Environment Update
July 23, 2001
Volume II, Number 10
Smoke Clears after House Energy Bill Mark-Ups
Below are selected highlights from the House Energy and Commerce Committee mark-up of the Energy Advancement and Conservation Act that occurred July 17 - 19, 2001.
Full Committee Overturns Subcommittee Efforts to Alter EPA's Low-Sulfur Diesel Rule
On July 18, 2001, the House Energy and Commerce Committee overturned a subcommittee decision to change the EPA's low-sulfur diesel rule. The proposed amendment would have required manufacturers to reduce by 2006 as compared to 2010 as required by the EPA rule, the sulfur emissions in diesel fuel by 97%. Sponsors of the subcommittee amendment, Reps. Ed Bryant (R-Tenn.) and Bart Gordon (D-Tenn.), argued that the amendment would "[M]inimize diesel fuel supply problems while also ensuring that more consumers use the new, cleaner fuel." Gordon later added the phase-in cost to the retailers would be four times greater than if the market was to make the transition all at once.
Tougher Corporate Average Fuel Economy (CAFE) Standards Defeated
On July 18, 2001, Reps. Ed Markey (D-Mass.) and Henry Waxman's (D-Calif.) amendments to the Energy Advancement and Conservation Act to strengthen CAFE standards for light trucks (sport utility vehicles and minivans) were defeated. Rep. Markey proposed to raise the CAFE standard to 37.5 miles per gallon (mpg) by 2011. Rep. Waxman proposed an even stronger standard of 40 mpg by 2017. Opposing members argued that the bill already includes increased standards for light trucks - an increase from 20.8 mpg to 21.7 mpg.
Attempt to Grant California Waiver Fails
On July 18, 2001, Reps. Henry Waxman and Christopher Cox's (R-Calif.) amendment to the Energy Advancement and Conservation Act of 2001 that would have granted California a waiver from the Clean Air Act mandate that requires the use of 2 percent oxygen in reformulated gasoline (RFG) was defeated. The amendment would have allowed California to meet RFG standards by means other than the use of methyl tertiary butyl ether (MTBE) or ethanol. The California delegation argued that because the use of MTBE is banned in the state as a result of contaminated water supplies, the state is being forced to use ethanol, an alternative they say is too costly.
EPA to Review Impaired Waters Rule
On July 16, 2001, the EPA announced that it will undertake a review of the impaired waters rule published July 2000. The EPA filed a motion asking the District of Columbia Circuit Court to stay action on lawsuits over the rule for an 18-month period. The Clean Water Act requires states to identify polluted water bodies, develop clean-up plans and implement clean-up in 8-10 years. The framework of these plans is the Total Maximum Daily Load (TMDL) program. The TMDL program requires states to indicate the amount of pollutants that may be present in the water while meeting water quality standards. The rule has been challenged in court by numerous parties. Congress prohibited the EPA from implementing the rule by denying program funding in 2001. The Agency plans to propose changes by Spring 2002 and aims to adopt such changes within the 18-month time frame. More information on the rule can be found at http://www.epa.gov.
The Senate and House Complete VA-HUD Appropriations Mark-Up
The House and Senate Appropriations Committee completed a mark-up of the VA-HUD bill. In the Senate appropriations bill, EPA funding was set $7.8 billion, more generously than House levels, but still a $60 million decrease from FY 2001 levels. The legislation should be on the floor of both the House and Senate next week.
EPA Funding
(Dollar amount in millions)
|
Program |
FY 2001
Enacted
|
President Budget Proposal for FY 2002 |
House Bill |
Senate Bill |
|
Safe Drinking Water State Revolving Fund |
$823.2 |
$823.2 |
$850 |
$850 |
|
Clean Water
State Revolving Fund |
$1,347 |
$850 |
$1,200 |
$1,350 |
|
Leaking Underground Storage Tanks (LUST) |
$71 |
$71 |
$72 |
$71 |
|
Superfund |
$1,267 |
$1,268 |
$1,200 |
$1,200 |
Senate Environment Committee Chairman Announces Priorities
On July 18, 2001, newly appointed Senate Environment and Public Works Committee Chairman, Sen. Jeffords (I-Vt.), announced brownfields, utility-emissions, and water infrastructure as legislative priorities. In particular, Sen. Jeffords indicated that he would initially focus on a bill that addresses regulation of utility emissions. The multi-pollutant bill would aim to reduce sulfur dioxide, nitrogen oxide, mercury and carbon dioxide emissions. Sen. Jeffords expressed an interest in addressing the nation's water infrastructure needs and indicated it would be a high priority. Sen. Jeffords pledged that he would work with the House members to help get the Senate-passed brownfields legislation, S. 350, signed into law by the end of the summer.
NCSL Contacts:
Molly Stauffer
Committee Director
(202) 624-3584
Laurie Holmes
Staff Assistant
(202)624-8695
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