Environment Committee Newsletter for August 23, 2002

Environment Update

August 23, 2002
Volume III, Number 6

Update on Federal Multi-Emissions Legislation
Prior to the August recess, congressional members released the administration's legislative proposal for The Clear Skies Initiative (H.R. 5266, S. 2815). The administration unveiled the legislation somewhat earlier than expected in response to the Senate Environment and Public Works Committee approval (10-9) of Chairman Jim Jeffords' (I-Vt.) Clean Power Act (S. 556) on June 27, 2002. Both proposals provide a cap on sulfur dioxide, nitrogen oxide and mercury. The Jeffords proposal also includes a cap on carbon dioxide emissions - a point of controversy. Because of the Senate's bipartisan opposition to a carbon dioxide cap provision, Senators Lincoln Chafee (R-R.I.) and Thomas Carper (D-Del.) are seeking a compromise that would provide carbon dioxide regulation flexibility. Senator Jeffords plans to hold a hearing on the administration's Clear Skies bill before the end of the session, but sources say it is doubtful the Senate will allow floor consideration of either S. 556 or S. 2815. As for the House, Representative Joe Barton (R-Texas), chairman of the House Energy and Air Quality Subcommittee, plans to hold a hearing on Clean Air Act issues this fall but action on H.R. 5266 will most likely not happen until the 108^thCongress.

Senate Approves Yucca Mountain, Nevada Continues to Fight
On July 9, 2002, in a 60 to 39 vote, the Senate approved S.J. Res. 34 (H.J. Res. 87), moving forward the use of Yucca Mountain as the nation's permanent high-level nuclear waste repository. Department of Energy (DOE) officials plan to have a license application to the Nuclear Regulatory Commission (NRC) by 2004 and hope to begin shipment to the facility by 2010. On July 12, 2002, the state of Nevada fulfilled its promise to fight the project to the very end when it filed a petition with the NRC asking it to amend the rules governing the repository licensing. The state argues that the NRC released a new licensing requirement (Part 63 rule) in Nov. 2001 exclusive to Yucca Mountain. The new rule also clarifies that previous licensing requirements do not apply to the Yucca Mountain site. The state's petition asks the NRC to add key components to the licensing requirements such as: to require primary isolation barriers to be geological, not manmade; to require the DOE to provide an affirmative safety case for the repository, not just an ability to meet Environmental Protection Agency's (EPA) protection standards; and to raise the safety standard from "reasonable expectation" to "reasonable assurance" of safety.

Status of FY 2003 Appropriations Bills

	House Committee	House Floor	Senate Committee	Senate Floor
VA-HUD (S. 2797)	-	-	Passed July 25	-
Energy and Water (S. 2784)	-	-	Passed July 24	-
Interior (H.R. 5095/S. 2708)	Passed July 9	Passed July 17	Passed June 27	-

VA-HUD Appropriations
On July 25, 2002, the Senate Appropriations Committee unanimously approved the $8.3 billion FY 2003 EPA budget. The Senate bill increased EPA spending $680 million over the president's FY 2003 request and $225 million over the FY 2002 spending. The Clean Water State Revolving Loan Fund was awarded $1.4 billion and the Drinking Water State Revolving Loan Fund received $875 million -up from FY 2002 levels of $1.35 billion and $850 million respectively. Superfund was granted a $25 million increase over the president's FY 2003 budget request of $1.3 billion, Brownfields received $200 million ($102 million above FY 2002 levels) and Leaking Underground Storage Tanks received $72 million ($1 million above FY 2002 levels).

Energy and Water Appropriations
On July 24, 2002, the Senate Appropriations Committee approved the FY 2003 Energy and Water Appropriations bill. Yucca Mountain nuclear waste repository would receive $336 million, $188 million less than the president's budget request.

Interior Appropriations
On July 17, 2002, the House passed a $19.7 billion FY 2003 Interior appropriations bill (H.R. 5093) on a 373-46 vote. It provides close to a $500 million increase in program spending over FY 2002 levels. The Senate's proposal (S. 2708) provides $19.3 billion for FY 2003, has passed out of committee and still awaits floor action. The Bureau of Land Management received $1.88 billion in the Senate and $1.91 billion in the House, up from $1.87 billion in FY 2002. The state energy conservation grants received $46 million in the Senate and $50 million in the House, up from $45 million in FY 2002.

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NCSL Contacts:

Molly Stauffer
Committee Director
(202) 624-3584

Laurie Holmes
Committee Assistant
(202)624-8695

Environment Update

August 23, 2002 Volume III, Number 6

August 23, 2002
Volume III, Number 6