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Environment Update An Information Service of the NCSL Standing Committee on Environment and Natural Resources
Volume VI, Number 2 February 18, 2005
Previous Issues
CLEAR SKIES MARKUP POSTPONED
Staring at a possible 9-9 deadlock on February 16, Senate Environment and Public Works Committee Chairman James Inhofe (R-Oklahoma) delayed markup of S. 131 for two weeks. In the chairman’s proposed substitute, unveiled a day earlier, he attempted to garner more support by moving up S. 131’s cap and trade deadlines for meeting sulfur dioxide, nitrogen oxide and mercury emissions reduction by two years. He also removed most industrial source exemptions, established an emergency process for handling mercury hot spots and added clean coal technology incentives. Senator Inhofe’s substitute also partially clarified state authority to have stricter and stronger emission standards and to allow states to hold emission allowances and credits. Over the next two weeks, the focus will turn to options for regulating carbon dioxide emissions – one of the most contentious obstacles to passing multi-pollutant legislation.
SECTION 126 PETITIONS IN THE NEWS: DEADLINE SET FOR EPA TO ACT ON N.C. PETITION
One of the many points of contention surround the Clear Skies legislation is the changes it proposes to the Section 126 petitions designed to address transport issues. In a consent decree filed on February 17 in the U.S. District Court for the Eastern District of North Carolina, EPA agreed to issue a proposed rule by Aug. 1 addressing the electric utility pollution in 13 Southeastern and Midwestern states. A final rule is due by March 15, 2006.
APPROPRIATIONS COMMITTEE SEES CHANGES IN THE HOUSE
After weeks of negotiations and debate the House Appropriations Committee approved a new subcommittee structure on 2/15/05. The reorganization eliminates three panels and shuffles jurisdiction among the remaining 10 subcommittees. With the elimination of the VA/HUD-Independent Agencies Subcommittee, appropriations decisions for the Environmental Protection Agency, Council on Environmental Quality and the National Institute of Environmental Health Sciences will be transferred to the Interior, Environment and Related Agencies Subcommittee. Also affected in the change will be the jurisdiction of the Defense subcommittee as Facilities Sustainment, Repair & Modernization and Environmental programs are transferred to the Military Quality of Life and Veterans Affairs subcommittee. There is no change to the subcommittee structure in the Senate as of yet though committee aides have indicated that Senate Appropriations Committee Chairman Thad Cochran (R-Mississippi) may propose some changes following the President’s Day Recess.
DEBATE TAKES SHAPE ON THIS YEAR’S ENERGY BILL
With hearings being held by both the House and Senate, the future of a comprehensive energy package is beginning to take form. Just one day after House Energy and Commerce Chairman Joe Barton (R-Texas) and Rep. Ralph Hall (R-Texas), chairman of the Energy and Air Quality Subcommittee, suggested it may be easier to pass the energy bill without language addressing drilling in the Arctic National Wildlife Refuge (ANWR) the record was set straight by House Majority Leader Tom DeLay (R-Texas). According to Rep. DeLay, the arctic drilling provision will be in the energy bill this year just as it has been in years past. While the primary jurisdiction for an energy bill lies with Chairman Barton’s committee, individual titles fall under the jurisdiction of a number of other committees including the House Resources Committee chaired by Rep. Richard Pombo’s (R-Calif.). Chairman Pombo’s committee has jurisdiction over drilling on federal lands and intends to markup an ANWR drilling bill next month. According to Rep. DeLay, this along with other specific committee bills will be combined "to form the comprehensive package that will reach the House floor." Also on the table for discussion are the size & budgetary impact of the bills tax provisions as well as how to address the waiver from product liability lawsuits for refiners of methyl tertiary butyl ether (MTBE), the sticking point that derailed final passage of the Energy bill in the 108th Congress.
NCSL SPRING FORUM - APRIL 14- 16, 2005
New Congress - New Cabinet Members - New Players The town has changed and you need to know the players. Come to the Spring Forum to: •Look at recent trends and issues •Develop innovative state policies •Network with colleagues •Take a stand on state-federal issues
Make plans to attend today!
For more information: http://www.ncsl.org/programs/seminars/forum/Index.htm
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