Environment Update
July 9, 2001
Volume II, Number 9
NCSL Testifies on Brownfields Legislation
Three panels of witnesses testified before a House subcommittee on June 28 on two draft Brownfields bills, one tendered by Representatives Paul Gillmor (R-Ohio), the subcommittee chair, and Frank Pallone (D-N.J.), the subcommittee ranking member. Maryland Delegate Leon Billings, vice chair of NCSL's Environment Committee, testified that the key issue for states is "finality." Delegate Billings states that "the potential exposure of future owners to federal cleanup has a chilling effect on investing in property which may be contaminated. As a result many brownfield sites remain idle and cleanup and redevelopment opportunities particularly in our older industrial centers are lost as well as new jobs, new tax revenues, and the opportunity to manage growth." Delegate Billings further urged the subcommittee not to mix the Brownfields legislation with Superfund amendments since it merely serves to confuse these different programs. The House Energy and Commerce Committee is hoping to finish a markup on its version before the August recess. NCSL's testimony may be found at www.ncsl.org/statefed/brwnfdtstB.htm
Legislation is introduced to Lift Oxygenated Fuel Requirements for California
On June 26, 2001, a bill (H.R. 2270) to exempt California from a federal fuel mandate was introduced by all 52 members of the California delegation to the U.S. House of Representatives. The bill would amend the Clean Air Act (CAA) to permit the exclusive application of California regulations regarding reformulated gas. In April 1999, California requested a waiver from the U.S. Environmental Protection Agency (EPA) to ban the use of oxygenates, claiming the state could reduce ground level ozone without using them. On June 12, 2001, the EPA denied California's request on the basis that the state failed to demonstrate what the impact of the action would be on the formation of ozone if the waiver was granted. The California delegation stated that H.R. 2270 "creates more flexibility in complying with the CAA. The overlapping applicability of the federal and state reformulated gasoline regulations has reduced the ability for producers of reformulated gasoline to take advantage of the flexibility provided by the more stringent California program." The bill was referred to the House Energy and Commerce Committee. More information on the bill may be found at www.ncsl.org/statefed/mtbeIB.htm. More information on California's request for a waiver may be found at www.ncsl.org/programs/esnr/CLEANAIR.HTM.
EPA Proposes Regulations for Coke Pollutants
On July 3, 2001, the U.S. EPA proposed emissions standards for pollutants from coke ovens. Coke, a form of coal used to manufacture iron and steel, is made by heating coal in ovens to eliminate impurities. EPA has pinpointed several hazardous pollutants, produced through the production process, that are said to be linked to increased cancer risk, nervous system effects and fetal development problems. EPA has deemed the proposal NOT to be a "significant action" as a result of having a less than $100 million impact on the economy. Comments on the proposed rule are due by October 1, 2001. More information on coke oven emissions may be found at www.lakes-environmental.com/toxic/COKE_OVEN_EMISSIONS.HTML
Session on Global Warming Added to Agenda at NCSL Annual Meeting
In response to a Bush Administration request, the National Academy of Sciences released a report in June concluding that greenhouse gases are causing surface temperatures to rise. On Wednesday, August 15, 8:00am - 9:30a.m. in San Antonio, Texas, come learn what the academy's report says and what states can do to respond. More information on NCSL's annual meeting can be found at www.ncsl.org.
NCSL Contacts:
Molly Stauffer
Committee Director
(202) 624-3584
Laurie Holmes
Staff Assistant
(202)624-8695 |