee on Science, Space, and Technology held a hearing to review the Administration's FY12 budget request proposal to reorganize the National Oceanic and Atmospheric Administration (NOAA) to create a Climate Service. Witnesses included Dr. Jane Lubchenco, NOAA Administrator and Robert Winokur, Deputy Oceanographer with the U.S. Department of the Navy.

According to a Republican Committee background report, the Administration's FY12 budget request included a proposal for the creation of a Climate Service at NOAA. The stated goal of this new line office is to bring together NOAA's existing climate capabilities under a single entity to more efficiently and effectively respond to demands for climate services. According to NOAA, the Climate Service "will provide a single, reliable and authoritative source for climate data, information, and decision-support services to help individuals, businesses, communities and governments make smart choices in anticipation of a climate changed future."

The Committee report said "the proposal would constitute the largest reorganization of NOAA since its establishment in 1970." NOAA proposes to spend $346 million on the new Climate Service in FY12. It intends for this effort to be budget neutral, paid for through the transfer of transfer assets and resources from existing line offices. The assets that would move include: Three data centers from the National Environmental Satellite, Data and Information Service (NESDIS); Two science labs, including the Earth System Research Lab and the Geophysical Fluid Dynamics Lab, and the Climate Program Office from the Office of Oceanic and Atmospheric Research (OAR); and, The Climate Prediction Center and management oversight for the Climate Observing Network from the National Weather Service (NWS).

Committee Chairman Ralph Hall (R-TX) said, "My objection to this proposal has been the concern that the focus to create a climate service will severely harm vital research at NOAA by transferring resources away from fundamental science to mission-oriented research and service-driven products. More than half the resources of NOAA's research enterprise would be moved into a climate service. This proposal appears to contradict the notion that fundamental research must not be driven by operational demands." Representative Andy Harris (R-MD), Chairman of the Energy and Environment Subcommittee who chaired a portion of the hearing said, "On the topic of climate change, there's already evidence that the climate service could become a source of sensationalistic exaggeration, instead of science." Harris referenced "non-peer reviewed articles published in a NOAA-funded 'ClimateWatch Magazine' on the NOAA Climate Services website.

A Republican Committee release indicated that "NOAA announced its intent to create a climate service in early 2010, but today's hearing is the first time Congress has had the opportunity to fully examine the implications of transitioning several hundred million dollars of fundamental research into an operations-focused climate office. The proposal would constitute the largest reorganization of NOAA since its establishment in 1970. NOAA proposes to spend $346 million on the new Climate Service in FY12." The Committee said it had sent a series of questions for the record in March, some of which asked about the Climate Service proposal in order to provide the Committee further information and had note received any responses. Chairman Hall said, "It is very difficult for the Committee to conduct proper oversight of agencies if they are delinquent -- or at best evasive -- in responding to Member inquiries."

NOAA testified that "the reorganization is a proposal, and NOAA has not created a new Line Office. . . NOAA cannot meet the Nation's increased demand for this information with our current organizational structure. Our core climate science, information, and service activities are distributed across multiple line offices and therein inhibit our ability to efficiently target and deploy our resources and efforts. . . The Climate Service Line Office at NOAA would be a single point of contact in NOAA to provide credible, useful, and timely information products. . . The proposed Climate Service Line Office at NOAA would improve NOAA's organization, such that the agency can be a more accessible, transparent, and collaborative partner to achieve the agency's climate goals and to ensure that all Americans' needs for climate information are met. . . The proposed reorganization is good government. It comes at no additional cost to the American taxpayer, and would sustain NOAA's scientific research capabilities and focus them on these new challenges. . ."

Ranking Member Eddie Bernice Johnson (D-TX) reiterated a need for "timely, efficient long-term weather and climate information in light of recent extreme weather and climatic events around the country." She indicated, "New Federal analysis marks the halfway mark of 2011 among the most extreme weather years in history. Recent climate modeling results indicate that extreme weather events may become more common." Rep. Johnson said, "From the tornados in the South, drought and fires in the West, and flooding in the Midwest, regardless of their relation to climate change, we have seen in recent months how even isolated instances of these phenomena can devastate economies. That said; why would we not want to give people the tools and information needed to anticipate what is to come?"

Rep. Johnson submitted several letters of support for the record from stakeholders in various sectors urging Congress to support the NOAA's proposal for the creation of a climate service, citing increased demand from the public and industry for an integrated system of climate data and information. These letters included signatures from two former NOAA Under Secretaries, Vice Admiral Conrad Lautenbacher from the Bush Administration and Dr. James Baker from the Clinton Administration, as well as twenty-three U.S. businesses and climate and weather-related organizations, the Southern Regional Climate Center, the Midwestern Regional Climate Center, and the Desert Research Institute.

Access the Republican hearing website for the background memo, statements and testimony (click here). Access the Democrats hearing website for Rep. Johnson's opening statement (click here). Access a release from Rep. Johnson (click here). [*Climate]

OIG Report On BP & Enbridge Oil Spill Response Communications - Jun 23: U.S. EPA's Office of Inspector General (OIG) issued a new report entitled, EPA Actively Evaluating Effectiveness of Its BP and Enbridge Oil Spill Response Communications (No. 11-P-0273, June 23, 2011). The purpose of this review was to determine what actions EPA took to communicate oil spill risk to affected communities near the Gulf of Mexico and Michigan's Kalamazoo River.

According to the OIG, when a major oil spill occurs in the United States, coordinated teams of local, state, and national personnel are called upon to help contain the spill, clean it up, and ensure that damage to human health and the environment is minimized. EPA's emergency response played an integral role in two recent oil spills. On April 20, 2010, the Deepwater Horizon mobile offshore drilling unit exploded, resulting in an oil spill in the Gulf of Mexico, known as the BP oil spill. On July 26, 2010, the Enbridge oil spill occurred, releasing oil into Michigan's Kalamazoo River.

OIG concluded that EPA is actively evaluating the effectiveness of its spill response communications activities and said, "Because we found that the Agency has several ongoing efforts focused on lessons-learned activities, we did not continue into a field work phase of this assignment to evaluate the effectiveness of the Agency's communication efforts. We are closing this assignment upon issuing this report."

OIG indicated that the results and the interpretation of all data collected by EPA at the BP and Enbridge oil spills were shared with state and local decisionmakers, as well as the impacted communities, in a number of ways. EPA developed Quality Assurance Sampling Plans to collect further data on the chemical contamination in air, water, and sediments. EPA communicated with the general public via press conferences, fact sheets, community meetings, and the Internet and social networking media. Data results and interpretations were posted on the Internet. The results were also communicated to local and state decisionmakers to inform their decisions on actions such as voluntary evacuations and drinking water advisories to protect public health. In addition, EPA issued a request for proposals for grants totaling up to $300,000 to further communication efforts in the environmental-justice-designated communities impacted by the BP oil spill. EPA's response communications assisted states and other federal agencies in understanding the immediate and long-term impacts of oil contamination.

The OIG said EPA is completing lessons-learned exercises to evaluate the effectiveness of its response to both oil spill incidents. These retrospective reviews address, in part, the effectiveness of EPA's communication strategy and activities. The lessons-learned activities will allow the Agency to identify areas of success, as well as areas that could be improved upon in responding to future emergency situations. OIG makes no recommendations in the report, and said the Agency did not formally respond to a draft version of the report. A representative of EPA's Office of Emergency Response did state that the report was a good summary of spill response, coordination, and followup actions.

Access the complete 13-page report (click here). [*Energy/OilSpill, *MIEnergy/OilSpill]

EPA's Jackson To Chair Commission For Environmental Cooperation - Jun 22: At the end of the annual council session in Montreal, Canada, U.S. EPA Administrator Lisa Jackson assumed leadership of the Commission for Environmental Cooperation (CEC), a partnership with Canada and Mexico that fosters conservation, protection and enhancement of the North American environment. The partnership works to increase economic, trade and social links among the three countries to build healthy communities and ecosystems, a low carbon economy, and initiatives and projects that will help protect people's health across North America.

    The meeting with the Mexican and Canadian ministers of the environment, as well as representatives from across the three governments, focused on the goals of empowering communities to address environmental concerns, especially in states, tribes, and under-served communities, a priority of Administrator Jackson. To that end, the CEC directed $1.4 million to fund the North American Partnership for Environmental Community Action (NAPECA) to support communities in their efforts to locally address environmental problems across North America. The three areas of priorities for the CEC for the next five years are: Healthy communities and Ecosystems; Climate Change - Low-Carbon Economy; and Greening the Economy in North America

    Administrator Jackson will host next year's meeting in New Orleans. She said, "We're proud to be working with our partners in the Commission and view our time in the leadership role as an opportunity to facilitate even stronger collaboration. We are eager to join Canada and Mexico in making sure that the work of the CEC is being seen in robust interactions and real results at the community level and benefits for the people who are most vulnerable to health and environmental threats. This is an important time to ensure that our economic and environmental priorities are fully aligned and complementary, so that we are moving towards a prosperous and sustainable future. The work of the CEC is instrumental in shaping that future."

    Since 1994, Canada, Mexico and the United States have collaborated in protecting North America's environment through the North American Agreement on Environmental Cooperation (NAAEC), which came into force at the same time as the North American Free Trade Agreement (NAFTA), marking a commitment from each country that trade and economic growth would be accompanied by environmental protection. Accordingly, the NAAEC established the commission to address regional environmental concerns, help prevent potential conflicts between trade and environmental protection and promote the effective enforcement of environmental law.

    Access a release from EPA and link to more information on EPA's role in the CEC (click here). Access the CEC website for complete background and information (click here). [*All]

$11.3 million For R&D Pioneering Geothermal Technologies - Jun 23: U.S. Department of Energy (DOE) Secretary Steven Chu announced that eight projects in five states -- California, Connecticut, Louisiana, Texas, and Utah -- have been selected to receive up to $11.3 million to support the research and development of pioneering geothermal technologies. DOE said the projects selected will foster innovation in the technologies and methods used to generate geothermal energy, which will help strengthen U.S. energy security and increase America's competitiveness in the global clean energy economy. Continued innovation and technical advances will also help geothermal energy to play an important role in achieving President Obama's goal of generating 80 percent of U.S. electricity from clean energy sources by 2035.

Secretary Chu said, "Through these eight projects, the Department of Energy is investing in new technologies that will further develop the nation's geothermal resources and help diversify our energy portfolio. By investing in geothermal research and development, we are investing in our nation's energy future and creating opportunities for energy innovation in the U.S." The projects aim to develop fundamentally new ways of producing electricity from the Earth's heat. Selected projects will conduct feasibility studies in Phase I, including technical and economic modeling and component design for technologies that recover geothermal heat for electricity production. If selected for Phase II, projects will then validate the designs in real-world environments. The selected projects are part of the Department's comprehensive efforts to reduce the cost of geothermal energy to be competitive with conventional sources of electricity.

Access a release from DOE with a summary of the projects and link to DOE's Geothermal Technologies Program (click here). [*Energy/Geo]

Federal Register Highlights

The following is a summary from our Daily REGTrak Bulletin* for:

Friday, June 24, 2011.

Federal Register

Vol. 76, Issue 122

There are 3 announcements in this issue -- GET THE LINKS! (click here)

1. DRINK - FR. EPA. Expedited Approval of Alternative Test Procedures for the
Analysis of Contaminants Under the Safe Drinking Water Act; Analysis and Sampling Procedures PDF | Text |

2. TOXICS - PR. EPA. Synchronizing the Expiration Dates of EPA Pesticide Applicator Certificates With the Underlying State or Tribal Applicator Certificate PDF | Text |

3. ALL - NM. EPA. National Advisory Council for Environmental Policy and Technology PDF | Text |

__________________________________

eNewsUSA... Thursday, June 23, 2011

2011-06-23T16:03:00.001-04:00

Note: This is the complete issue of eNewsUSA for the day posted; but, it does not contain the links that regular subscribers receive in their daily issue. During this promotion you can review the complete issue each day on this blog; however, to get the links and continue to receive eNewsUSA on a daily basis you must subscribe @ $239/year http://bit.ly/l6t0MB; or, sign up for a free 30-day trial -- http://bit.ly/jJ3Sga.

In This Issue

-- NATIONAL/INTERNATIONAL NEWS --
IEA Countries To Release 60 Million Barrels Of Reserve Oil
House Republicans Approve Jobs & Energy Permitting Act
Major USGS Science Report On Alaska Offshore Oil & Gas
Climate Change Torts Thrown Out of Court
EPA Identifies 7 Sites For Fracking Impact Assessments
Business Roundtable Supports EPA Regulatory Relief Act
U.S. Ethanol Subsidies Inflating Maize Prices By 17% In 2011

National / International News

IEA Countries To Release 60 Million Barrels Of Reserve Oil - Jun 23: International Energy Agency (IEA) Executive Director Nobuo Tanaka announced that the 28 IEA member countries, including the United States, have agreed to release 60 million barrels (mb) of oil in the coming month in response to the ongoing disruption of oil supplies from Libya. IEA said this supply disruption has been underway for some time and its effect has become more pronounced as it has continued. The normal seasonal increase in refiner demand expected for this summer will exacerbate the shortfall further. Greater tightness in the oil market threatens to undermine the fragile global economic recovery.

    In deciding to take the collective action, IEA member countries agreed to make "2 million barrels of oil per day" available from their emergency stocks over an initial period of 30 days. Leading up to this decision, the IEA has been in close consultation with major producing countries, as well as with key non-IEA importing countries. Tanaka said, "Today, for the third time in the history of the International Energy Agency, our member countries have decided to release stocks. I expect this action will contribute to well-supplied markets and to ensuring a soft landing for the world economy."

    The IEA estimates that the unrest in Libya had removed 132 mb of light, sweet crude oil from the market by the end of May. Although there are huge uncertainties, analysts generally agree that Libyan supplies will largely remain off the market for the rest of 2011. Given this loss and the seasonal increase in demand, the IEA warmly welcomes the announced intentions to increase production by major oil producing countries. As these production increases will inevitably take time and world economies are still recovering, the threat of a serious market tightening, particularly for some grades of oil, poses an immediate requirement for additional oil or products to be made available to the market. The IEA collective action is intended to complement expected increases in output by these producing countries, to help bridge the gap until sufficient additional oil from them reaches global markets.

    Total oil stocks in IEA member countries amount to over 4.1 billion barrels, and nearly 1.6 billion barrels of this are public stocks held exclusively for emergency purposes. IEA net oil-importing countries have a legal obligation to hold emergency oil reserves equivalent to at least 90 days of net oil imports. These countries are holding stock levels well above this minimum amount, currently at 146 days of net imports.The IEA Governing Board will within 30 days of this notice reassess the oil market, review the impact of their coordinated action and decide on possible future steps.

In the United States, Department of Energy Secretary Steven Chu announced that the U.S. and its partners in IEA have decided to release a total of 60 million barrels of oil onto the world market over the next 30 days to offset the disruption in the oil supply caused by unrest in the Middle East. He said the U.S. will release "30 million barrels" of oil from the Strategic Petroleum Reserve (SPR). The SPR is currently at a historically high level with 727 million barrels. Chu said, "We are taking this action in response to the ongoing loss of crude oil due to supply disruptions in Libya and other countries and their impact on the global economic recovery. As we move forward, we will continue to monitor the situation and stand ready to take additional steps if necessary."

Chu indicated that the U.S. has been in close contact with oil producing and consuming countries about disruptions to the international oil market that could affect the global economy. The situation in Libya has caused a loss of roughly 1.5 million barrels of oil per day - particularly of light, sweet crude - from global markets. As the U.S. enters the months of July and August, when demand is typically highest, prices remain significantly higher than they were prior to the start of the unrest in Libya.

The United Kingdom (UK) is contributing some "3 million barrels." Chris Huhne, UK Secretary of State for Department of Energy and Climate Change said, "This coordinated global action shows that both producer and consumer nations around the world are taking decisive steps to ensure enough oil is available. That's why we strongly welcome Saudi Energy Minister al-Naimi's statement earlier this month that Saudi Arabia and other Gulf countries will increase oil production to supply whatever the market needs."

House Speaker John Boehner (R-OH) released a statement on the SPR announcement saying, "Everyone wants to help the American people and lower prices at the pump -- especially now, in tough economic times. And it is good that the Obama Administration is conceding that increased supply will lower those costs. But by tapping the Strategic Petroleum Reserve, the President is using a national security instrument to address his domestic political problems. The SPR was created to mitigate sudden supply disruptions. This action threatens our ability to respond to a genuine national security crisis and means we must ultimately find the resources to replenish the reserve -- at significant cost to taxpayers. There is a better way: we need a sensible energy policy to increase the supply of American energy, which will lower costs and create millions of American jobs. According to the Congressional Research Service, the U.S. has 163 billion barrels of recoverable oil. Unfortunately, this administration has consistently blocked the production of American-made energy and opposed legislative efforts in the House to increase supply. House Republicans will continue to advance the American Energy Initiative and work to lower gas prices and create jobs by responsibly increasing the production of energy here at home."

House Minority Leader Nancy Pelosi (D-CA) issued a statement saying, "Today, America's families face near-record prices at the pump while Big Oil rakes in near-record profits. With speculators and special interests standing in the way of lower gas prices, with Republican leaders supporting continued giveaways to the oil industry and letting speculators off the hook, and with Middle East unrest disrupting the supply of oil worldwide, we must do everything in our power to ease the burden on American consumers. The Obama Administration is fulfilling this charge by releasing oil from our national stockpile to bring relief to our middle class, responding to calls by House Democrats, led by Congressmen Bishop and Markey. We are already seeing the results in falling oil prices. This action echoes Democratic legislation in our Clean Energy Jobs Now agenda -- the Taxpayer and Gas Price Relief Act -- that calls for a release from the SPR during periods of high gas prices, along with an end to tax breaks for Big Oil. We are sending a clear message to speculators: we stand with American consumers and businesses; we will keep working to alleviate their economic struggles; and we will place our families' interests ahead of Big Oil's bottom line."

The National Petrochemical & Refiners Association (NPRA) President Charles Drevna criticized the decision by the Obama administration to release 30 million barrels of oil from the SPR. He said, "Releasing oil from the Strategic Petroleum Reserve today, when gasoline prices are falling and there is no supply shortage, makes no sense and weakens our economic and national security. The Strategic Petroleum Reserve is an emergency lifeline to protect our nation against critical shortages in our oil supply and shouldn't be used as a Strategic Political Reserve to boost the popularity of elected officials.

"This action today will do nothing to benefit consumers. Instead, it leaves our nation vulnerable if hurricanes, other natural disasters or a foreign crisis causes a real supply shortage. These are the types of emergencies the Strategic Petroleum Reserve was created to protect against. Instead of releasing 30 million barrels of oil from our emergency supply when there is no emergency, our leaders should be drawing up plans to lift the roadblocks preventing our nation from utilizing the billions of barrels of oil and natural gas reserves right here in America. This would produce more energy, more jobs and economic prosperity. No other nation puts so many limits on the use of its own natural resources to benefit its own people."

The U.S. Chamber of Commerce also said it thinks the release of SPR oil "is bad energy policy." Karen Harbert, president and CEO of the U.S. Chamber's Energy Institute said,

"The Obama Administration's decision to release oil from the Strategic Petroleum Reserve is ill-advised and not the signal the markets need. Unrest in the Middle East is likely to continue for quite some time, so a temporary increase in supply is not a substitute for a long term fix. Our reserve is intended to address true emergencies, not politically inconvenient high prices. Rather than dabbling around the edges, the Administration should take steps to increase domestic production of oil -- on and offshore, like the bill the House passed last night. With U.S. crude oil production expected to decrease by 90 million barrels in the next year, the Administration should instead focus on increasing domestic production to improve our energy security, reduce our dependence on foreign oil, and create thousands of jobs."

Access a release from IEA (click here). Access a fact sheet from IEA with more details (click here). Access a table of IEA members and their latest import levels and public and private reserve levels (click here). Access a release from DOE (click here). Access a release from the UK (click here). Access a release from Speaker Boehner (click here). Access a release from Rep. Pelosi (click here). Access a release from NPRA (click here). Access a release from the U.S. Chamber Energy Institute (click here). [*Energy/Oil]

House Republicans Approve Jobs & Energy Permitting Act - Jun 22: In yet another Republicans v. Democrats battle, this time in the U.S. House, Republican Representatives voted to approve the Jobs and Energy Permitting Act (JEPA, H.R.2021) by a vote of 253-166 -- 230 Republicans and 23 Democrats voted for the measure; while 164 Democrats and 2 Republicans voted against it. Republicans said the bill, sponsored by Representatives Cory Gardner (R-CO) and Gene Green (D-TX), would "create jobs and strengthen America's energy security" and is part of the GOP's American Energy Initiative.

House Speaker John Boehner (R-OH) released a statement saying, "If the CBO's dire budget outlook tells us anything, it's that we need to do all we can to spur long-term economic growth. By eliminating permit delays that have stifled offshore energy exploration, this bill will expand American energy production to help lower energy prices and create tens of thousands of new jobs. Today's action by the House builds on previous legislation designed to stop the EPA from imposing a job-crushing national energy tax and end the Obama Administration's de facto moratorium on offshore energy. And House committees are hard at work crafting more American Energy Initiative legislation that will expand energy production to help create jobs and block policies that drive up prices on families and small businesses. "

In a release from the House Energy and Commerce Committee, Republicans said, "The Jobs and Energy Permitting Act. . . will eliminate the administration's bureaucratic delays that have stalled offshore energy production in the Outer Continental Shelf. Development of these waters would bring billions of barrels of domestic oil online and create tens of thousands of American jobs." Committee Chairman Fred Upton (R-MI) lent his support to the legislation stating, "This bipartisan bill is about jobs and energy security. It is about cutting through the red tape and harnessing our vast resources. This is the kind of common-sense, job-creating, energy-producing legislation the American people sent us here to deliver."

Rep. Gardner said, "This bill doesn't just relate to Alaska -- it has to do with every American who is forced to suffer high gas prices and who wants to see our nation weaned off Middle East oil. Exploration in Alaska will bring relief at the pump, take us one step closer toward energy independence and create tens of thousands of jobs in Alaska and the rest of the country."

JEPA would amend the Clean Air Act to among other things:

clarify that the air quality impacts of any Outer Continental Shelf source are to be measured solely with respect to the impacts in the corresponding onshore area
to clarify that while the emissions from any vessel servicing or associated with an OCS Source are to be considered direct emissions from such source, such vessels are not subject to emissions control requirements under the CAA's Prevention of Significant Deterioration of Air Quality Program
adds a new subsection that requires final agency action be taken on platform or drill ship exploration OCS Source permits no later than 6 months after a completed application is filed, with no administrative stay of the permit after such time period
prohibits the EPA Environmental Appeals Board from considering platform or drill ship exploration OCS Source permits

At the full Committee markup on June 1, Ranking Member Henry Waxman (D-CA) said, "H.R. 2021, legislation to amend the Clean Air Act to expedite air permits for oil and gas operations on the Outer Continental Shelf. Although this legislation has been promoted as an effort to address a limited problem relating to the coast of Alaska, this legislation would affect over 20 other coastal states and territories. And according to testimony received by the Subcommittee on Energy and Power, this legislation would do great damage to air quality in California and other coastal states. . .

"The result is a bill that will produce more pollution, more litigation, and less public participation. . . The Republicans say that it shouldn't take five years to get a permit. I agree, and EPA has explained that Shell's permits have not taken anywhere near five years. But this bill allows EPA just six months. The EPA Assistant Administrator for Air and Radiation testified that six months is too short to allow adequate technical analysis and public participation. I don't know why this Committee would simply ignore her views. . ."

Access a Republican Committee release and link to a video of Rep. Gardner's remarks on the House floor (click here). Access the statement from Speaker Boehner (click here). Access legislative details for H.R.2021 (click here). Access the roll call vote (click here). Access the Committee background summary of JEPA (click here). Access the statement from Rep. Waxman and webcast of the Committee markup (click here). [*Energy/OilGas]

Major USGS Science Report On Alaska Offshore Oil & Gas - Jun 23: In response to a request from Department of Interior (DOI) Secretary Ken Salazar, the U.S. Geological Survey (USGS) released the "science gap and sufficiency" report evaluating science needed to better inform decisions regarding oil and natural gas exploration and development in the Beaufort and Chukchi Seas off Alaska. In March, 2010, Secretary Salazar directed the USGS -- as part of a comprehensive, science-based approach to energy development on the Outer-Continental Shelf -- to perform a study to determine what the science gaps were in Outer Continental Shelf (OCS) energy development in the Arctic, particularly focusing on the Chukchi and Beaufort Seas.

Salazar said in announcing the report, "There is significant potential for oil and gas development in U.S. Arctic waters, but this is a frontier area with harsh weather conditions as well as unique fish and wildlife resources that Alaska's indigenous people rely on for subsistence. To make responsible decisions, we need to understand the environmental and social consequences of development and plan accordingly. This study is helpful in assessing what we know and will help inform determinations about what we need to know to develop our Arctic energy resources in the right places in the right way."

The report summarizes the large volume of existing scientific information, much of it conducted under the auspices of the Environmental Studies Program of the Bureau of Ocean Energy Management, Regulation and Enforcement (BOEMRE); identifies where knowledge gaps exist; and provides initial guidance on new and continuing research that could improve decision-making. More than 50 findings and an equal number of recommendations are contained in the 279-page report, entitled An Evaluation of the Science Needs to Inform Decisions on Outer Continental Shelf Energy Development in the Chukchi and Beaufort Seas, Alaska.

USGS Director Marcia McNutt said, "I want to applaud the USGS team for the very thorough and inclusive way in which they conducted this study of the Arctic. They examined more than 400 scientific publications, workshop findings and science policy documents; met with more than 40 individuals and organizations that have research or science assessments on these areas; and held a series of discussions with key stakeholders, including North Slope and Native Alaskan interests, the oil industry, federal agencies, the State of Alaska, and non-governmental organizations. Their work demonstrates that extensive scientific information already exists in this area and is proliferating rapidly. This USGS study provides a significant review of the science available in order to clarify its scope and help us understand what else we need to know and how to get there."

Among the major areas noted in the report where additional scientific research, analysis and synthesis could reduce uncertainties include the following:

Developing a better understanding of the effects of climate change on physical, biological and social conditions as well as resource management strategies in the Arctic;
Developing foundational geospatial data on the Arctic Outer Continental Shelf;
Synthesizing existing scientific information on a wide range of topics on the Arctic;
Building upon advances in spill-risk evaluation and response knowledge by developing better information on key inputs to spill models (such as oceanographic, weather, and ecological data);
Improving dialogue and using collaborative, comprehensive science planning, both domestically and internationally.

Access a release from DOI (click here). Access a fact sheet on the Arctic study (click here). Access the complete report (click here). [*Energy/OCS]

Climate Change Torts Thrown Out of Court - Jun 20: Barnes & Thornburg LLP, one of the WIMS Corporate Sponsors, issued an Environmental Alert entitled, Climate Change Torts Thrown Out of Court. The alert addresses the June 20, United States Supreme Court 8-0 decision in American Electric Power Co., Inc., et al. v. Connecticut, et al ., No. 10-174 [See WIMS 6/20/11]. In the decision the Supreme Court decided that Federal common law public nuisance claims could not be maintained against carbon-dioxide and greenhouse gas (GHG) emitting entities. The Court held that such claims were barred because the Federal Clean Air Act (Act) displaces such common law nuisance claims.

Barnes & Thornburg says in part, "In reversing the Second Circuit, the Supreme Court held that the federal common law claims had been replaced by the Clean Air Act despite the fact that EPA has not yet issued emission standards for GHGs [emphasis in original]. The Court reasoned that because the Act sets into place the procedures for EPA to promulgate GHG standards as well as the procedures for judicial coercion if EPA does not, is ample evidence that Congress has 'occupied the field' and the use of federal common-law should be foreclosed. The Court further explained that courts setting emission standards with judicial decrees was inappropriate given that experts at EPA are more qualified to develop and promulgate standards given their knowledge of science, economics and technological resources. How this decision impacts Congress and EPA regulation of GHGs also will be very important to follow in the coming months."

Barnes & Thornburg also comments on future litigation saying, "As to the future of climate change-related litigation, some have speculated that the Supreme Court's decision preventing the AEP case from going forward will put an end to climate change-related tort litigation. Others have opined that this outcome is only a temporary setback, and additional legal theories will be developed and tested. The Supreme Court specifically did not decide whether the Act preempts state public nuisance litigation over GHGs. Thus, some plaintiff groups likely will press state common law claims in the future, but may still be met with defenses of 'political question' and 'preemption' based on the AEP case and other precedent. The implications of this decision on other environmental 'toxic tort' litigation where there are statutory programs addressing the contested conduct also will be important to watch."

Access the complete Barnes & Thornburg LLP Environmental Law Alert (click here). Access the Barnes & Thornburg website for additional information (click here). Access information on becoming a WIMS Corporate Sponsor (click here). [*Climate]

EPA Identifies 7 Sites For Fracking Impact Assessments - Jun 23: U.S. EPA announced the next steps in its Congressionally mandated hydraulic fracturing study (including in the FY10 budget report). EPA has identified seven case studies to help inform the assessment of potential impacts of hydraulic fracturing on drinking water resources. The sites identified were selected following extensive input from stakeholders, including the public, local and state officials, industry, and environmental organizations. To ensure the Agency maintains the current timeline for the study, it will begin field work in some of the selected regions this summer. EPA indicated in a release that, "Natural gas plays a key role in the nation's energy future. EPA is working closely with other federal partners to ensure that this important resource can be developed safely." Initial research results are expected by the end of 2012 with a goal for a report in 2014.

Paul Anastas, Assistant Administrator for EPA's Office of Research and Development said, "This is an important part of a process that will use the best science to help us better understand the potential impacts of hydraulic fracturing on drinking water. We've met with community members, state experts and industry and environmental leaders to choose these case studies. This is about using the best possible science to do what the American people expect the EPA to do -- ensure that the health of their communities and families are protected." The studies, which will take place in regions across the country, will be broken into two study groups.

    Two of the seven sites were selected as prospective case studies where EPA will monitor key aspects of the hydraulic fracturing process throughout the lifecycle of a well. These areas are located in: Haynesville Shale - DeSoto Parish, LA; Marcellus Shale - Washington County, PA. Five retrospective case studies were selected and will examine areas where hydraulic fracturing has occurred for any impact on drinking water resources. These are located in: Bakken Shale - Kildeer, and Dunn Counties, ND; Barnett Shale - Wise and Denton Counties, TX; Marcellus Shale - Bradford and Susquehanna Counties, PA; Marcellus Shale - Washington County, PA; and Raton Basin - Las Animas County, CO.

    The information gathered from the case studies will be part of an approach which includes literature review, collection of data and information from states, industry and communities, laboratory work and computer modeling. EPA said, "The combination of these materials will allow us to do a more comprehensive assessment of the potential impacts of hydraulic fracturing on drinking water resources. The study will continue to use the best available science, independent sources of information, and will be conducted using a transparent, peer-reviewed process, to better understand any impacts associated with hydraulic fracturing."

    EPA invited stakeholders from across the country to participate in the identification of potential case studies through informational public meetings and the submission of electronic or written comments. Following thousands of comments, over 40 case studies were nominated for inclusion in the study. The case studies were identified, prioritized and selected based on a rigorous set of criteria. The criteria included proximity of population and drinking water supplies to activities, concerns about impaired water quality (retrospective only) and health and environmental impacts (retrospective only), and knowledge gaps that could be filled by the case study. Sites were prioritized based on geographic and geologic diversity, population at risk, site status (planned, active or completed), unique geological or hydrology features, characteristics of water resources, and land use.

Access a release from EPA (click here). Access the draft study plan and additional information (click here). [*Energy/Frack]

Business Roundtable Supports EPA Regulatory Relief Act - Jun 22: The Business Roundtable President John Engler issued a statement of support for the EPA Regulatory Relief Act (H.R.2250) introduced on June 22 [See WIMS 6/22/11]. The bill would stay and calls for reproposing four major EPA rules affecting non-utility boilers and incinerators including: (1) National Emission Standards for Hazardous Air Pollutants for Major Sources: Industrial, Commercial and Institutional Boilers and Process Heaters ("Boiler MACT"); (2) National Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial, Commercial and Institutional Boilers ("Area Source Rule"); (3) Standards of Performance and Emissions Guidelines for Existing Sources: Commercial and Industrial Solid Waste Incineration Units ("CISWI Rule"), and (4) Identification of Non-Hazardous Secondary Materials That Are Solid Waste ("NHSM Rule").

Engler said, "New legislation in the U.S. House, the EPA Regulatory Relief Act, is the right approach to forestall excessive, economy-damaging regulation by the Environmental Protection Agency of industrial boilers and incinerators. Business Roundtable welcomes today's introduction of H.R. 2250 by a bipartisan group of members of the House Energy and Commerce Committee. The bill provides a reasonable, balanced and cost-effective strategy to give the EPA time to set workable rules on the boilers. After the many months of EPA consideration and court challenges, it has become clear that legislation is necessary to protect job creation and economic growth. Without congressional action, businesses could be forced to spend billions of dollars that could be better used to invest in new jobs and products. U.S. competitiveness would suffer a serious blow.

"The House bill will allow the EPA to move forward while striking the right balance to sustain the environment, public health and the economy. The EPA Regulatory Relief Act also recognizes industry's legitimate interest in matching the right technology with its operations to reduce air pollution. The time has come for Congress to prevent the economic harm and job loss that would result from the EPA's regulatory overkill on industrial boilers. We hope the House and Senate move quickly to enact this legislation."

The Business Roundtable is an association of chief executive officers of leading U.S. companies with nearly $6 trillion in annual revenues and more than 12 million employees. Member companies comprise nearly a third of the total value of the U.S. stock markets and pay more than 60 percent of all corporate income taxes paid to the Federal government. Annually, they return more than $167 billion in dividends to shareholders and the economy. Business Roundtable companies give more than $7 billion a year in combined charitable contributions, representing nearly 60 percent of total corporate giving. They are technology innovation leaders, with more than $111 billion in annual research and development spending -- nearly half of all total private R&D spending in the U.S.

Access the statement from the Business Roundtable (click here). [*Air, *Haz]

U.S. Ethanol Subsidies Inflating Maize Prices By 17% In 2011 - Jun 22: A release from the International Centre for Trade and Sustainable Development (ICTSD), with record food prices and volatile markets topping the agenda for the June 22-23 summit of G-20 agriculture ministers, a new study finds that U.S. ethanol subsidies may have artificially inflated maize prices by as much as 17 percent in 2011. The study, written by Professor Bruce Babcock of the Center for Agricultural and Rural Development at Iowa State University for the Centre, suggests that high gasoline prices this year may have intensified demand for ethanol, creating a tighter market for maize than in previous years.

Babcock said, "Under these tight conditions, the added demand incentive from the blender tax credit can have a significant impact on maize prices. Additional flexibility in U.S. policy could be introduced by relaxing blending mandates when feedstock supplies are low." Babcock proposes that one option could be to allow fuel blenders greater flexibility to bank or borrow blending credits when meeting their blending obligations.

A series of modeling exercises suggest that biofuel policies may also have sparked higher maize prices in past years, although to a much lesser extent. A simulation of prices for the 2005-09 marketing years finds that U.S. biofuel policies may have boosted maize prices by around 7 percent in the 2007 marketing year, and that smaller price effects may also have occurred on other products. Babcock said, "This is a modest impact because the average maize price in 2007 was more than $2.00 per bushel higher than the average price in 2004 or 2005." The study indicated that during the 2005-09 period, the effect of U.S. ethanol subsidies on the price of wheat, rice and soybeans was much less than its impact on maize, with support policies inflating the price of soybeans by around 2.8 percent in 2008.

The study suggests that U.S. biofuel policies played a role in magnifying maize price increases -- although market-driven ethanol expansion has been primarily responsible for pushing prices higher in recent years. If U.S. ethanol production had not expanded beyond 2004 levels, then maize prices in 2009 would have been about 21 percent lower than they actually were. Wheat and soybean prices would have been about 9 and 5 percent lower, respectively. Under current market conditions, U.S. biodiesel production from soybean oil only occurs because U.S. consumption of biodiesel is mandated. Babcock said, "The cost of producing biodiesel from soybean oil would otherwise be prohibitive."

Arguing that "there is no rationale for the blender tax credit", Babcock said his study's findings indicate the need for a more flexible U.S. biofuel policy. The blender tax credit only helps the biofuel industry in years when high gasoline prices stimulate demand beyond mandated levels -- in which case it does so at great cost to the livestock sector, which has to absorb the inflated cost of maize that is used to feed animals.

Access a release from ICTSD and link to the complete study and related documents (click here). [*Energy/Biofuels]

Federal Register Highlights

The following is a summary from our Daily REGTrak Bulletin* for:
Thursday, June 23, 2011.

Federal Register

Vol. 76, Issue 121

There are 7 announcements in this issue -- GET THE LINKS! (click here)

1. WATER - NM. EPA. Proof of Concept Demonstration for Electronic Reporting of Clean Water Act Compliance Monitoring Data: Announcement of Meeting and Demonstration PDF | Text |

2. HAZ/Nuclear - NM. EPA. Science Advisory Board Staff Office; Notification of a Public Teleconference and Meeting of the SAB Radiation Advisory Committee for
the Advisory Review of EPA's Draft Technical Report Pertaining to Uranium and Thorium In-Situ Leach Recovery and Post-Closure Stability Monitoring PDF | Text |

3. TOXICS - NM. EPA. Notice of Meeting of the EPA's Children's Health Protection
Advisory Committee (CHPAC) PDF | Text |

4. AIR, ENERGY/Coal, CLIMATE - ND/Petition Denial. EPA. Clean Air Act Operating Permit Program; Petition for Objection to State Operating Permit for TransAlta Centralia Generation, LLC--Coal-Fired Power Plant; Centralia, Washington PDF | Text |

5. SOLID, HAZ, P2 - ICR. EPA. Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; EPA's WasteWise Program (Renewal) PDF | Text |

6. AIR - ICR. EPA. Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; Significant New Alternatives Policy (SNAP) Program (Renewal) PDF | Text |

7. ENERGY/Efficiency - ND. DOE/Office of Policy and International Affairs. Draft Competition Rules for a Global Appliance Efficiency Award for Televisions PDF | Text |

__________________________________

eNewsUSA... Wednesday, June 22, 2011

2011-06-22T16:33:00.001-04:00

Note: This is the complete issue of eNewsUSA for the day posted; but, it does not contain the links that regular subscribers receive in their daily issue. During this promotion you can review the complete issue each day on this blog; however, to get the links and continue to receive eNewsUSA on a daily basis you must subscribe @ $239/year http://bit.ly/l6t0MB; or, sign up for a free 30-day trial -- http://bit.ly/jJ3Sga.

In This Issue

-- NATIONAL/INTERNATIONAL NEWS --
House Members Introduce EPA Regulatory Relief Act
GAO Report Analyzes Complex Federal Climate Change Funding
Economic Development Adm. Reauthorization Fails In Senate
Subcommittee Approves Coal Residuals Reuse and Management Act
$3 Million To Support Chemical Toxicity & Liver Research
GenOn Mid-Atlantic v. Montgomery Co., MD
Greif Industrial Packaging v. R. Sharp, III

National / International News

House Members Introduce EPA Regulatory Relief Act - Jun 22: Responding to what they say are "urgent calls from job creators across a range of industries, bipartisan members of the U.S. House Committee on Energy and Commerce have introduced H.R.2250, the EPA Regulatory Relief Act of 2011. The proposal, which directs EPA to develop achievable standards affecting non-utility boilers and incinerators and grants additional time for development of and compliance with the rules, was offered by Representatives Morgan Griffith (R-VA) and G.K. Butterfield (D-NC), together with Representatives John Barrow (D-GA), Jim Matheson (D-UT), Cathy McMorris Rodgers (R-WA), Pete Olson (R-TX), Mike Ross (D-AR), and Steve Scalise (R-LA). The lawmakers said economic analyses have "projected that compliance with the rules as currently proposed could cost in excess of $14 billion, which could put more than 200,000 jobs at risk."

In a joint statement the legislators said, "Our goal is simple. With the EPA Regulatory Relief Act, we are giving EPA the time it needs -- the time it has requested -- to address difficult technical issues and develop rules that are workable in the real world. Likewise, businesses, institutions, and facilities need adequate time to finance the new monitoring and control equipment that will be required to meet the new standards, to obtain necessary regulatory approvals, and to design, procure, install, test, train personnel, and start up equipment. Without regulatory relief, EPA's current rules endanger hundreds of thousands of jobs nationwide by forcing plant shutdowns and relocation of American manufacturing and jobs overseas. We look forward to working with our colleagues on both sides of the aisle, and the Obama administration, to see this type of common-sense relief become law."

Energy and Commerce Committee Chairman Fred Upton (R-MI) lent his support to the legislation, endorsing what he called "the members' bipartisan approach to protecting jobs and pursuing sensible regulations." He said, "All year long, the Energy and Commerce Committee has focused on creating jobs and spurring economic growth. The EPA Regulatory Relief Act is exactly the brand of regulatory common sense we promised. This bill gives EPA the time it needs to write rules that make sense, and it gives businesses, schools, and other affected facilities the time they need to put the rules into action. This bill is proof positive that Members can work together to protect jobs and guard against regulatory overreach."

On February 23, 2011, in response to Federal court orders in Sierra Club v. EPA requiring the issuance of final standards [See WIMS 1/21/11], U.S. EPA issued final Clean Air Act standards for boilers and certain incinerators -- the so-called "Boiler MACT" rules [See WIMS 2/23/11]. In response to a September 2009 court order, EPA issued the proposed rules in April 2010, prompting significant public input. The proposed rules followed a period that began in 2007, when a Federal court vacated a set of industry specific standards proposed during the Bush Administration. Based on the public input received following the April 2010 proposal, EPA made extensive revisions, and in December 2010, requested additional time for review to ensure the public's input was fully addressed. EPA had sought in its motion to the court an extension to finalize the rules by April 13, 2012. Instead, the court granted EPA only 30 days and it issued the final rules on March 21, 2011.

On May 16, 2011, EPA announced a temporary stay of the effective date of two of the rules (Boiler MACT and CISWI Rules), stating, "[t]he stay will allow the agency to seek additional public comment before requiring thousands of facilities across multiple, diverse industries to make investments that may not be reversible if the standards are revised following reconsideration and a full evaluation of all relevant data." The Members pointed out that, "The stay will last only until completion of the reconsideration process (or the judicial review of the rules if earlier). The stay does not apply to the other two rules and does not extend the compliance deadlines for any of the four rules." [See WIMS 5/16/11].

H.R.2250 would stay the four proposed EPA rules including:

(1) National Emission Standards for Hazardous Air Pollutants for Major Sources: Industrial, Commercial, and Institutional Boilers and Process Heaters, published at 76 Fed. Reg. 15608 (March 21, 2011).

(2) National Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial, Commercial, and Institutional Boilers, published at 76 Fed. Reg. 15554 (March 21, 2011).

(3) Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Commercial and Industrial Solid Waste Incineration Units, published at 76 Fed. Reg.15704 (March 21, 2011), and,

(4) Identification of Non-Hazardous Secondary Materials That are Solid Waste, published at 76 Fed. Reg. 15456 (March 21, 2011).

According to a release from the members, "to protect jobs and allow time for development of achievable standards," H.R.2250 would:

Provide EPA with at least 15 months to re-propose and finalize new rules for boilers, process heaters, and incinerators;
Extend compliance deadlines from 3 to at least 5 years to allow facilities adequate time to comply with the standards and install necessary equipment;
Direct EPA, when developing the new rules, to adopt definitions that allow sources to use a wide range of alternative fuels; and,
Direct EPA to ensure that the new rules are achievable by real-world boilers, process heaters, and incinerators and impose the least burdensome regulatory alternatives consistent with the President's Executive Order 13563.

Access a release from the Members (click here). Access a fact sheet from the Members with links to background information (click here). Access legislative details for H.R.2250 (click here). Access links to the final rules, fact sheets, and regulatory impact analyses for each of EPA's regulatory actions (click here). Access more information from EPA's Emissions Standards for Boilers and Process Heaters and Commercial / Industrial Solid Waste Incinerators website (click here). [*Air]

GAO Report Analyzes Complex Federal Climate Change Funding - Jun 21: The Government Accountability Office (GAO) released a report entitled, Climate Change: Improvements Needed to Clarify National Priorities and Better Align Them with Federal Funding Decisions (GAO-11-317, May 20, 2011). The report was requested by House Committee on Natural Resources Ranking Member Ed Markey (D-MA).

GAO indicates that climate change poses risks to many environmental and economic systems, including agriculture, infrastructure, and ecosystems. Federal law has periodically required the Office of Management and Budget (OMB) to report on Federal climate change funding. GAO was asked to examine: (1) Federal funding for climate change activities and how these activities are organized; (2) the extent to which methods for defining and reporting climate change funding are interpreted consistently across the Federal government; (3) Federal climate change strategic priorities, and the extent to which funding is aligned with these priorities; and, (4) what options, if any, are available to better align Federal climate change funding with strategic priorities. GAO analyzed OMB funding reports and responses to a web-based questionnaire sent to Federal officials, reviewed available literature, and interviewed stakeholders.

GAO found that funding for climate change activities reported by OMB increased from $4.6 billion in 2003 to $8.8 billion in 2010, and is organized in a complex, crosscutting system. OMB reports funding in four categories: technology to reduce emissions; science to better understand climate change; international assistance for developing countries; and, wildlife adaptation to respond to actual or expected changes. Over the time period, technology funding, the largest category, increased from $2.56 billion to $5.5 billion and increased as a share of total funding. OMB also reported $26.1 billion as funding for climate change programs and activities in the American Recovery and Reinvestment Act of 2009, and tax expenditures to encourage emissions reductions, with $7.2 billion in Federal revenue losses in 2010. Many Federal entities manage related activities, including interagency programs that coordinate agency actions.

GAO said that questionnaire responses suggest that methods for defining and reporting climate change funding are not interpreted consistently across the Federal government. Respondents identified three methods for defining and reporting climate change funding, foremost of which is guidance contained in OMB Circular A-11. While most said their own organization consistently applied these methods internally, far fewer said that they were applied consistently across the government. Some, for example, noted that other agencies use their own interpretation of definitions, resulting in inconsistent accounting across the government, because of several factors, such as the difficulty in distinguishing between programs related and unrelated to climate change.

Respondents, literature, and stakeholders identified two key factors that complicate efforts to align funding with priorities. First, notwithstanding existing coordinating mechanisms, questionnaire results indicated that Federal officials do not have a shared understanding of strategic priorities. This is in part due to inconsistent messages articulated in strategic plans and other policy documents. A 2008 Congressional Research Service analysis had similarly found no "overarching policy goal for climate change that guides the programs funded or the priorities among programs." Second, respondents indicated that since mechanisms for aligning funding with priorities are nonbinding, they are limited when in conflict with agencies' own priorities.

Questionnaire respondents also identified options to better align funding with strategic priorities. Such options included: (1) a governmentwide strategic planning process that promotes a shared understanding among agencies of strategic priorities by articulating what they are expected to do within the overall federal response to climate change; and, (2) an integrated budget review process that better aligns these priorities with funding decisions through a more consistent method of reporting and reviewing climate change funding. Federal entities are beginning to implement some of these options. However, without further improvement in how federal climate change funding is defined and reported, strategic priorities are set, and funding is aligned with priorities, it will be difficult for the public and Congress to fully understand how climate change funds are accounted for and how they are spent.

Among GAO's recommendations are "that the appropriate entities within the Executive Office of the President (EOP), in consultation with Congress, clearly establish Federal strategic climate change priorities and assess the effectiveness of current practices for defining and reporting related funding."

Access the complete 95-page report (click here). [*Climate]

Economic Development Adm. Reauthorization Fails In Senate - Jun 21: In yet another Democrats v. Republicans battle in the U.S. Senate, Democrats failed to amass the 60 votes necessary for cloture on S.782 (Economic Development Revitalization Act of 2011 [See WIMS 6/8/11]. The measure was defeated by a 49-51 vote, mostly along party lines -- 47 Democrats and 2 Independents voted for the measure; while 4 Democrats joined with Republicans to defeat the measure. The bill was originally proposed as a bipartisan bill by Senator Barbara Boxer (D-CA), Chairman of the Environment and Public Works (EPW) Committee, to reauthorize the Economic Development Administration (EDA), and provide investments in infrastructure and other projects to economically distressed communities. Senator Boxer, said the bill would enable the EDA to continue to support important economic development projects and drive local economic growth.

Senator Boxer issued a statement following the vote and said, "For the past four decades, EDA has had a successful track record of creating employment opportunities, maintaining existing jobs, and driving local economic growth. But instead of moving forward to reauthorize EDA and encourage private sector investment in hard hit communities nationwide, even long standing Republican supporters of EDA chose to block this bipartisan legislation by conducting a filibuster by amendment. At a time when Americans are concerned about keeping their jobs and making ends meet, we need to pass S.782 and other jobs bills that will create economic opportunities and help areas of our country that are hurting the most." She said S.782 would have reauthorized EDA at $500 million annually for Fiscal Years 2011 through 2015. At this level, EDA was projected to create 434,000 to 1 million jobs over the life of the bill. According to EDA, each dollar of investment was expected to attract nearly seven dollars in private sector investment.

Senator James Inhofe (R-OK), Ranking Member of the EPW Committee, one of the original sponsors of the "bipartisan" bill, issued a release saying he vote against the measure because "crucial amendments that he offered were not considered before the vote." He said, "I am disappointed that the Democratic majority in the Senate failed to reach across the aisle to provide the improvements needed to move forward with the Economic Development Revitalization Act. As we worked to reauthorize this job-promoting program, my colleagues and even President Obama expressed legitimate concerns about the bill. I agreed and addressed these issues in two key amendments: one amendment significantly cuts EDA's authorization levels and the other promotes transparency and oversight in EDA's grant-making process. Not only are these amendments necessary in order to achieve bipartisan, bicameral support, they are essential in order to gain my vote. Unfortunately, my amendments were not even considered on the Senate floor and there is no guarantee that they will be accepted after cloture. Without having the assurance that these amendments will be a part of the final Economic Development Revitalization Act, I cannot vote to move this bill forward."

Access a release with additional details from Sen. Boxer (click here). Access a release with additional details from Sen. Inhofe(click here). Access the roll call vote (click here). Access legislative details for S.782 including amendments and roll call votes (click here). [*All]

Subcommittee Approves Coal Residuals Reuse and Management Act - Jun 21: The Energy and Commerce Subcommittee on Environment and the Economy, chaired by Representative John Shimkus (R-IL), approved legislation which he indicated would "protect Americans against unnecessary job losses and high energy costs." The Coal Residuals Reuse and Management Act passed the subcommittee by voice vote. A Committee release indicates that Representative David McKinley's (R-WV) proposal, the Coal Residuals Reuse and Management Act, ensures the continued beneficial use of coal combustion residuals [CCRs] and strengthens state regulatory authority over these materials under the Solid Waste Disposal Act. "The legislation would prevent the Obama administration's attempt to reclassify these materials as a hazardous waste -- a designation previous administrations have deemed inappropriate." The approved bill includes a list of changes to the original bill H.R.1391.

Chairman Shimkus indicated in an opening statement, "State officials affirmed their expertise and desire to regulate this area without federal control. Given the unique challenges of each individual state, I believe this is the best approach. The legislation, therefore, creates a new subsection to Subtitle D of the Solid Waste Disposal Act that establishes targeted authority to address the management and disposal of coal combustion residuals at landfills, surface impoundments, and other land-based units. This program, which will be led by the States or EPA if the State cannot or does not want to operate it -- will for the first time ever create national, enforceable requirements for: groundwater monitoring, liners at landfills, corrective action when environmental damage occurs, and structural stability criteria to prevent issues like the one that caused the problems at TVA in Tennessee."

According to the release, coal ash is widely used in the construction and agriculture industries to produce materials such as concrete mixtures, drywall, and fertilizers. "The administration's regulatory plan would increase costs for coal-fired power plants and threaten the beneficial use of coal ash, putting hundreds of thousands of jobs in jeopardy and driving up electricity prices."

Representative McKinley said, "Potentially hundreds of thousands of jobs could be lost and costs could surpass the hundred billion dollar range if the EPA is allowed to regulate coal ash as a hazardous material. These statistics are powerful, but they aren't just numbers; they represent real jobs for American workers who too often have been overlooked by the Obama Administration. We must continue to push legislation that will help keep the cost of doing business down and the cost to consumers low if we ever intend to get our country out of this recession. The EPA and President Obama need to stop treating these statistics as numbers and start treating them like unemployed American citizens."

Full Committee Ranking Member Henry Waxman (D-CA) opposed the bill. In a statement he said in part, ". . .we consider one-sided legislation that will protect utility company profits at the expense of public health. This bill is a D-minus approach. It says coal ash containing toxic chemicals like arsenic, lead, and mercury will be subject to fewer controls than ordinary household garbage. And instead of retrofitting wet impoundments with liners, it would allow them to continue unchanged. If this legislation is adopted, no one should be fooled. This bill won't protect public health. It won't make high-risk impoundments of coal ash safe. It won't stop contamination of drinking water. All it will do is tie EPA's hands and give the utility companies an early Christmas."

Access a Republican Committee release on the bill (click here). Access the Republican website for the markup which includes the text of the approved bill, a list of changes to the original H.R.1391, a webcast, statements and information on rejected amendments (click here). Access the Democrats website for the markup which includes the text of the approved bill, a webcast, statements and information on rejected amendments (click here). Access legislative details for H.R.1391 (click here). [*Energy/Coal, *Solid, *Haz]

$3 Million To Support Chemical Toxicity & Liver Research - Jun 22: U.S. EPA has awarded nearly $3 million to better understand how the liver responds to environmental toxicants. Four academic institutions will develop methods and tools to enhance what society knows about environmental contaminants and the liver, the body's waste treatment organ. Among other things, these methods and tools will improve the agency's Virtual Liver (v-Liver) chemical toxicity prediction model. The v-Liver model estimates the potential for chemicals to cause chronic diseases such as cancer using innovative computer science and other technologies. The v-Liver uses chemical data from rapid tests and published literature to develop a state-of-the-art computer model that can predict the potential toxicity of chemicals in a much more efficient and effective way than current laboratory-based animal models.

    Dr. Robert Kavlock, director of EPA's National Center for Computational Toxicology said, "The liver plays a front line role in removing chemicals after they enter the human body, which means the liver faces harmful effects if the chemical is toxic. Evaluating the risk of liver toxicity due to these chemicals is critical for protecting human health." There are thousands of chemicals in use and hundreds more introduced every year. Traditional chemical toxicity tests using animals are expensive and time consuming. EPA indicated that once complete, the v-Liver model will help EPA prioritize which chemicals need more extensive toxicity assessments and simulate the biological response of the liver to chemical exposure.

    The institutions receiving EPA funding include the Hamner Institute in North Carolina, the University of North Carolina at Chapel Hill, Indiana University at Bloomington, and Virginia Polytechnic Institute and State University. They will work closely with EPA scientists to research how chemicals interact with cells as they enter the liver. The results of this research will provide the v-Liver model new data and tools to better understand how chemicals disrupt cells in the liver, and how this leads to disease.EPA is meeting with these institutions today (June 22) at its Research Triangle Park campus in North Carolina to discuss this project.

    Access a release from EPA and link to more information on the v-Liver and the grants program (click here). [*Toxics]

GenOn Mid-Atlantic v. Montgomery Co., MD - Jun 20: In the U.S. Court of Appeals, Fourth Circuit, Case No. 10-1882. Appealed from the United States District Court for the District of Maryland, at Greenbelt. The Appeals Court explains that the question in the case is whether a Montgomery County, Maryland exaction on carbon dioxide emissions, levied only upon GenOn Mid-Atlantic's electricity-generating facility, is a tax or a fee. After holding that the carbon charge was a tax, the district court determined that the Tax Injunction Act deprived it of jurisdiction to hear GenOn's challenge. The Appeals Court ruled, "We think, however, that because the charge was levied upon a single 'taxpayer' and formed part of a wide-ranging regulatory program, the district court had jurisdiction over GenOn's claims. We accordingly reverse and remand for further proceedings.

By way of background in the case, the Montgomery County Council enacted Expedited Bill 29-10 on May 19, 2010 to impose a levy on large stationary emitters of carbon dioxide within the county. The County Executive signed the bill on May 28. Bill 29-10 imposes what it terms an 'excise tax' of $5 per ton of carbon dioxide emitted, but only on emitters that end up exceeding 1 million tons of carbon dioxide in a year. For those large emitters, the $5 per ton charge applies to every ton emitted. The revenue generated by the levy is to be deposited in the Montgomery County general fund, with 50% earmarked for funding greenhouse gas reduction programs such as mass transit and 50% available for the County's general use. The County projects that the levy will raise annual revenue between $11.7 and $17.6 million.

GenOn operates an electricity plant in Montgomery County that emits carbon dioxide. As the only entity in Montgomery County expected to exceed 1 million tons of carbon dioxide emissions annually, GenOn is the only entity likely to be subject to the $5/ton levy on its entire volume of emissions. After consulting with the County's electricity service provider, the Council determined that GenOn would not be able to pass the cost of the carbon charge on to its Montgomery County customers because its power is sold via competitive auction.

Four days after Bill 29-10 was signed into law, GenOn sought to enjoin enforcement on the ground that it violates the United States and Maryland Constitutions. The district court noted that the charge had some indicia of a regulatory fee, but ultimately concluded that it was more like a tax for purposes of the Tax Injunction Act. The court then dismissed GenOn's suit without prejudice.

The Appeals Court said, "The chief problem with Montgomery County's carbon charge is that the burden falls on GenOn alone. But the whole idea of a tax is that it is, to some extent, a burden generally borne. Thus, an 'assessment imposed upon a narrow class' is less likely to be a tax than an 'assessment imposed upon a broad class of parties.' Bidart Bros. v. Cal. Apple Comm'n, 73 F.3d 925, 931 (9th Cir. 1996). The fact that this charge affects the narrowest possible class is compelling evidence that it is a punitive fee rather than a tax. . . In addition to its punitive scope, Montgomery County's carbon charge falls outside the ambit of the Tax Injunction Act because of its plainly regulatory purpose. . ."

Finally, the Appeals Court concludes, "Of course we do not resolve this case on the merits, nor do we suggest that one party or the other should prevail on remand. We do not at all begrudge Montgomery County its regulatory purpose here, and there is much to be said for the worthy office of environmental stewardship. All we hold is that the Tax Injunction Act is no bar to federal jurisdiction in this case. We accordingly reverse the judgment of the district court and remand for consideration of GenOn's claims."

Access the complete opinion (click here). [*Climate, *Air]

Greif Industrial Packaging v. R. Sharp, III - Jun 21: In the U.S. Court of Appeals, Fifth Circuit, Case No. 10-30387. Appealed from the United States District Court for the Eastern District of Louisiana. In this unpublished decision, the dispute concerns the proper interpretation of an asset purchase agreement between a Chapter 11 debtor and the company that purchased it out of bankruptcy. The Appeals Court said, "We affirm the judgment of the district court with respect to the holdback claims for environmental liabilities and the Ingersoll-Rand industrial equipment. We reverse and remand the judgment of the district court with respect to the Lexington insurance premium.

Evans Industries, Inc., (Evans) operated a series of five leased facilities in Louisiana and Texas that manufactured, filled, warehoused and distributed steel drums and industrial containers. Evans filed a Chapter 11 petition in April 2006, and the bankruptcy court confirmed the reorganization plan in October 2006. The plan formed a Distribution Trust of Evans Industries (the Trust) and allocated most of Evans's assets to that Trust. R. Patrick Sharp, III was appointed Trustee. In November 2006, on the plan's closing date, Greif Industrial Packaging (Greif) entered into an asset purchase agreement (APA) with Evans.

After Greif took over the facilities, it made two disputed claims against the "holdback" fund. First, it claimed $649,633.75 in expenses it incurred removing and disposing of hundreds of barrels of environmentally hazardous waste left behind by Evans at four of the five sites. Second, it claimed $10,452.06 for payments it made to a third party, Ingersoll-Rand, for five pieces of industrial equipment ("Bobcat loaders") that Evans had purchased but not yet fully paid off. Added up, the disputed holdback claims totaled $660,085.81. The bankruptcy court ruled for the Trustee and against Greif as to the holdback amounts and the utility deposits, but ruled for Greif as to the setoff claim for the prorated insurance premium. The parties cross-appealed as to the holdback issues and insurance premium setoff.

On the environmental issues, the Appeals Court said, "After taking possession of the business premises and assets, Greif spent nearly $650,000 to remove and properly dispose of hundreds of barrels of hazardous waste left behind by Evans at several sites. It is not disputed that this cleanup complied with applicable government environmental regulations. Greif attempted unsuccessfully to claim that amount from the holdback. Greif argues on appeal that Evans breached its warranty that the facilities complied with all relevant environmental regulations, and, in the alternative, that the bankruptcy court and district courts misread the relevant portion of the APA in which Evans retained responsibility for environmental cleanup costs that accrued prior to the APA. We reject Greif's contentions."

Access the complete opinion (click here). [*Remed]

Federal Register Highlights

The following is a summary from our Daily REGTrak Bulletin* for:

Wednesday, June 22, 2011.

Federal Register

Vol. 76, Issue 120

There are 10 announcements in this issue -- GET THE LINKS! (click here)

1. CLIMATE, AIR - FR/Reconsideration. EPA. Mandatory Reporting of Greenhouse Gases: Additional Sources of Fluorinated GHGs: Extension of Best Available Monitoring Provisions for Electronics Manufacturing PDF | Text |

2. HAZ - FRD/Correction. EPA. Hazardous Waste Manifest Printing Specifications Correction Rule PDF | Text |

3. TOXICS - FR. EPA. C9 Rich Aromatic Hydrocarbons, C10-11 Rich Aromatic Hydrocarbons, and C11-12 Rich Aromatic Hydrocarbons; Exemption From the Requirement of a Tolerance PDF | Text |

4. TOXICS - FR. EPA. Diethylene Glycol MonoEthyl Ether (DEGEE); Exemption From the Requirement of a Tolerance PDF | Text |

5. TOXICS - FR. EPA. 2-methyl-2,4-pentanediol; Exemption from the Requirement of a Tolerance PDF | Text |

6. TOXICS - PR/Petition. EPA. Receipt of a Pesticide Petition Filed for Residues of Pesticide Chemicals in or on Various Commodities PDF | Text

7. AIR, CLIMATE - EPA. PR. Mandatory Reporting of Greenhouse Gases; Changes to Provisions for Electronics Manufacturing (Subpart I) To Provide Flexibility PDF | Text |

8. HAZ - PR. EPA. Hazardous Waste Manifest Printing Specifications Correction Rule PDF | Text |

9. TOXICS - ND. EPA. Dicofol; Notice of Receipt of Request To Voluntarily Cancel
Certain Pesticide Registrations PDF | Text |

10. TOXICS - ND. EPA. Toxicological Review of Methanol (Non-Cancer): In Support of Summary Information on the Integrated Risk Information System (IRIS) PDF | Text |

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eNewsUSA... Tuesday, June 21, 2011

2011-06-21T16:09:00.001-04:00

In This Issue

-- NATIONAL/INTERNATIONAL NEWS --

EPA Extends Comments On Mercury & Air Toxics Standards 30-Days
IAEA Ministerial Conference on Nuclear Safety In Vienna
Senators Announces FTC Begins Investigation On Gas Prices
Senate Confirmation Hearing For John Bryson Commerce Secretary
EPA Proposes Renewable Fuel Standards For 4 Fuel Categories
DOI Proposal To Protect Grand Canyon Area From Hardrock Mining
EPA Announces Green Chemistry Challenge Awards
"What Are the Next Steps in Subsidized Energy?"
DOE $136 Million Loan Guarantee For New Hampshire Wind Project

National / International News

EPA Extends Comments On Mercury & Air Toxics Standards 30-Days - Jun 21: U.S. EPA announced that in response to requests from members of Congress and to encourage additional public comment it will extended the timeline for public input by 30 days on the proposed mercury and air toxics standards, an extension that will not alter the timeline for issuing the final standards in November 2011 [See WIMS 3/16/11].

    In a brief statement, Administrator Lisa Jackson said, "EPA will put these long-overdue standards in effect in November, as planned. In our effort to be responsive to Congress and to build on the robust public comment process, we will extend the timeline for public input by 30 days, which will not impact the timeline for issuing the final standards. These standards are critically important to the health of the American people and will leverage technology already in use at over half of the nation's coal power plants to slash emissions of mercury and other hazardous pollutants. When these new standards are finalized, they will assist in preventing 11,000 heart attacks, 17,000 premature deaths, 120,000 cases of childhood asthma symptoms and approximately 11,000 fewer cases of acute bronchitis among children each year. Hospital visits will be reduced and nearly 850,000 fewer days of work will be missed due to illness."

    EPA proposed the first ever national mercury and air toxics standards on March 16, 2011. The standards will be phased in over three years, and states have the ability to give facilities a fourth year to comply. EPA said that currently, more than half of all coal-fired power plants already deploy widely available pollution control technologies that are called for to meet these important standards. Once they are final in November, these standards will ensure the remaining coal-fired plants, roughly 44 percent, take similar steps to decrease dangerous pollutants.

    Access the announcement from EPA (click here). Access more information including the Proposed Rule, Fact Sheet Summary, Overview Presentation, Overview Fact Sheet, and Regulatory Impact Analysis (click here). [*Air, *Toxics]

IAEA Ministerial Conference On Nuclear Safety In Vienna - Jun 20: The head of the United Nations atomic energy agency outlined measures he said could be quickly implemented to improve nuclear safety globally in the wake of the accident at the Fukushima Daiichi nuclear power plant in Japan three months ago. Yukiya Amano, the Director General of the UN International Atomic Energy Agency (IAEA) told reporters at the Ministerial Conference on Nuclear Safety in Vienna that the first measure would be to strengthen the IAEA safety standards and to ensure that they are universally applied.

    He also recommended a systematic review of the safety of all nuclear power plants, saying the assessments should be conducted nationally by Member States with an additional review by the IAEA. IAEA indicated that national regulatory bodies must be genuinely independent, adequately funded and staffed by well-trained people. Amano said he also stressed the need to strengthen global emergency preparedness and response systems, and to expand the IAEA information-sharing role during crises to include providing analysis and possible scenarios.

    He said, "All these are practical measures which will not require lengthy negotiations or amendments to safety conventions. The coming months will be crucial for taking immediate remedial measures and to lay a solid ground for the future activities with the aim of strengthening nuclear safety."

    He described that Fukushima Daiichi crisis as a "terrible accident," but added that he was confident that the right lessons will be learned, and that nuclear power plants globally will be made much safer as a result. He said the IAEA would play a central role in making that happen. The Fukushima Daiichi nuclear power sustained major damage during the massive earthquake and ensuing tsunami that struck Japan on March 11. Significant levels of radiation continued to leak from the damaged facility for weeks following the tsunami.

    In a message to the conference, UN Secretary-General Ban Ki-moon said lessons learned in the wake of the Fukushima Daiichi incident will inform decisions on nuclear safety in the future. He said, "The future of nuclear energy is critically dependent upon the maintenance of the highest safety standards. This is why nuclear safety is widely viewed as a global public good; its success serves the interests of people everywhere, but its failure can lead to disasters that respect no national boundaries. A new page of history is about to be turned in our relationship with nuclear energy. The challenge of nuclear safety merits our utmost ingenuity and will," said Mr. Ban. "When it comes to nuclear safety, nations must remain united."

U.S. Deputy Secretary of Energy Daniel Poneman addressed the Ministerial Conference plenary session and emphasized the importance of international cooperation and information sharing for developing lessons learned from the Fukushima accident.

In his remarks Poneman said, "All of us here today understand that safety must be integral at every step of the way as we design, build and operate our nuclear facilities. Fukushima reminded us that a nuclear accident anywhere is a nuclear accident everywhere. That is why you saw nations around the world -- including many of my colleagues who are gathered here today -- join together to support the Japanese people in their time of crisis. It is also why this week's conference is so important. . .

"As one of the few large-scale, carbon-free sources of energy available for deployment today, safe, secure, nuclear power continues to have an important role to play in addressing global climate change. . . As President Obama has made clear, the United States continues to support nuclear energy's role as part of a diversified, low-carbon energy portfolio, and as a way to reduce global air pollution and promote energy security. But President Obama has also made clear that we must always remain focused on how we can continue to improve the safety of our nuclear facilities, to bolster our emergency preparedness plans, and to expand our response capabilities both in the United States and abroad. . .

"To conclude, my colleagues and I from the United States are looking forward to working with each of you in the coming days to begin the technical analysis of the Fukushima accident and emergency response, to share preliminary information from our individual reviews and assessments, and help identify steps that should be taken to strengthen the global nuclear safety framework."

The first day of the five-day Ministerial Conference concluded with the adoption of a declaration by IAEA Member States. The declaration called for a number of improvements to global nuclear safety, while stressing the need to receive from Japan and the IAEA a comprehensive and fully transparent assessment of the Fukushima Daiichi Nuclear Power Station accident to be able to act upon the lessons learned, including a review of the relevant IAEA safety standards, in particular those pertaining to multiple severe hazards. It also underlined the benefits of strengthened and high quality independent international safety expert assessments, in particular within the established IAEA framework.

Access a release from the UN (click here). Access a release and comments from the U.S. DOE (click here). Access a release on the Conference declaration (click here). Access the Conference website for further details (click here). Access the IAEA website for more information on the Fukushima accident and the Conference (click here). [*Energy/Nuclear, *Haz/Nuclear]

Senators Announces FTC Begins Investigation On Gas Prices - Jun 20: Senators Jay Rockefeller (D-WV) and Maria Cantwell (D-WA), both issued news releases announcing a letter from the Federal Trade Commission (FTC) indicating that it has agreed to start an investigation into oil and gasoline markets and the impact on the amount Americans are paying for gas. Rockefeller and Cantwell pushed the FTC to probe this issue back in March. On March 25 the Senators sent a letter to the FTC saying, "We are writing to inquire whether the Federal Trade Commission (FTC) is fully utilizing the regulatory authority granted to it by Congress to ensure American consumers are paying a fair price for gasoline. We urge you to use this authority aggressively to ensure that recent crude oil market price spikes and volatility are not the result of manipulative practices or anticompetitive behavior. . ."

Senator Rockefeller said, "A strong and vigorous investigation into rising gas prices is appropriate, timely, and essential," Rockefeller said. "American families are rebounding from the economic downturn, and we must continue to pursue bad actors who threaten that recovery. That's why I wrote to the FTC on this issue, and I am pleased that the Commission is now moving forward. The steep increases in gas prices this spring hurt families and put the entire economic recovery at risk. I am not convinced that these price increases were necessary or reflected true market conditions. And the high profits in the oil industry only increase my concerns that the American public is paying more at the pump while the big oil companies are getting richer. FTC appears to be appropriately taking a broad approach to this investigation, looking at practices across the industry. I look forward to the results of the investigation."

Senator Cantwell (D-WA) said the action "marks the FTC's first use of new authority authored by Cantwell, which makes it a crime to manipulate wholesale oil markets." FTC Chairman Jon Leibowitz announced the investigation in a letter and phone call saying that the Commission has authorized the use of 'compulsory process,' including subpoenas, to determine whether certain players are in violation of a the law.

Senator Cantwell said, "Americans deserve to know what's really behind the rapid increase in gas prices burdening families and businesses. Bad actors who are artificially driving up gas prices ought to be brought to justice and face stiff punishment. I am pleased the FTC is using this new authority to protect consumers. The American public deserves to have aggressive policing of these markets and for the FTC to enforce these new laws." In November 2009, the FTC's final Petroleum Market Manipulation Rule went into effect, which was promulgated in compliance with legislation Cantwell authored in 2005 and "successfully shepherded into law in 2007." The legislation sought to prevent Enron-style manipulation schemes from happening in the oil industry by creating a federal ban on oil market manipulation.

Access a lengthy release from Senator Cantwell with further details including the letter from FTC and related information (click here). Access a release from Senator Rockefeller with links to the letters (click here). [*Energy/Gasoline]

Senate Confirmation Hearing For John Bryson Commerce Secretary - Jun 21: The U.S. Senate Committee on Commerce, Science, and Transportation, Chaired by Senator John D. (Jay) Rockefeller IV (D-WV) and Ranking Member Senator Kay Bailey Hutchison (R-TX), is holding a hearing on the nomination John Bryson, to be Secretary of the U.S. Department of Commerce, and Terry Garcia, to be Deputy Secretary of the U.S. Department of Commerce. The hearing is being webcast live and began at 2:30 PM.

As WIMS has previously reported, Republicans expressed outraged at the nomination. Senator James Inhofe (R-OK), Ranking Member of the Senate Committee on Environment and Public Works, and Senator John Barrasso (R-WY), Vice Chairman of the Senate Republican Conference have vowed to block the nomination. On the House side, House Oversight and Government Reform Committee Chairman Darrell Issa (R-CA) said the President's decision was "deeply out-of-touch with our current energy challenge." Meanwhile, the appointment has received praise from National Association of Manufacturers (NAM), Bipartisan Policy Center (BPC), Business Roundtable, and the Natural Resources Defense Council (NRDC).

When the President announced the appointment on May 31 [See WIMS 6/1/11], he release background information indicating that Bryson, 67, was Chairman and Chief Executive Officer of Edison International, the parent company of Southern California Edison and Edison Mission Group, from 1990 to 2008. He is a director of The Boeing Company, The Walt Disney Company and Coda Automotive, Inc., and is a senior advisor to KKR. He is chairman of the board of BrightSource Energy, the Public Policy Institute of California (PPIC), and the Keck School of Medicine of the University of Southern California (USC) Board of Overseers. He also serves as co-chairman of the Pacific Council on International Policy (PCIP). Bryson is a trustee of the California Institute of Technology and a director of The California Endowment and the W. M. Keck Foundation. He serves on the Advisory Board of Deutsche Bank Americas. He also previously served on a number of educational and environmental boards. At the start of his career, he was a co-founder and attorney for the Natural Resources Defense Council (NRDC), a national and international environmental group. He is a graduate of Stanford University and Yale Law School [See WIMS 6/8/11].

Access the Senate hearing website for testimony and the webcast (click here). Access the full text of the President's announcement (click here). Access more background on Bryson (click here). [*All]

EPA Proposes Renewable Fuel Standards For 4 Fuel Categories - Jun 21: U.S.EPA proposed the 2012 percentage standards for four fuel categories that are part of the Agency's Renewable Fuel Standard program (RFS2). EPA said it continues to support greater use of renewable fuels within the transportation sector every year. The Energy Independence and Security Act of 2007 (EISA) established the annual renewable fuel volume targets, which steadily increase to an overall level of 36 billion gallons in 2022. Comments on the proposals are due on or before August 11, 2011.

    To achieve the volumes, EPA calculates a percentage-based standard for the following year. Based on the standard, each refiner, importer, and non-oxygenate blender of gasoline or diesel determines the minimum volume of renewable fuel that it must ensure is used in its transportation fuel. The proposed 2012 overall volumes and standards are: Biomass-based diesel (1.0 billion gallons; 0.91 percent); Advanced biofuels (2.0 billion gallons; 1.21 percent); Cellulosic biofuels (3.45 - 12.9 million gallons; 0.002 0.010 percent); and Total renewable fuels (15.2 billion gallons; 9.21 percent).

    EPA said that based on analysis of market availability, it is proposing a 2012 cellulosic volume that is lower than the EISA target for 2012 of 500 million gallons. EPA will continue to evaluate the market as it works to finalize the cellulosic standard in the coming months. The Agency said it remains optimistic that the commercial availability of cellulosic biofuel will continue to grow in the years ahead. For 2012, the program is proposing to implement EISA's requirement to blend more than 1.25 billion gallons of renewable fuels over the amount mandated for 2011.

    In addition, EPA said it is proposing a volume requirement of 1.28 billion gallons for biomass-based diesel for 2013. EISA specifies a one billion gallon minimum volume requirement for that category for 2013 and beyond, but enables EPA to increase the volume requirement after consideration of a variety of environmental, market, and energy-related factors.

    Access a release from EPA and link to more information on the standards, regulations and renewable fuels (click here). [*Energy/Biofuels]

DOI Proposal To Protect Grand Canyon Area From Hardrock Mining - Jun 20: Department of Interior (DOI) Secretary Ken Salazar, joined at the Mather Point Amphitheater in Grand Canyon National Park by BLM Director Bob Abbey, National Park Service Director Jon Jarvis, and US Geological Survey Director Marcia McNutt, announced plans on the potential withdrawal of certain Federal lands near the Grand Canyon from new mining claims. Secretary Salazar said that management of the Grand Canyon area must be guided by "caution, wisdom, and science," so as to protect the World Heritage Site, tribal interests, drinking water supplies, and the tourism economy that the area's natural resources support.

Salazar stated that he will take action to prevent the opening of one million acres of public and National Forest System lands surrounding the Grand Canyon to new uranium mining claims while the Bureau of Land Management (BLM) completes a final Environmental Impact Statement that evaluates a preferred alternative of a 20 year mineral withdrawal on those same lands. Salazar announced an emergency withdrawal for six months of approximately 1 million acres of Federal lands near Grand Canyon National Park from hard rock mining claim location and entry under the 1872 Mining Law while the Department continues to evaluate whether to withdraw these lands from new mining claims for 20 years. Valid existing claims are not affected by this announcement. A Public Land Order making an emergency withdrawal of six months will be published in the Federal Register within the next week. A final EIS is expected to be released to the public in the fall of 2011.

On July 21, 2009, DOI published a notice in the Federal Register of a proposed withdrawal of approximately 1 million acres of Federal locatable minerals on both BLM and Forest Service lands in northern Arizona from location and entry under the 1872 Mining Law and that action began a two-year temporary segregation period that expires on July 20, 2011. DOI said the action is necessary to prevent the lands from opening to new mining claim location and entry under the 1872 Mining Law when that segregation expires.

The preferred alternative that will be included in the final Environmental Impact Statement (EIS) is the full proposed withdrawal of approximately 1 million acres of BLM and Forest Service lands located near Grand Canyon National Park from mining claim location and entry under the 1872 Mining Law for 20 years, subject to valid exiting rights. Over 295,000 public comments were received during the public comment period on the EIS, which included an initial period of 45 days and was extended 30 days to allow for additional public comment. The interagency team worked with eleven other cooperators and held thirty-one consultation meetings with tribes. DOI said the action does not affect oil, gas, coal, or other non-hard rock energy resources in the proposed withdrawal area.

Access a release from DOI with the complete comments from Secretary Salazar (click here). Access a fact sheet on the action (click here). Access complete background and details including the draft EIS and public comments (click here). [*Land]

EPA Announces Green Chemistry Challenge Awards - Jan 20: For the 16th year, U.S. EPA is recognizing pioneering chemical technologies developed by leading researchers and industrial innovators who are making significant contributions to pollution prevention in the United States. These prestigious awards recognize the design of safer and more sustainable chemicals, processes, and products that will protect Americans, particularly children, from exposure to harmful chemicals.

    The Green Chemistry Challenge Awards ceremony was held in Washington, DC. EPA indicated that this year's awards are significant because 2011 has been named the International Year of Chemistry and marks the 20th anniversary of the Agency's efforts in what would become the creation of green chemistry. Steve Owens, assistant administrator for EPA's Office of Chemical Safety and Pollution Prevention said, "EPA congratulates this year's winners for designing and developing innovative green chemistry technologies that will result in safer chemicals for use in products, homes, schools, and workplaces that also have significant environmental and economic benefits."

    The Presidential Green Chemistry Challenge Awards are bestowed in five categories. The 2011 award winners are: Academic: Bruce H. Lipshutz, PhD, University of California, Santa Barbara; Small business: BioAmber, Inc., Plymouth, MN; Greener synthetic pathways: Genomatica, San Diego, CA; Greener reaction conditions: Kraton Performance Polymers, LLC, Houston, TX; Designing greener chemicals: The Sherwin-Williams Company, Cleveland, OH.

    According to a release, by recognizing groundbreaking scientific solutions to real-world environmental problems, EPA's Presidential Green Chemistry Challenge Program has significantly reduced the hazards associated with designing, manufacturing and using chemicals. The program promotes research and development of less-hazardous alternatives to existing technologies that reduce or eliminate waste, particularly hazardous waste, in industrial production.

    An independent panel of technical experts convened by the American Chemical Society Green Chemistry Institute selected the 2011 winners from among scores of nominated technologies. During the program's life, EPA has received more than 1,400 nominations and presented awards to 82 winners. Winning technologies alone are responsible for reducing the use or generation of more than 199 million pounds of hazardous chemicals, saving 21 billion gallons of water, and eliminating 57 million pounds of carbon dioxide releases to the air. These benefits are in addition to significant energy and cost savings by the winners and their customers.

Access a release from EPA and link to more information (click here). [*Toxics]

"What Are the Next Steps in Subsidized Energy?" - Jun 20: The National Journal's (NJ) Energy & Environment Expert Blog has posted the question: "What Are the Next Steps in Subsidized Energy?" The posted question follows up on last week's Senate activitiy related to ethanol which WIMS reported was labeled by the Renewable Fuels Association as, the "Cauldron Of Confusion" where the Senate voted overwhelmingly (73-27) to eliminate the Volumetric Ethanol Excise Tax Credit (VEETC) and the import tariff on foreign ethanol [See WIMS 6/17/11].

The National Journal asks, "What implications does last week's vote on ethanol subsidies have on the ethanol industry in particular and for the larger energy sector? What energy subsidies should Congress consider as part of the overall budget deal? Do proposals for new energy subsidies stand a chance at passage?"

The posting contains commentary from the following respondents: Bill Dickenson, Managing Director at Navigant Consulting and head of the firm's Energy Practice; Daniel Gatti, Staff Attorney, Environment America; Brent Erickson, Executive Vice President, Industrial & Environmental Division, Biotechnology Industry Organization; Conrad Schneider, Advocacy Director, Clean Air Task Force; and William O'Keefe, CEO, George C. Marshall Institute.

Access the posting and response commentaries (click here). [*Energy/Biofuels, *Energy/Subsidies]

DOE $136 Million Loan Guarantee For New Hampshire Wind Project - Jun 21: Department of Energy Secretary Steven Chu announced the offer of a to Granite Reliable Power, LLC to provide up to $135.76 million in loan guarantees for a new wind generation project. The 99 megawatt (MW) project will be located in the central portion of Coos County in northern New Hampshire, approximately 110 miles north of Concord. According to project sponsors, the project will create nearly 200 construction jobs. Secretary Chu said, "This Administration is creating clean energy jobs, in New Hampshire and in countless states across the country, which will help the US to recapture the lead when it comes to the deployment of renewable energy. Our support for clean energy projects is increasing our global competitiveness and positioning us to win the future."

The wind generation project will consist of 33 Vestas V90 3.0-MW wind turbines. While in commercial use internationally, this will be only the second U.S. wind project to deploy these turbines. The project will generate enough electricity to power nearly 20,000 homes and avoid over 124,000 metric tons of carbon dioxide annually. The majority of the power from the project will be sold to Central Vermont Public Service and Green Mountain Power. WestLB AG is the lender-applicant for the project, which was submitted under the Financial Institution Partnership Program (FIPP).

Access a release from DOE and link to more information on the Loan Programs (click here). Access more details on the project from Granite Reliable Power (click here). [*Energy/Wind]

Federal Register Highlights

The following is a summary from our Daily REGTrak Bulletin* for:
Tuesday, June 21, 2011.

Federal Register

Vol. 76, Issue 119

There are 7 announcements in this issue -- GET THE LINKS! (click here)

1. TOXICS - PR/Comment. EPA. EPA Responses to State and Tribal 2008 Lead Designation Recommendations: Notice of Availability and Public Comment Period PDF | Text |

2. AIR - ND. EPA. Recent Posting to the Applicability Determination Index (ADI)
Database System of Agency Applicability Determinations, Alternative Monitoring Decisions, and Regulatory Interpretations Pertaining to Standards Under the Clean Air Act PDF | Text |

3. AIR - ND. EPA. Science Advisory Board Staff Office Notification of a Public Meeting of the Clean Air Scientific Advisory Committee (CASAC) Lead Review Panel PDF | Text |

4. TOXICS - ND. EPA. Certain New Chemicals; Receipt and Status Information PDF | Text |

5. ENERGY - NM. DOE. State Energy Advisory Board (STEAB) PDF | Text |

6. ENERGY/Biomass - NM. DOE. Biomass Research and Development Technical Advisory Committee

7. ALL - ND. DOC/NOAA - Draft NOAA Scientific Integrity Policy and Handbook for Public Review PDF | Text |

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