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Eye on Washington:  Volume VII, Issue 2
Will & Carlson's Weekly Newsletter


Volume VII, Issue 2    Jan. 14, 2005

Congressional Activity

Two New Commerce Subcommittees Possible in 109th

 

Senate Commerce Committee Chairman Ted Stevens (R-AK) has offered a proposal to create two new Subcommittees for the 109th Congress; one for ‘Climate Change’ and one for ‘Oceans Policy’.  The need for the full Committee to give its attention to other issues was mentioned, in particular the Magnuson-Stevens Fishery Conservation and Management Act.  Subcommittee proposals such as these have to be ratified by the full Committee, which will involve gathering support from both sides of the aisle.

During the 108th Congress, Senator McCain used the whole Committee as the platform for several Hearings on climate change and to promote a system to reduce greenhouse gas emissions, called “Cap-and-Trade”.  Chairman Stevens acknowledged that the earth’s warming climate was affecting his home state, where the permafrost is melting and a range of ecological changes were occurring.  He said, “We have to devise some way to deal with Alaska's problems," but added “It is clearly not the actions of mankind that have brought about the changes that we're seeing.”  

 

Chairman Stevens also said he wants to revive the National Ocean Policy Study (NOPS), that was disbanded in 1994 during Congressional budget.  The purpose would be to consolidate the 212 recommendations offered by the U.S. Commission on Ocean Policy into legislative proposals and implement them.  

New Committee and Subcommittee Assignments

 

  • Senator Thad Cochran (R-MS) was confirmed last week by Senate Republicans to be the new Chairman of the Senate's Appropriations Committee.

  • Senate Majority Leader Frist has appointed Senators John Thune (R-SD), Jim DeMint (R-SC), David Vitter (R-LA) and Johnny Isaakson (R-GA) to the Environment and Public Works Committee; they will replace outgoing Republican Senators Mike Crapo (R-ID), John Cornyn (R-TX), Craig Thomas (R-WY), and Wayne Allard (R-CO).

  • Majority Leader Frist chose Senator Lincoln Chafee (R-RI) to Chair the Environment and Public Works Subcommittee on Fisheries, Wildlife and Water. 

  • Senate Democrats have appointed Senator John Corzine (D-NJ) and Senator Barak Obama (D-IL) to posts vacated on the Environment and Public Works Committee by Senators Reid (D-NV), Wyden (D-OR), and by retiring Senator Graham (D-FL). 

  • Rep. James Walsh (R-NY) has applied for a waiver of the Rules from House Leadership that would permit him to remain as Chairman of the House Appropriations Subcommittee on VA/HUD and Independent Agencies.  He has served three consecutive terms and is not normally allowed a fourth.  House Leadership will likely make a decision sometime after the 24th of January.

House Resources Committee

Over on the House side, the assignments for the Committee on Resources will be finalized later this month, when the House leadership publishes its final Committee roster.

 

 

  • Rep. George Radanovich (R-CA) is expected to be named Chairman of the House Water and Power Subcommittee, moving from his post as Chairman of the Parks and Public Lands Subcommittee.  No information yet on plans for the current Chairman, Ken Calvert (R-CA). 
  • Current Resources Committee Member Denny Rehberg (R-MT) was recently named to the House Appropriations Committee, and there is a question about his eligibility to remain with Resources.  Resources Committee Chairman Pombo (R-CA) said he may seek a waiver on the issue.

Energy Bill Update

 

The House has twice passed H.R.6, a Comprehensive Energy Bill and, despite previous indications from the Energy and Commerce Committee Chairman, Joe Barton (R-TX), some House Republicans are considering an energy bill strategy of quick and early passage, rather than one of waiting for the Senate to take the lead.  Senate Energy and Natural Resources Committee Chairman Pete Domenici (R-NM) has scheduled a Jan. 24th conference on natural gas in advance of bipartisan Committee discussions and meetings on drafting a new Energy Bill. 

Congressional Hearings

January 19th

The Senate Energy & Natural Resources Committee will hold a confirmation Hearing on Samuel Bodman’s nomination to be the new Secretary of the Department of Energy.  

366 Dirksen Senate Office Building at 2:30 p.m.

Budget

White House FY'06 Budget Request

 

 

On February 7th, President Bush will submit his Budget Request for FY’06.  If he follows suit with the past four Requests he made to Congress, the President will ask for cuts in many domestic programs including those covering environment and energy issues.  In FY’03 he proposed to reduce EPA’s budget by $286M, and in FY’05 it was $605M; Congress did not follow those Requests and, last year, appropriated funds amounting to $8.02B for EPA, well above the $7.76B Request.  Some in Washington believe the figure will be $300M in Requested cuts at EPA in FY’06.

 

The Request will likely unveil tight budgets for the majority of non-defense related discretionary spending for next year, including the Army Corps of Engineers and the Departments of Interior, Agriculture and Transportation.  Rep. Jerry Moran (R-KS), Chairman of the Agriculture Commodities Subcommittee, said on the 11th that farm program cuts might come from commodity payments, although others speculate conservation programs would be hardest hit.  Last year’s farmland conservation funding was slashed to $3.5B, down $465M from the levels established in the 2002 Farm Bill.  

 

Recent Congressional Budget Office estimates estimate the national deficit figure for last year was about $413B.  White House Chief of Staff Andrew Card said on January 11th that “discipline will be there 'big time’… in the Budget for 2006.”  

EPA

"After the Storm" Will Broadcast on the Weather Channel in January

 

 

Beginning Sunday, Jan. 16, a half-hour television special called "After the Storm" about watersheds that was co-produced by the EPA and The Weather Channel, will begin airing.

The tentative scheduled is:

Tuesday, Jan. 18, 2005 at 7:30 pm EST
Thursday, Jan. 20, 2005 at 12:30 pm EST
Friday, Jan. 21, 2005 at 7:30 pm EST
Saturday, Jan. 22, 2005 at 1:30 pm EST
Saturday, Jan. 22, 2005 at 4:30 pm EST
Sunday, Jan. 23, 2005 at 12:30 pm EST
Sunday, Jan. 23, at 5:30 pm EST 

 

VHS copies of the program as well as broadcast quality Beta SP tapes are available free from the National Service Center for Environmental Publications at (513) 489-8190 or 1 (800) 490-9198, or by sending an email to ncepimal@one.net.  More information about the video is available at EPA's Web site at http://www.epa.gov/weatherchannel/ 

Support Grows for 10-year NPDES Permits

 

 

Efforts at the state level and among some industry groups, such as the Association of State & Interstate Water Pollution Control Administrators, are aimed at extending the length of certain NPDES permits to ten years, from the current five.  State officials say this would streamline the waterbody reporting cycle – lessening the state’s administrative burden.  EPA Assistant Administrator for Water, Benjamin Grumbles, said, “If there’s a willingness by a regulatory authority to really ensure accountability, it may be that there can be some real gains in moving to permit terms that are longer than five years.” 

 

Another recommendation was to coordinate the state’s biennial reports to Congress on the health of all their waters [CWA 305 (b)] with the development of their impaired waters lists as required under CWA 303 (d).  Both are required every two years, but at different times.

New Reports of Interest

Environmental Science & Technology Online

Volume 39, Issue 1 Cover article: “Coal-fired plants, such as the one in this Corbis photograph, are major sources of mercury emissions.”  

http://pubs.acs.org/subscribe/journals/esthag-a/39/i01/pdf/010105feature_mason.pdf

 

current cover

 

 

 

 

 

 

 

 

Health Implications of Perchlorate Ingestion

By the Committee to Assess the Health Implications of Perchlorate Ingestion, National Research Council

191 pages, 2005    ISBN:  0309095689

This is a forthcoming title; it has not yet been published and there are no prepublication copies or uncorrected proofs available in print for review in the interim.  There are no pdf versions of this report yet available for purchase, but we are working hard to make as many available as possible.”    http://books.nap.edu/catalog/11202.html   

Currently, the Perchlorate report can only be read online, one page at a time, at:

http://www.nap.edu/books/0309095689/html/

 

 

National Whole Effluent Toxicity (WET) Implementation Guidance Under the NPDES Program

“This Guidance provides recommendations for implementing NPDES WET programs in a manner consistent with existing EPA guidance and regulations and advances in water quality management under the Clean Water Act.  This guidance applies to all NPDES permitting authorities - Federal, State, or Tribal.  This document has been developed to promote national consistency in WET implementation programs to the extent practical, and to ensure that the information and requirements for WET in all NPDES permits are clear and well documented…”  http://www.epa.gov/npdes/pubs/wet_draft_guidance.pdf

 

Interim Report of the Committee on Changes in New Source Review Programs for Stationary Sources of Air Pollution by the Committee on Changes in New Source Review Programs for Stationary Sources of Air Pollutants, National Research Council   208 pages, 2005

Jan. 13 – “An interim report from the National Academies' Board on Environmental Studies and Toxicology describes the approach the Committee that wrote the report will use to analyze changes to EPA’s New Source Review programs, which regulate the modification of large, stationary sources of air pollution.”  

 

This is a forthcoming title; it has not yet been published and there are no prepublication copies or uncorrected proofs available in print for review in the interim.  There are no pdf versions of this report yet available for purchase, but we are working hard to make as many available as possible.”    

Read it now online for free: http://www.nap.edu/books/0309095786/html/

A Website of Interest for Monday, Jan. 17 http://www.stanford.edu/group/King/

 

Key Agency News Releases

.................................................................................................................................................................

Debris-Flow Advisory for Southern California

USGS National Landslide Hazard Information Center

January 7, 2005 – “The U.S. Geological Survey today advised State and Federal agencies about the continuing possibility of landslides and debris flows in seven counties of southern California due to recent rains, melting snow, and anticipated rain forecasted by the National Weather Service.”  For more information, go to: http://www.usgs.gov/public/press/public_affairs/press_releases/pr2024m.html  

 

“Updated Landslide Hazard Maps for Southern California”

http://landslides.usgs.gov/html_files/landslides/05jan_ca/forecast.html

“Preliminary Soil-Slip Susceptibility Maps, Southwestern California” 

http://geopubs.wr.usgs.gov/open-file/of03-17/

“Areas likely to experience landslides”

http://landslides.usgs.gov/html_files/landslides/05jan_ca/forecast.html

 

 

The Bureau of Reclamation announces they will revise the 2002 Water Conservation and Efficiency Criteria for the development of Water Management Plans.  These Criteria were developed by Reclamation in accordance with the Central Valley Project Improvement Act of 1992 (CVPIA) and the Reclamation Reform Act of 1982… After February 28, 2005, Reclamation will develop Draft Criteria and schedule workshops, giving the public an opportunity for comments and questions.”  

For more information, go to: http://www.usbr.gov/newsroom/newsrelease/detail.cfm?RecordID=3641  

 

“EPA announces today the first of two proposed rules intended to reduce the time and resources needed to submit annual reports to EPA’s Toxics Release Inventory (TRI).  TRI data and information are currently provided to federal officials by nearly 23,000 industrial and Federal facility owners and operators nationwide.”  Comments on the proposed rule are due to EPA by March 11, 2005.  For more information, go to:  http://epa.gov/tri/tridata/tier3/formsmodrule.html  

 

EPA Proposes to Extend Permit Deadline for Stormwater Discharges

Jan. 13 – “EPA proposes to extend until June 12, 2006, the regulatory deadline that would require stormwater permit coverage for oil and gas construction activities that disturb between one and five acres of land.  The Agency needs additional time to consider comments raised by stakeholders and to consider the economic, legal and procedural implications related to controlling stormwater discharges from these sites.  The public may provide comments on the proposed extension for 30 days upon publication in the Federal Register.”  A copy of the proposed extension and information about EPA’s stormwater program is available at: http://www.epa.gov/npdes/stormwater 

 

 

Public Comments Sought for the Preparation of the Draft Anchor Reservoir Resource Management Plan

Jan. 12th – “The Bureau of Reclamation is seeking public comment for use in the preparation of the Anchor Reservoir Resource Management Plan.  Reclamation is in the process of preparing an integrated document to develop and implement plans for land use, and the development and protection of natural, cultural, and recreational resources at Anchor Reservoir.”  For more information, go to:  http://www.usbr.gov/newsroom/newsrelease/detail.cfm?RecordID=3681

 

A sage grouse.

NRCS to Continue Support of Greater Sage Grouse Habitat Conservation

Jan. 13, 2004 – “The Natural Resources Conservation Service (Dept. of Agriculture) will continue support of greater sage grouse habitat efforts through voluntary conservation programs, employee training and partnership activities.  The U.S. Fish and Wildlife Service announced on Jan. 7 that the greater sage grouse does not warrant protection under the Endangered Species Act.”  For more information, go to:  http://www.nrcs.usda.gov/news/releases/2005/sagegrousehabitat.html

 

 

 

CA Prop 40 Funding Deadline Nears

“The California Department of Water Resources has $4.575 million in Proposition 40 funds now available for grants in Fiscal Year 2004-2005.  The DWR is soliciting applications for these funds from communities with stream restoration needs.  The grant cap is $1 million per project.  In past years, the average grant award has been approximately $350,000.” The application deadline for this grant cycle is 4:00 pm on Tuesday, January 25, 2005. For more information, go to:

http://www.watershedrestoration.water.ca.gov/urbanstreams/appcycle/index.cfm

 

 

New Dietary Guidelines

Jan. 12, 2005- “HHS Secretary Tommy G. Thompson and Agriculture Secretary Ann M. Veneman today announced the release of the Dietary Guidelines for Americans 2005, the Federal government's science-based advice to promote health and reduce risk of chronic diseases through nutrition and physical activity.” For more information, go to:  

http://www.usda.gov/wps/portal/!ut/p/_s.7_0_A/7_0_1OB?contentidonly=true&contentid=2005/01/0012.xml

Western Newspaper Headlines

[click on headlines to be taken to articles]

Speakout: You, I will foot Animas-La Plata bill

Rocky Mountain News January 12, 2005

 

 

Anderson's State of the City full text
Salt Lake Tribune, UT - Jan 11, 2005

 

 

Farmland wiped out by waters
Salt Lake Tribune, UT - Jan 14, 2005

 

 

Council to consider easing water restrictions
Lamar Daily News, CO - Jan 12, 2005

 

 

Storms replenish Inland area lakes
Press-Enterprise (subscription), CA - Jan 12, 2005

 

 

Five questions about the storms
The Desert Sun, CA - Jan 12, 2005

 

 

Denver Water's Data Warehouse
Line 56 News - Jan 11, 2005

 

 

Group calls state water-allocation rules unconstitutional
El Defensor Chieftain, NM - Jan 12, 2005

 

 

US Erred on Salmon Listing, Judge Rules
Los Angeles Times (subscription), CA - Jan 13, 2005

 

 

Water issues looming large
Rocky Mountain News, CO - Jan 10, 2005

 

 

Storm Leaves LCF in Tatters; Clean-up Begins
Valley Sun, CA - Jan 13, 2005

 

 

James Canyon residents hear details of regional water system
Alamogordo Daily News, NM - Jan 12, 2005

 

 

Farmers OK deal to send water south
Sacramento Bee, CA - Jan 13, 2005

 

 

Despite recent snowstorm, snowpack levels near record lows
Seattle Post Intelligencer, WA - Jan 13, 2005

 

 

Drought far from over
Arizona Daily Sun, AZ - Jan 13, 2005

 

 

Utility district may soon use local river water
North County Times, CA - Jan 14, 2005

 

 

Bottler denies blame for drop in well levels
Press-Enterprise (subscription), CA - Jan 14, 2005

 

 

Wet spell won't end drought
San Diego Union Tribune, CA - Jan 14, 2005

Bills Introduced in the Senate

No bills were introduced this week

Congress is out of Session until January 20th - Inauguration Day -

Bills Introduced in the House

No bills were introduced this week

Congress is out of Session until January 20th - Inauguration Day -

Federal Register Notices

ENERGY.  Environmental Management Site-Specific Advisory Board, Northern New Mexico.  Notice of open meeting.  This notice announces a meeting of the Environmental Management Site-Specific Advisory Board, Northern New Mexico on January 19, 2005 in Pojoaque, NM.  The purpose of the Board is to make recommendations to DOE in the areas of environmental restoration, waste management, and related activities.  FR  1/10/05  p.1696 

 

 

EPA.  National Drinking Water Advisory Council's Water Security Working Group Meeting Announcement.  Notice.  The EPA announces the fourth public meeting of the Water Security Working Group of the National Drinking Water Advisory Council.  The purpose of this meeting is to provide an opportunity for the WSWG members to continue deliberations on the features of active and effective security programs for drinking water and wastewater utilities (water sector), to continue deliberations on incentives to encourage broad adoption of active and effective security programs in the water sector, and to continue deliberations on measures of the performance of water security programs.  The WSWG meeting is January 25-27, 2004, in Phoenix, Arizona.  FR  1/10/05  p.1707

 

 

INTERIOR.  Fish and Wildlife Service.  Notice of Intent to Scope for the Preparation of an Environmental Impact Statement for the Proposed Issuance of an Incidental Take Permit Associated With the Agua Caliente Band of Cahuilla Indians Habitat Conservation plan, Riverside County, CA.  The requested incidental take permit, if granted, would authorize the permittees to incidentally take species federally listed under the Act as a result of activities proposed to be covered under the HCP.  Written comments should be received on or before February 9, 2005.  FR  1/10/05  p.1737  

 

EPA.  Promoting Water Conservation in Multi-Family Housing.  Request for comment.  The EPA is seeking public comment on water metering and billing systems that promote full cost and conservation pricing to achieve water conservation within the drinking water industry.  In addition, EPA seeks information on ways that residential and commercial water users, and drinking water utilities can reduce water use and promote water conservation.  Follow the on-line instructions for submitting comments using the Agency Web site: http://www.epa.gov/edocket  Comments must be received on or before March 14, 2005.  

FR  1/11/05  p.1892 

 

INTERIOR.  Fish and Wildlife Service.  Endangered and Threatened Wildlife and Plants; 12-Month Finding for Petitions To List the Greater Sage-Grouse as Threatened or Endangered; Proposed Rule.  We, the U.S. Fish and Wildlife Service, announce a 12-month finding for three petitions to list the greater sage-grouse as threatened or endangered under the Endangered Species Act of 1973, as amended.  After reviewing the best available scientific and commercial information, we find that listing is not warranted. The finding announced in this document was made on January 6, 2005. FR  1/12/05  p.2243 

 

 

INTERIOR.  Bureau of Land Management.  Meeting Notice for the Southeast Oregon Resource Advisory Council.  The Council will hold a meeting for all members on February 7 and 8, 2005 in Klamath Falls, Oregon.  Members of the public may attend the meeting in person.  Information to be distributed to the Council members is requested in written format 10 days prior to the Council meeting.  FR  1/13/05  p.2426  

 

INTERIOR.  Office of the Assistant Secretary--Water and Science; 
Utah Reclamation Mitigation and Conservation Commission; Central Utah Water Conservancy District.  
Central Utah Project Completion Act.  Notice of Availability of the Record of Decision on the Utah Lake 
Drainage Basin Water Delivery System Final Environmental Impact Statement documenting the 
Department of the Interior's approval to proceed with the construction of the Proposed Action Alternative.  
Dated: January 7, 2005.  FR  1/14/05  p.2651

 

 

INTERIOR.  Bureau of Land Management.  Notice of Availability of the Proposed Upper Deschutes 
Resource Management Plan and Final Environmental Impact Statement of the Deschutes Resource 
Area of the Prineville District.  BLM Planning Regulations state that any person who participated in the 
planning process, and has an interest that may be adversely affected, may protest.  The protest must 
be filed within 30 days of the date that the EPA publishes its notice in the Federal Register.  
FR  1/14/05  p.2653

 

 

EPA.  Notice Announcing Public Meeting of the Clean Air Act Advisory Committee's Task Force on the Performance of the Title V Operating Permits Program and Opportunity To Submit Comments.  The meeting will be held on February 7, 2005 in San Francisco at the Marine's Memorial Club and Hotel, The EPA solicits interested parties with experience in the title V program to provide testimony to the Task Force on what is working well and/or poorly in this program. Notify EPA by January 24, 2005 so that speaking times may be arranged or to submit written comments.  See this Web site for updated information on the Task Force: http://www.epa.gov/oar/caaac/titlev.html  

FR  1/14/05  p.2631

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