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Eye
on Washington: Issue 30 Will & Carlson's Weekly Newsletter Volume V, Issue 30, September 18, 2003 |
| ENERGY BILL | |
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Energy Conference Committee Last week, Senate Energy and Natural Resources Committee Chairman Pete Domenici (R-N.M.) set up an aggressively scheduled energy Conference Committee timetable aimed at getting as much input as possible in the shortest amount of time from the energy industry, the public and from Conference Committee Democrats. Republican staff are about to release the first draft of a ‘chairman’s mark’ covering energy efficiency and renewable energy. The Republican staff say they will take all comments on their report language under advisement, but had not as yet set any date for voting on any of the conference language.
Sen. Domenici has stated he wants to get most of the draft energy conference language out for debate by the end of the week and then move on to the issues that his staff are working on for next week, including electricity, automobile fuel economy and financial incentives for the nuclear power industry. Committee Democrats have voiced their complaint about not being “involved” in the Conference, but Sen. Domenici believes the Republican energy conference plan should be maintained in order to complete work on the energy bill, and that the Democrats “can raise their concerns during the staff meetings every day this week”. |
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| APPROPRIATIONS | |
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Senate Passes Energy and Water Appropriations
The Senate passed S.1424, their FY '04 Energy and Water spending bill by a vote of 92-0 on Sept. 16, opening the appropriations process for the Senate’s Interior spending legislation next. The bill will provide $4.5 billion for water projects by the Army Corps of Engineers, $212 million below the FY '03 level. The DOE is set to receive $7.6 billion for environmental cleanup activities, $213 million more than Congress enacted last year, and the Bureau of Reclamation receives $990 million, above both the Administration’s request and the House version. |
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Omnibus Appropriations Bill Considered The Senate's Fall agenda began last week with debate on a host of unfinished FY 2004 spending bills, part of a brutal schedule as legislators try to finish work on all 13 appropriations bills before the Oct. 1 deadline – the start of the next Fiscal Year. Senate Republican leaders visited the White House yesterday to discuss their next few months' worth of work, and Senate Majority Leader Bill Frist (R-Tenn.) may be planning to reveal some of the strategy developed in their meeting. The Senate Appropriations Committee Chairman, Ted Stevens (R-Alaska), and Robert Byrd (D-W.Va.), the Ranking Minority Member, have indicated a reluctance to try an omnibus appropriations package to resolve the Committee’s crisis, but many legislators and environmentalists who are tracking the process admit it may be required unless the lawmakers are to remain in session through late December. |
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House Subcommittee to Vote on Water Bills for CA and TX; BuRec Opposed
The House Water and Power Subcommittee was scheduled to vote this week on four bills aimed at boosting Federal involvement in water reclamation projects in California and Texas, but the session will likely be delayed by Hurricane Isabel.
H.R.2991 authorizes the Secretary of Interior to participate in the Inland Empire regional recycling project in the Cucamonga County, Calif., Water District recycling project. H.R.142 would authorize the Secretary of the Interior to participate in the Lower Chino Dairy Area desalination demonstration and reclamation project. H.R.1156 increases the cap on the Federal government's share of the costs for phase I of the Orange County Regional Water Reclamation Project. And H.R.2960 would authorize the Secretary of the Interior to participate in the Brownsville Public Utility Board water recycling and desalinization project. However, William Rinne, the Deputy Commissioner for Operations at the Bureau of Reclamation has rejected California and Texas lawmakers’ attempts to receive more Federal money for local water recycling and groundwater desalination projects, saying the Agency could not support the four separate House bills currently under consideration. "Any new project authorized at this time will place an additional burden on Reclamation's already tight budget, and could potentially delay the completion of other currently authorized projects," he said. |
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Full House to Vote on Reclamation Bills The full House is scheduled to vote this week on three water reclamation bills, all expected to pass, but the Hurricane may delay the session. Sen. Michael Crapo (R-Idaho) sponsored S.520, which authorizes the transfer of the Cross Cut Diversion Dam, Cross Cut Canal and the five Teton Exchange Wells from the Bureau of Reclamation to the Fremont-Madison Irrigation District (FMID) in Idaho by next year. H.R.2040, sponsored by Rep. Tom Osborne (R-Neb.), would amend the Irrigation Project Contract Extension Act of 1998 to continue some contracts until 2005 between the Bureau of Reclamation and certain irrigation water contractors in Wyoming and Nebraska. H.R.1284, sponsored by Rep. Grace Napolitano (D-Calif), would amend the Reclamation Projects Authorization and Adjustment Act of 1992 to increase the Federal share of the costs of the San Gabriel Basin demonstration project by $12.5 million. |
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| CONGRESSIONAL HEARINGS | |
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Senate Committee Hearing Called on EPA Policies A Senate Environment and Public Works Committee oversight hearing is scheduled to be held this week, called at the request of ranking member James Jeffords (I-Vt.). It may provide a forum for Chairman James Inhofe (R-Okla.) and environmentalists to criticize EPA draft rules on wetlands, the cleanup of impaired waters and their policy on water pollution trading.
The White House withdrew a TMDL rule developed by the EPA during the last Administration and the Agency has recently drafted a new rule with more relaxed pollution control requirements on industrial and municipal facilities. As well, the EPA and the Army Corps of Engineers have issued a draft rule that would allow development of wetlands previously protected by the agencies' Migratory Bird rule. Committee Republicans, however, will likely use the oversight hearing to point out some unnecessarily onerous provisions of the Clean Water Act which they say needlessly threatens industry officials with jail time, and agriculture industry officials will probably use the opportunity to express support for many of the Bush Administration’s water quality policies. |
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| THE COURTS | |
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Lawsuit Resumes Against CALFED On Sept. 8, the U.S. Court of Appeals for the Ninth Circuit reinstated a lawsuit challenging the California Federal Bay Delta Fund (CALFED) program by California farmers who fear it would lead to a loss of cropland and shortages of water. The Ninth Circuit Court said the U.S. District Court for the Eastern District of California had improperly dismissed a lawsuit brought by the California Farm Bureau Federation and three farmers who claimed that State and Federal agencies participating in CALFED did not follow proper procedures for developing the program under the National Environmental Policy Act (NEPA) and the California Environmental Quality Act. |
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| EPA | |
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Two Bills to Elevate EPA to Cabinet
This week, the House Government Reform Subcommittee on Energy Policy, Natural Resources and Regulatory Affairs holds its second hearing of the year on the subject of elevating the Environmental Protection Agency to Cabinet-level status.
Chairman Doug Ose (R-Calif.) has sponsored one of the two EPA elevation bills, which comes in the midst of Utah Gov. Mike Leavitt’s confirmation hearings in the Senate Environment and Public Works Committee. His plan would reorganize EPA by establishing an Office of Policy, Planning and Innovation, an Office of Science and Information and an Office of Implementation, Compliance and Enforcement.
Both the Bush Administration and several top environmental officials support a plan make EPA an official Cabinet position, but favor H.R.37 from House Science Committee Chairman Sherwood Boehlert (R-N.Y.), which makes no changes to the internal structure of the EPA, or to its mandate. |
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Senate Confirmation Date May be Close The Senate Environment and Public Works Committee believes they will forward the nomination of Utah Gov. Michael O. Leavitt (R) to be the administrator of the Environmental Protection Agency to the full Senate on Sept. 25. Sen. Clinton (D-N.Y.) suggested placing a ‘hold’ on Gov. Leavitt's confirmation based upon questions she raised regarding the Bush Administration's handling of air quality issues with the EPA in the aftermath of Sept. 11, but the move is not expected to affect the Committee's timetable. |
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Discharge Limits for Some Contaminants Lifted The Environmental Protection Agency said in a Sept. 10 proposed rule that discharge limits it had put in place in December 2000 for several pollutants would be lifted for some subcategories at centralized waste treatment facilities. New information revealed to the Agency that those limits would be difficult for the waste treatment industry to meet. The discharge limits and pretreatment standards for selenium from the ‘metals treatment and recovery’ and ‘multiple waste streams’ subcategories would be removed; barium, molybdenum, antimony, and titanium discharge limits and pretreatment standards would be deleted from the ‘oils and treatment recovery’ subcategory under the EPA proposal. |
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‘Isolated Waters’ Language
Comments have been made by the EPA's regional office in Philadelphia (Region III) that may be an indication of language in a forthcoming proposed rulemaking, to the effect that a broad interpretation of the term ‘isolated waters’ not subject to Federal controls could threaten more than 1 million acres of wetlands in five mid-Atlantic states, and therefore ‘isolated waters’ should be defined more narrowly to cover only systems that are "entirely self-contained and have no hydrological (surface or groundwater) connection to other waters”. |
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| WATER RESOURCES | |
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MTBE Study Causes Industry Concern
Drinking water suppliers are concerned about a recent U.S. Geological Survey that found frequent occurrences of the fuel additive methyl tertiary butyl ether (MTBE) in drinking water sources. Kevin Morley, a regulatory analyst with the American Water Works Association (AWWA) said that MTBE contamination poses a concern because the risks from exposure are not yet understood. The U.S.G.S. study found MTBE in nearly 9 percent of all drinking water sources, but at about only 5 micrograms per liter which is well below the Federal advisory (non-enforceable) level of 20 to 40 micrograms per liter. Mr. Morley pointed out that even low levels of the substance renders water undrinkable and unsuitable for household use. |
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Funding Widely Available Source water protection funding is available in more than 35 programs from six Federal agencies, according to an accounting by EPA. That Agency alone has 14 programs offering funding for protection activities, and the Department of Interior has 12. Other programs with available funding are run by the Department of Transportation, the National Oceanic and Atmospheric Association, and the Department of Housing and Urban Development. Further examples of Federal funding and contacts can be found at: http://www.epa.gov/OGWDW/new.html |
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| INFRASTRUCTURE | |
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San Diego Reducing Sewage Spills San Diego’s data on sewage spills suggest they are making progress toward Mayor Dick Murphy's goal of a 25 percent reduction by the end of his term next year. In October 2001, the City Council approved a 30 percent, four-year rate hike that would pay for upgrades to the municipal wastewater collection system. So far this year in San Diego there have been 93 spills, down from 125 over the same period in 2002. Under this program, about 100 miles of sewage pipe have been replaced and a system of televised monitors have been installed inside the pipelines. However, the average monthly sewage bill is expected to rise from $32.04 in 2002 to $39.80 in 2005 and the estimated cost of pipeline replacement has risen from $1 million per mile up to almost $1.5 million per mile. |
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| INVASIVE SPECIES | |
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Energy Subcommittee to Scope Environmental Bills
The Senate Water and Power Subcommittee is scheduled hold a hearing on a series of water resources bills this week, which may be delayed due to Hurricane Isabel. One measure would combat the widespread problem of invasive species in the Western United States. S.1236 is a bill directing the Secretary of the Interior to establish a program to control or eradicate Tamarisk in the Western United States. S.213 is a bill to clear title to property in New Mexico associated with the Middle Rio Grande Project. S.1516 is a bill providing for both an assessment and demonstration program on potential increases in water availability for Bureau of Reclamation projects through control of Salt Cedar and Russian Olive. H.R.856 is a bill to authorize the Secretary of the Interior to revise a repayment contract with the Tom Green County Water Control and Improvement District No.1 San Angelo Project, in Texas. And H.R.961 would promote the Dept. of Interior’s efforts to provide a scientific basis for the management of sediment and nutrient loss in the Upper Mississippi River Basin. |
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“Glass Half Full? - Sacramento to Imperial: Good News.” Sacramento Bee. September 9, 2003. www.sacbee.com. “Colorado River: Deal in peril, official says” Las Vegas Review-Journal. September 12, 2003 www.reviewjournal.com. “Imperial Water Deal Churns Again – bills to implement the plan are sent to Davis amid fears the accord is unraveling.” Sacramento Bee. September 12, 2003. www.sacbee.com. “Daly City hikes water rates”. San Francisco Examiner. September 12, 2003. http://www.sfexaminer.com “City seeking grant for water plant”. The Independent Record. September 15, 2003. www.helenair.com “Taylor to vote on whether to sell water plant”. Austin American-Statesman. September 12, 2003. http://www.statesman.com “The Dry Season: heavy rains soak parched soil, too late to save crops”. . September 12, 2003. http://www.journalstar.com “Hatcheries are no substitute for quality habitat”. The Oregonian. September 8, 2003. www.oregonlive.com “Metro wades into deep water with options for land protection”. The Oregonian. “Portland warns of sewage spill into Willamette River”. The Oregonian. September 9, 2003. http://www.oregonlive.com “Salmon running . . . and running - Thursday was a record-setter at Bonneville Dam”. The Oregonian. September 13, 2003. www.oregonlive.com “Enormous change looms for utilities - A 1935 law designed to thwart fraud in the power industry appears doomed.” Sacramento Bee. September 14, 2003. http://www.sacbee.com |
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USDA Releases $55.7 Million to Restore and Protect Wetlands WASHINGTON, Sept. 12, 2003—Agriculture Secretary Ann M. Veneman today announced the availability of $55.7 million for the Wetlands Reserve Program (WRP) to help protect wildlife, habitats, and ecosystem health. “The Bush Administration is committed to helping farmers and ranchers protect the environment,” said Veneman. “These funds will help farmers and ranchers voluntarily protect and restore our country’s valuable wetland ecosystems.” For more information, got to: http://www.usda.gov/news/releases/2003/09/0315.htm |
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NOAA Reports Summer was a Season of Contrasts: East Cooler and Wetter While West Sweltered Sept. 15, 2003 — Across the United States, temperature and rainfall during the summer of 2003 fluctuated by region. Much of the East was wetter and cooler than average, while most of the West sweltered under near-record high temperatures. Less-than-average rainfall in parts of the West led to worsening drought conditions, especially in the Northwest. For more information, got to: http://www.noaanews.noaa.gov/stories/s2073.htm |
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Statement of Commissioner John Keys On Proposed Silvery Minnow Agreement “I want to congratulate the State of New Mexico for its contribution in bringing diverse interests together to look for ways to identify the issues surrounding supply and use of Middle Rio Grande Basin water. As indicated at our recent Water 2025 conference in Albuquerque, the Department of the Interior and the Bureau of Reclamation continue to support local collaborative solutions that bring all parties to the table…” For more information, got to: http://www.usbr.gov |
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Bills Introduced in the Senate: September 8-12, 2003 |
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Tuesday, Sept. 9
S.
1600 CAMPBELL Thursday, Sept. 11
S.
1612 COLLINS |
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Bills Introduced in the House: September 8-12, 2003 |
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Tuesday, Sept. 9H.R. 3042 BRADY
H.R. 3043 CALVERT
H.R. 3044 COOPER
H.R. 3062 CANNON
H.R. 3064 EHLERS
Thursday, Sept. 11
H.R. 3083 PETERSON |
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Federal Register Notices: September 8-12, 2003 |
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INTERIOR. Bureau of Reclamation. Lower Santa Ynez River Fish Management Plan and Cachuma Project Biological Opinion, for Southern Steelhead Trout, Santa Barbara County, CA. Notice to correct the date of availability of the draft environmental impact statement / environmental impact report (EIS/EIR). September 2, 2003. FR 9/08/03 p.52953
INTERIOR. Bureau of Reclamation. Southern Delivery System Project, Fryingpan-Arkansas Project, Colorado. Notice of intent to prepare an environmental impact statement. Scoping meeting will be held on September 24, 25 and October 7, 9 and 15, 2003. FR 9/08/03 p.52953 INTERIOR. Bureau of Reclamation. Windy Gap Firming Project, Colorado-Big Thompson Project, Colorado. Notice of intent to prepare an environmental impact statement. Written comments on the scope of the issues and alternatives to be evaluated in the EIS will be accepted and should be postmarked or e-mailed by November 7, 2003. FR 9/08/03 p.52955
EPA. Science Advisory Board Staff Office Advisory Council on Clean Air. Compliance Analysis; Special Council Panel for the Review of the Third 812 Analysis; Notification of Two Upcoming Public Teleconferences. Notice. A public teleconference meeting for the Council Panel will be held on September 23 and 24, 2003. FR 9/09/03 p.53164
EPA. Availability of Decision on Petition for Rulemaking To Repeal Regulation Related to Ballast Water. Notice of availability of EPA decision document. EPA's Acting Administrator signed the Decision Document on September 2, 2003. For judicial review purposes, this action is final as of 1 p.m. (Eastern time) on Tuesday, September 9, 2003. FR 9/09/03 p.53166.
EPA. Proposed National Pollutant Discharge Elimination System (NPDES) Storm Water General Permits for Small Municipal Separate Storm Sewer Systems (MS4s) in New Mexico, Indian Country Lands in New Mexico and Indian Country Lands in Oklahoma and Preliminary Designation Decisions for Small MS4s Outside Urbanized Areas in New Mexico; Notice of availability for comment. Interested parties may submit comments on the proposed general permits no later than October 24, 2003. FR 9/09/03 p.53166
INTERIOR. Fish and Wildlife Service. Endangered and Threatened Wildlife and Plants; Withdrawal of the Proposed Rule to List the Mountain Plover as Threatened. Proposed rule; withdrawal. The supporting documentation for this rulemaking is available for public inspection at the Web site http://www.r6.fws.gov/mtnplover. FR 9/09/03 p.53083
EPA. Effluent Limitations Guidelines, Pretreatment Standards, and New Source Performance Standards for the Centralized Waste Treatment Point Source Category. Proposed rule. Comments must be received by October 10, 2003. Persons wishing to request a public hearing regarding the pretreatment standards must do so by September 25, 2003. FR 9/10/03 p.53431
EPA. National Advisory Council for Environmental Policy and Technology. Notice of meeting. NACEPT will hold a two day public meeting on September 24 and 25, 2003. FR 9/10/03 p.53370
EPA. EPA-USDA Committee to Advise on Reassessment and Transition; Notice of Public Meeting. Notice. The meeting will be held on Wednesday, October 1 and 2, 2003. FR 9/10/03 p.53370
EPA. Draft National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges From Construction Activities That Are Classified as Associated With Industrial Activity. Notice. Comments must be received by November 10, 2003. FR 9/10/03 p.53374 INTERIOR. Fish and Wildlife Service. Safe Harbor Agreements and Candidate Conservation Agreements With Assurances; Revisions to the Regulations. Proposed rule. Comments from all interested parties must be received by November 10, 2003. FR 9/10/03 p.53320
AGRICULTURE. Forest Service. National Forest System Land and Resource Management Planning; Extension of Compliance Deadline for Site-Specific Projects. Interim final rule; request for comment. This interim final rule is effective September 10, 2003. Comments must be received in writing by November 10, 2003. FR 9/10/03 p.53294
COMMERCE. NOAA. Fisheries off West Coast States and in the Western Pacific; Pacific Coast Groundfish Fishery; Groundfish Observer Program. Proposed rule; request for comments. Comments on this proposed rule must be received by October 10, 2003. FR 9/10/03 p.53334
AGRICULTURE. Natural Resources Conservation Service. Notice of the Availability of the Draft National Animal Agriculture Conservation Framework (NAACF) for Public Review and Comment. Comments must be received by October 27, 2003. The full text of the NAACF and related documents can be found on the NRCS Homepage at: http://www.nrcs.usda.gov/programs/afo FR 9/10/03 p.53343
EPA. Public Input Requested on the Proposed Yucaipa Valley Water District's Regional Non-Potable Water Distribution System Project, Yucaipa, CA. Notice of Intent to initiate the scoping phase for public input. Dated September 8, 2003. FR 9/12/03 p.53730
EPA. Science Advisory Board Staff Office; Ecological Processes and Effects Committee; Notification of Public Advisory Committee Meeting; Consultation on EPA's Strategy on Suspended and Bedded Sediments; Discussion of EPEC Activities in Fiscal Year 2004. Notice. The meeting will take place on October 2, 3003. FR 9/12/03 p.53735
EPA. Science Advisory Board Staff Office; Notification of Public Advisory Committee Meeting; Executive Committee. Notice. The meeting will take place on October 1-2, 2003. FR 9/12/03 p.53736
INTERIOR. Fish and Wildlife Service . Notice of Availability of a Safe Harbor Agreement and Receipt of Application for an Enhancement of Survival Permit for Activities on the (Crosswhite) EC Bar Ranch, Apache County, AZ. Notice of availability and 30-day public comment period. Written comments on the application should be received by October 14, 2003. FR 9/12/03 p.53747
INTERIOR. Fish and Wildlife Service. Notice of Intent To Prepare an Environmental Impact Statement (EIS) and Notice of a Public Scoping Meeting Related to the Pima County Multi-Species Conservation Plan To Be Held on October 4, 2003. Notice of Intent to prepare an EIS and notice of a public scoping meeting. Written comments on possible conservation alternatives and issues to be addressed in the EIS must be received by October 27, 2003. FR 9/12/03 p.53751
HOMELAND SECURITY. Office of Science and Technology; Announcement of Seminars Announcement of seminars. The seminars will be held September 22, 23, 24, and 26, 2003. All seminars are open to the public, but registration is required. Go to http://www.dhs.gov and click on the ‘Threats & Protection’ link at the top of the page. FR 9/12/03 p.53745 INTERIOR. Bureau of Reclamation. Central Valley Project Improvement Act, Water Management Plans. Notice of availability. All public comments must be received by October 14, 2003. FR 9/12/03 p.53752 |
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