Issue 36, 2003

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	Eye on Washington: Issue 36 Will & Carlson's Weekly Newsletter Volume V, Issue 36, October 28, 2003
News Stories
CONGRESSIONAL ACTION
	Leavitt EPA Nomination Vote Set for Oct. 28 Utah Gov. Mike Leavitt (R) passed an imposing hurdle towards becoming the next EPA Administrator when Senate Democrats decided to allow an up-or-down vote on Oct. 28 on his nomination. The Senate had been scheduled to hold a vote on a cloture motion on Oct. 27., which became unnecessary when it was conceded that Republicans had more than the 60 votes required to successfully pursue cloture, a step-by-step process enforcing a limited debate and two floor votes, bypassing procedural ‘holds’. Update: The Senate voted on Oct. 28 to confirm Utah Gov. Mike Leavitt (R) to become the next EPA Administrator. The vote was 88-8. Gov. Leavitt is expected to resign from his current position in the next few days and will be in Washington, D.C. for the swearing in ceremony sometime next week.
	EPA Appropriations May Get to Senate Floor The full Senate could take up S.1584, the FY '04 VA-HUD Appropriations Bill, as soon as Oct. 28. The Measure currently includes $8.18 billion for the EPA, but may be subjected to a number of amendments upon reaching the floor, such as a GOP-written rider that removes the ability of California and other States to set stronger air quality standards than does the Federal government. There is some controversy over an Administration proposal to add 100 full-time employees to the EPA Office of Enforcement and Compliance Assurance. The Senate bill, the House version (H.R.2861), and the Bush Administration all budget about $850 million for the Drinking Water State Revolving Loan Fund, but outlined some spending differences for the Clean Water State Revolving Loan Fund. No firm date for the floor debate has been set, and the Senate faces a long list of unfinished Appropriations Bills still on its agenda.
	Interior, Energy-Water Bills Move to Conference The $19.6 billion FY '04 Interior and Energy-Water spending bills will move into Conference Committee this week for consideration, where House and Senate Conferees will discuss funding authorization for the Interior Department and Forest Service, among others. The Senate version of the bill offers $400 million in emergency firefighting funds for the Forest Service and Bureau of Land Management, hoping to prevent a repeat of last year’s borrowing of funds from other accounts by both Agencies during the forest-fire season. An issue of concern for environmentalists and a bipartisan group of House members who have been lobbying the Conferees, is that of prohibiting the use of funds for Rights-of-Way Disclaimers on national monuments, in national parks, Wilderness Study Areas, national wildlife refuges, and on lands within the National Wildlife Preservation System. The $27 billion FY '04 Energy - Water Appropriations Bill Conference Committee meeting is also expected to be scheduled for this week, where funding for the Army Corps of Engineers will be reconciled. The Senate funded the Corps’ water infrastructure projects at $5.1 billion, $298 above the Administration's request and $147 below FY '03. The House bill provided $4.5 billion.
	Four Water Reclamation Bills to Mark Up; All Likely to Pass The House Water and Power Subcommittee will mark-up four wastewater and groundwater reclamation project bills, for action by the Interior Department, on Oct.30. All are expected to pass. They are: H.R. 142, by Rep. Gary Miller (R-Calif.), authorizing the Secretary of the Interior to participate in the Lower Chino Dairy Area Desalination Demonstration and Reclamation Project, and to allow the Interior Department to assist agencies in projects to construct regional “brine lines” in California; H.R. 1156, by Rep. Loretta Sanchez (D-Calif.), to increase the cap on the Federal government's share of the costs for Phase I of the Orange County, California Regional Water Reclamation Project, to $80 million; H.R. 2960, by Rep. Solomon Ortiz (D-Texas), authorizing the Secretary of the Interior to participate in the Brownsville Public Utility Board Water Recycling and Desalinization Project; and, H.R. 2991, by Rep. David Dreier (R-Calif.), authorizing the Secretary of the Interior to participate in the Inland Empire Regional Recycling Project in the Cucamonga County, California Water District.
CONGRESSIONAL HEARINGS
	Calfed Hearing Update Senator Lisa Murkowski, Chairman of the Water and Power Subcommittee, recently released the witness list for the upcoming Calfed Bay-Delta Authorization Act Hearing (S.1097 – Feinstein) on October 30^th: Panel I: Senator Barbara Boxer, Representative George Miller, Representative Ken Calvert Panel II: Bennett Raley, Assistant Secretary for Water and Science, U.S. Department of the Interior Panel III: Tom Graff, Environmental Defense Fund, Tom Birmingham, Westlands Water District, Sunne McPeak, Bay Area Council, David Guy, No. California Water Association, Ron Gastelum, MWD of So. California, and Patrick Wright, Calfed Program Some of the other provisions of the bill sponsored by both California Senators are: the authorization of $77 million for improving flows, water quality and navigation in the San Joaquin, Sacramento and Mokelumne rivers; $153 million for various water conservation, recycling and reuse projects; $100 million for to restore wetlands and riparian habitats in San Francisco Bay, the Delta and its tributaries, and for other projects such as improving fish passages and fighting invasive species.
APPRECIATION
	Retirement Party for Bob Will Last week, a retirement party was held for Bob Will in Washington, DC. Many old friends and business associates were in attendance and paid tribute to Bob’s lengthy and impressive career on Capitol Hill. Representative Ken Calvert described Mr. Will as a great friend and offered his admiration for Bob’s dedication to California water issues. Mr. Will plans to join his wife, Jean, in Escondido, California at the end of the year.
EPA
	New EPA Guidance On October 22, EPA published a Guidance designed to help States implement their non-point source management programs under Section 319 of the Clean Water Act. Allocated through EPA’s budget, the Guidance will direct $100 million to develop watershed-based plans to address runoff in impaired lakes and streams. For the last ten years EPA has been working hard to strengthen its pollution control strategy by focusing more on watersheds rather than individual rivers, lakes and streams. The Guidance became effective upon publication.
	New Committee to Seek Environmental Consensus At an Oct. 20 meeting of the Forum on State and Tribal Toxics Action (FOSTTA), Charles Auer, Director of EPA's Office of Pollution Prevention and Toxics, announced the creation of a new Advisory Committee to the Agency specifically for State and Tribal officials in order to maintain collaboration regarding chemical risks and pollution prevention. The new group, chartered by Congress, is called the National Pollution Prevention and Toxics Advisory Committee and will seek consensus on a wide range of environmental issues. It is composed of representatives of several States, a Tribe, environmental organizations, children's health advocates, the chemical industry, an animal welfare organization, and several academic scientists. Mr. Auer said the Committee was to “weigh in on issues that are at a ‘higher’ policy level than the nuts and bolts topics FOSTTA deals with.”
ENDANGERED SPECIES
	ESA Changes Feared in Defense Bill A Defense Authorization Bill is being negotiated by the leaders of the House and Senate Armed Services Committees, with significantly different environmental approaches to be reconciled. Language passed by the House version will make changes to the Endangered Species Act that would prohibit the Interior Department from designating Defense Department lands as “critical habitats” for either endangered or threatened species, if an integrated natural resource management plan already exists. Both Democrats and environmentalists are worried that the final language will contain this relief provision for the Pentagon at the expense of critical habitats. The Senate-passed version of the bill would also prevent the Interior Department from designating any DOD lands “critical habitats” under the ESA, but contains an exemption clause for the Secretary of the Interior to invoke.
	Klamath River Basin Report Cites Broader Approach Needed for Protection of Fish On October 21, the National Research Council issued a report entitled Endangered and Threatened Fishes in the Klamath River Basin. Instead of focusing primarily on how water levels and flows affect endangered and threatened fish in Oregon’s Upper Klamath Lake and Klamath River, the Report states that the Fish and Wildlife Service and the National Marine Fisheries Service should pay greater attention to other causes of harm, such as removal of migration obstacles, improvement of habitat, and reduction of summer water temperatures in tributaries. The report further states there is no evidence of a causal connection between water levels and the welfare of the lake’s endangered suckers, and noted the effect of higher minimum flows aiding in Coho salmon recovery. The news release and report can be accessed on the web at http://nationalacademies.org
GLOBAL WARMING
	U.N. Panel Suggests Exemptions for Fungicide Ban On Oct. 18, the U.N.-commissioned Technology and Economic Assessment Panel released a report suggesting several exemptions be made to the Montreal Protocol, one specifically to do with allowing the current use of the fungicide methyl bromide by U.S. farmers, originally scheduled to be banned on Jan. 1, 2005, under the 1987 Montreal Protocol on Substances That Deplete the Ozone Layer. The Protocol does provide for “critical use” exceptions for specialty crop growers, as requested on a year-by-year basis, however the Panel is recommending a permanent exemption for U.S. producers of strawberries, raspberries, eggplant, forest nursery seedlings, ginger, fruit tree nurseries, and peppers. Environmental groups such as the Natural Resources Defense Council have criticized the Panel’s recommendations, arguing that the exemptions will only delay the development and implementation of alternatives less harmful to the ozone layer.
ENERGY BILL
	Tax Policies Take Center Stage While no new date has been scheduled for another Energy Bill Conference Committee vote, after the Conference managers put off the vote for the fifth time on Oct. 24, the Senate Energy and Natural Resources Committee Chairman Pete Domenici (R-N.M.) believes tax negotiators must first reach an agreement before the next conference date is set. There are several tax disputes, including: a disagreement over an ethanol excise tax, whether or not tax credits for alternative energy production should be trade-able, and whether tax laws should be used to encourage construction of cleaner-coal plants and environmental upgrades to existing plants. Senator Domenici also noted that the House and Senate versions differ in that the House negotiators' are firmly set upon liability protection for Methyl Tertiary Butyl Ether (MTBE) producers, and certain changes to the Clean Air Act. He said he did not believe those issues would “get past a Senate vote”.
COURTS
	Environmental Groups Challenge Nationwide Permit 21 On October 23, the Ohio Valley Environmental Coalition, the Natural Resources Defense Council and the Trial Lawyers for Public Justice sued the Army Corps of Engineers over the use of Nationwide Permit 21 (NWP 21). The lawsuit was filed in the U.S. District Court for the Southern District of West Virginia. NWP 21 authorizes valley-fills for the disposal of mining waste. The groups charge that the Corps issued the permit without doing an environmental impact statement, instead conducting only an environmental assessment with a finding of ‘no significant impact’. The lawsuit says the disposal of dredge-and-fill material from mountaintop mining operations into valleys and streams has significant individual and cumulative impacts, calling the issuance of NWP 21 “arbitrary, capricious” and a violation of the Clean Water Act.
Western States Newspaper Headlines
	“Corps Releases Next Year's Plan For Missouri River” October 21, 2003. Argus Leader. www.argusleader.com “Corps, State Will Lock Horns” October 21, 2003. The Bismarck Tribune. www.bismarcktribune.com “Farmers Prepare For Crop Loss Cash” October 23, 2003. The Bismarck Tribune. www.bismarcktribune.com “Outlet Opponents Gather At Site” October 24, 2003. The Bismarck Tribune. www.bismarcktribune.com “State Plan Sets Water Goals” October 23, 2003. Albuquerque Journal. www.abqjournal.com “6-Week Aquifer Retail Ban OK'd” October 24, 2003. Austin American Statesman. www.statesman.com “No Aquifer 'Big Boxes' For Now” October 24, 2003. Austin American Statesman. www.statesman.com “Prosecution Of Environmental Crime A Job For Local Officials” October 22, 2003. Austin American Statesman. www.statesman.com “Contamination Found In Water Near Oil Pipeline Break” October 22, 2003. The Arizona Republic. www.azcentral.com “Toxic Dilemma” October 20, 2003. The Sacramento Bee. www.sacbee.com “Water Rate Hike Raises Queries” October 26, 2003. The Sacramento Bee. www.sacbee.com “A Forest Is Born, Small But Mighty” October 26, 2003. The Sacramento Bee. www.sacbee.com “Klamath Basin Overhaul Is Urged In Report” October 22, 2003. The Sacramento Bee. www.sacbee.com “Aerojet Reaches Settlement On Water” October 21, 2003. The Sacramento Bee. www.sacbee.com “Cloud Seeding Validity Is Still Up In The Air” October 20, 2003. The Sacramento Bee. www.sacbee.com
News Found on the Web


	Chief of Engineers Recommends Devils Lake Outlet Washington D.C. - The U.S. Army's Chief of Engineers, Lt. Gen. Robert B. Flowers, has signed a Record of Decision recommending an outlet at Devils Lake, North Dakota to reduce flood damages there and to reduce the risk of a natural overflow from the lake. For more information go to: http://www.hq.usace.army.mil/cepa/releases/devils.html
	Wake Up and Smell the Smoke Washington , D.C. – Wildfires burn in Southern California , threatening homes, air and water quality, and local wildlife, as the Senate considers taking up legislation aimed at improving the health of our nation’s forests. The Healthy Forests Legislation, passed on a bipartisan vote in the House, specifically addresses forest health concerns by allowing fuel reduction projects on wildfire-prone lands. For more information go to: http://resourcescommittee.house.gov/press/2003/1024forests.htm
	Energy Conference Chair Domenici Announces Postponement of Energy Conference Meeting Washington, D.C. – Senate Energy & Natural Resources Chairman Pete V. Domenici today announced the postponement of the Energy Conference meeting scheduled for Tuesday morning, which he Chairs. Sen. Domenici released the following statement… For more information go to: http://energy.senate.gov/news/rep_release.cfm?id=214008
	Department of Energy and Washington State Reach Agreement on Management of Mixed Waste at Hanford Site Washington, DC – The U.S. Department of Energy announced today it has reached an agreement with the State of Washington on the retrieval, storage and processing of mixed waste at the Department’s Hanford Site. This agreement comes after several months of negotiations between the parties. For more information go to: http://www.energy.gov/
	EPA Proposes to Promote Recycling of Hazardous Waste October 20 - A proposed change to Federal hazardous waste management regulations that could significantly increase the recovery of metals, solvents and other usable materials was announced today by EPA. "By reclaiming reusable metals, solvents and other valuable materials from wastes, we can reduce natural resource and water use and conserve energy," said EPA Acting Administrator Marianne Lamont Horinko. For more information go to: http://yosemite.epa.gov/
	The OMB’s Role in Reviews of Agencies’ Draft Rules, and the Transparency of Those Reviews Oct. 22 - The Office of Management and Budget’s Office of Information and Regulatory Affairs (OIRA) reviews hundreds of Agency rules each year before they are published in the Federal Register. These reviews can have a significant effect on a broad array of public policies, and the Environmental Protection Agency’s rules were most often significantly changed. The GAO recommends that OMB “build on recent improvements that have been made in the transparency of the OIRA review process”. For more information, go to the Oct. 22 Reports section of: http://www.gao.gov/
Bills Introduced in the Senate: October 20-24, 2003
	Tuesday, Oct.21 S.1766 LEAHY A bill to amend the Food Security Act of 1985 to prohibit the use of certain conservation funding to provide technical assistance under the Conservation Reserve Program; to the Committee on Agriculture, Nutrition, and Forestry. S.1770 CAMPBELL A bill to establish a voluntary alternative claims resolution process to reach a settlement of pending class action litigation; to the Committee on Indian Affairs. Wednesday, Oct.22 S. Res. 249 MILLER A resolution to strike paragraph 2 of rule XXII of the Standing Rules of the Senate, relating to cloture; to the Committee on Rules and Administration.
Bills Introduced in the House: October 20-24, 2003
	Thursday, Oct 16 H.R.3316 PALLONE A bill to reauthorize the Marine Mammal Protection Act of 1972, and for other purposes; to the Committee on Resources. H.R.3319 REHBERG A bill to amend the Federal Insecticide, Fungicide, and Rodenticide Act to permit the Administrator of the Environmental Protection Agency to register a Canadian pesticide; to the Committee on Agriculture. H.R.3325 SOLIS A bill to designate certain public lands as wilderness and certain rivers as wild and scenic rivers in the State of California, and to establish the Ancient Bristlecone Pine Forest, and for other purposes; to the Committee on Resources. H.R.3326 THOMSON [of California] A bill to extend the King Range National Conservation Area boundary in the State of California to include the Mill Creek, Squaw Creek, and Indian Creek Forests, to the Committee on Resources. H.R.3327 THOMSON [of California] A bill to designate certain public lands as wilderness and certain rivers as wild and scenic rivers as wild and scenic rivers in the northern portion of the State of California, to designate Salmon Restoration Areas, to establish the Sacramento River National Conservation Area, and for other purposes; to the Committee on Resources. H.R.3328 WILSON [of South Carolina] A bill to amend the Safe Drinking Water Act to establish a program to provide assistance to small communities for use in carrying out projects and activities necessary to achieve or maintain compliance with drinking water standards; to the Committee on Energy and Commerce. Monday, Oct.20 H.R.3342 BERRY A bill to amend the National Trails System Act to update the feasibility and suitability study originally prepared for the Trail of Tears National Historic Trail and provide for the inclusion of new trail segments for such trail, and for other purposes; to the Committee on Resources. H. J. Res. 73 YOUNG A joint resolution making further continuing appropriations for the fiscal year 2004, and for other purposes; to the Committee on Appropriations. Tuesday, Oct.21 H.R.3367 SESSIONS A bill to provide for additional responsibilities for the Chief Information Officer of the Department of Homeland Security relating to geospatial information; to the Committee of Government Reform, and in addition to the Committee on Science, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the Committee concerned. H.R.3370 STUPAK A bill to establish a permanent grant program to improve public safety communications and the interoperability of emergency communications equipment; to the Committee on Energy and Commerce. H. J. Res. 74 GOODLATTE A joint resolution recognizing the Agricultural Research Service of the Department of Agriculture on the occasion of its 50^th anniversary for the important service it provides to the Nation; to the Committee on Agriculture. H. Con. Res. 309 MEEHAN A concurrent resolution expressing the sense of Congress regarding the improvement of combined sewer overflow control programs; to the Committee on Transportation and Infrastructure. Friday, Oct.24 H.R.3373 BEREUTER A bill to direct the Secretary of the Interior to monitor the health of the Missouri River and measure biological, chemical, and physical response to changes in river management and other significant variables; to the Committee on Resources.
Federal Register Notices: October 20-24, 2003
	INTERIOR. Bureau of Reclamation. Water Transfer Program for the San Joaquin River Exchange Contractors Water Authority, 2005 to 2014. Notice of intent to prepare an (EIS/EIR) and notice of scoping meeting. A public scoping meeting will be held on November 18, 2003. Written comments due by November 25, 2003. FR 10/21/03 p.6011 EPA. FIFRA Scientific Advisory Panel; Notice of Public Meeting. The meeting will be held on December 11 and 12, 2003. Nominations: Nominations of scientific experts to serve as ad hoc members of the FIFRA SAP for this meeting should be provided on or before November 3, 2003. FR 10/22/03 p.60365 EPA. Draft Instructions for Reporting for the 2006 Partial Updating of the TSCA Chemical Inventory Database; Request for Comment; Notice of Public Meeting. The public meeting occur on October 22, 2003. FR 10/22/03 p.60386 INTERNATIONAL BOUNDARY AND WATER COMMISSION, United States and Mexico, United States Section. Notice of Intent To Prepare a Supplemental Environmental Impact Statement for Clean Water Act Compliance of the South Bay International Wastewater Treatment Plant, San Diego County, CA. The USIBWC will conduct a public scoping meeting on November 12, 2003. FR 10/22/03 p.60418 INTERIOR. Bureau of Land Management. Notice of Availability of a Draft Resource Management Plan and Environmental Impact Statement for the Colorado Canyons National Conservation Area, Grand Junction Field Office in Mesa County. Written comments on the DRMP/EIS will be accepted for 90 days following publication in the Federal Register. FR 10/22/03 p.60410 INTERIOR. Bureau of Reclamation. American Basin Fish Screen and Habitat Improvement Project, Sacramento River, California. Notice of intent to prepare an environmental impact statement / environmental impact report and notice of scoping meeting. A public scoping meeting will be held on November 20, 2003. Comments due by December 4, 2003. FR 10/22/03 p.60414 AGRICULTURE. Agricultural Research Service. Office of the Under Secretary, Research, Education, and Economics, USDA. The Secretary's Advisory Committee on Biotechnology and 21st Century Agriculture; Nominations. Written nominations must be received by fax or postmarked on or before November 24, 2003. FR 10/23/03 p.60633 AGRICULTURE. Animal and Plant Health Inspection Service. Hydrilla; Availability of an Environmental Assessment and Finding of No Significant Impact from biological control agents to reduce the severity of infestations of the aquatic weed Hydrilla (Hydrilla verticillata) in the continental United States. Dared: October 17, 2003. FR 10/23/03 p.60636 EPA. Nonpoint Source Program and Grants Guidelines under Section 319 of the Clean Water Act for States and Territories. Notice of availability. The guidelines are effective October 23, 2003. FR 10/23/03 p.60653 EPA. FIFRA Scientific Advisory Panel; Notice of Public Meeting. The meeting will be held from December 9-10, 2003. Nominations of scientific experts to serve as ad hoc members of the FIFRA SAP for this meeting should be provided on or before November 3, 2003. FR 10/24/03 p.60984 EPA. Standards for the Use or Disposal of Sewage Sludge: Decision Not To Regulate Dioxins in Land-Applied Sewage Sludge; Notice. This final decision is promulgated for purposes of judicial review as of 1 p.m. Eastern Time on November 7, 2003. Judicial review of this final action can be obtained only by filing a petition for review in the United States Court of Appeals within 120 days. FR 10/24/03 p.61083 AGRICULTURE. Forest Service. Lake Tahoe Basin Federal Advisory Committee. Notice of meeting. The meeting will be held Nov. 14, 2003. FR 10/24/03 p.60905 INTERIOR. Bureau of Land Management. Notice of Public Meeting, Upper Snake River Resource Advisory Council Meeting. Notice of public meeting. The meeting will be held November 19 and 20, 2003. FR 10/24/03 p.60905 COMMERCE. NOAA. NMFS. Fisheries off West Coast States and in the Western Pacific; Pacific Coast Groundfish Fishery; Annual Specifications and Management Measures; Trip Limit Adjustments; Corrections. Inseason adjustments to trip limits and rockfish conservation areas; corrections; request for comments. Comments on this rule will be accepted through November 24, 2003. FR 10/24/03 p.60865 COMMERCE. NOAA. NMFS. Endangered and Threatened Species; Take of Anadromous Fish. Notice of availability of a draft Environmental Assessment (EA) under NEPA of the potential effects of approval of a Fishery Management and Evaluation Plan (FMEP) submitted by the Oregon Department of Fish and Wildlife (ODFW) for a Coho Salmon fishery. Request for comment. Written comments due by November 10, 2003. FR 10/24/03 p.60915 AGRICULTURE. Natural Resources Conservation Service. Little Wood River Irrigation District, Gravity Pressurized Irrigation Delivery System, Blaine County, ID. Draft environmental impact statement availability for review and comment. Comments will be received for a 45 day period commencing with this date of publication.FR 10/24/03 p.60907 NUCLEAR REGULATORY COMMISSION. State of Utah: NRC Staff Assessment of Utah's Proposed Alternative Standard to Use Utah's Existing Groundwater Regulation in Lieu of the Nuclear Regulatory Commission Regulations; Addition of Supplementary Information, Notice of Availability of Documents, and Extension of Comment Period. The comment period expires on November 24, 2003. FR 10/24/03 p.60885

New EPA Guidance