October 17, 2011
Capitol Update

In this issue:

 

 

HOUSE ADVANCES MEASURE DELAYING EPA RULES FOR INDUSTRIAL BOILERS AND CEMENT KILNS

On October 6th, the full House of Representatives voted on H.R. 2681, the Cement Sector Regulatory Relief Act. This bill would delay implementation of Environmental Protection Agency (EPA) rules limiting mercury and other emissions from cement kilns (H.R. 2681) until at least 2018. H.R. 2681 was approved by a vote of 262-181.  This week, after the House voted down a number of amendments to the bill, H.R. 2250, the “EPA Regulatory Relief Act” which applies similarly to boilers, was also debated and passed by a vote of 275-142.

The White House issued a statement threatening to veto both bills if they were passed by the House and then the Senate. In part, that statement reads as follows: “These bills would prevent the EPA from moving ahead with long-overdue requirements to reduce air pollution from industrial boilers, solid waste incinerators and cement plants. The bills also would weaken EPA’s ability to ensure that its standards protect American families from a range of harmful pollutants including mercury and other toxic metals, as well as smog and soot.”

H.R. 2250 affects three specific EPA rules, including one entitled the "National Emission Standards for Hazardous Air Pollutants from the Portland Cement Manufacturing Industry and Standards of Performance for Portland Cement Plants," also known as "Cement MACT."

EPA initially published its final boiler rules on March 21, 2011, and called for an effective date of May 20, 2011, with compliance deadlines beginning three years later.  That date was pushed back after the EPA reopened the comment period and extended the deadline to July 15.   

According to the EPA, the boiler Maximum Achievable Control Technology (MACT) rule, when implemented, will cover about 13,555 boilers and process heaters at about 1,600 major source facilities.  Although this is mostly industrial facilities, it will also include “small entities,” universities, municipalities, and military installations.  These rules would seek to significantly cut emissions of different air pollutants, including cadmium, dioxin, furans, formaldehyde and hydrochloric acid.

To learn more about the EPA boiler rule, please visit: http://www.epa.gov/ttn/atw/boiler/boilerpg.html

To read H.R. 2250 and/or H.R. 2681, please visit http://thomas.loc.gov, and search by bill number.

Robert Rains handles public policy-related environmental issues for ASME.  He can be reached at: rainsr@asme.org

 

 

NSTC SOS RELEASES REPORT ON FEDERAL ENGAGEMENT IN STANDARDS ACTIVITIES TO ADDRESS NATIONAL PRIORITIES

This week, during the 2011 World Standards Day dinner, Under Secretary for the Department of Commerce and Director of the National Institute of Standards and Technology (NIST) Pat Gallagher announced the release entitled “Federal Engagement in Standards Activities to Address National Priorities.” 

The report was prepared by the National Science and Technology Council (NSTC) Subcommittee on Standards (SOS), which Dr. Gallagher co-chairs, along with U.S. Chief Technology Officer Aneesh Chopra. 

The SOS was created to conduct the following:

  • Support U.S. standards policy as defined in the National Technology Transfer and Advancement Act (NTTAA) and Office of Management and Budget Circular A-119 by working with federal agencies and established interagency groups along with the U.S. private sector to articulate the strengths of the U.S. approach to standards setting.
  • Enable responsive and timely coordination among federal agencies for more effective federal agency engagement relating to the development and use of standards.
  • Improve awareness of best practices and lessons learned among U.S. government leadership, particularly to help address standards related questions in areas of national priority.
  • Improve awareness and understanding across federal agencies about how standards facilitate meeting procurement needs and regulatory policy and guidance goals, while enabling technology development and innovation.

The policy recommendations of the report urge the following actions by federal agencies:

  • Recognize that in most government-private-sector standards engagements, the primary role of the government will continue to be that of active contributor to the private-sector-led process.
  • Identify the context(s) where Federal government leadership/coordination may be appropriate.
  • Outline objectives for government engagement in standardization activities to support national priorities.
  • Effective coordination and participation by agencies.
  • Clarify agency responsibilities with respect to the full range of standards setting alternatives.    

To learn more about the NSTC Subcommittee on Standards please click here http://standards.gov/

To read the entire 13-page report please click here http://standards.gov/upload/Federal_Engagement_in_Standards_Activities_October12_final.pdf

Robert Rains handles public policy-related standards issues for ASME.  He can be reached at: rainsr@asme.org

 

 

WOODROW WILSON CENTER HOLDS CONFERENCE ON GAO REPORT ON CLIMATE ENGINEERING

The debate on climate change science, and potential solutions, has also raised questions regarding carbon dioxide management, adaptation, and climate engineering solutions. In response to a congressional request for a technology assessment on climate engineering, the Government Accountability Office (GAO) recently released a new report examining the current state of climate engineering science and technology, experts’ views of the future of U.S. climate engineering research, and potential public responses to climate engineering.  The report also discussed key considerations for the use of climate engineering technologies and their policy implications.

The report was the topic of an October 12 briefing at the Woodrow Wilson Center in Washington, DC.  In summary, the report found that:

  • Climate engineering technologies are not now an option for addressing global climate change, given our assessment of their maturity, potential effectiveness, cost factors, and potential consequences. Experts told us that gaps in collecting and modeling climate data, identified in government and scientific reports, are likely to limit progress in future climate engineering research.
  • The majority of the experts consulted supported starting significant climate engineering research now. Advocates and opponents of research described concerns about its risks and the possible misuse of its results. Research advocates supported balancing such concerns against the potential for reducing risks from climate change. They further envisioned a future federal research effort that would emphasize risk management, have an international focus, engage the public and national leaders, and anticipate new trends and developments.
  • A survey of the public suggests that the public is open to climate engineering research but is concerned about its possible harm and supports reducing CO2 emissions.

 A 25-page summary of the report is available at:   http://www.wilsoncenter.org/sites/default/files/GAO%20Climate%20Engineering%20TA%20Presentation%20to%20Wilson%20Center.pdf

Slides from the presentation are available at:   http://www.wilsoncenter.org/sites/default/files/GAO%20Climate%20Engineering%20TA%20Presentation%20to%20Wilson%20Center.pdf

To read the complete 135-page report, “Climate Engineering: Technical Status, Future Directions, and Potential Responses”, visit:   http://www.wilsoncenter.org/sites/default/files/GAO_Report.pdf

Robert Rains handles public policy-related climate change issues for ASME.  He can be reached at: rainsr@asme.org

 

 

HOUSE SCIENCE SUBCOMMITTEE HOLDS HEARING ON "WHAT MAKES FOR SUCCESSFUL K-12 STEM EDUCATION"

On Wednesday, October 12, the Subcommittee on Research and Science Education of the House Science, Space and Technology Committee held a hearing to review and examine the findings of the National Research Council report, “Successful K-12 STEM Education: Identifying Effective Approaches in Science, Technology, Engineering, and Mathematics,” as requested by Congress in 2009 to identify highly successful K-12 schools and programs in science, technology, engineering and mathematics (STEM).

The report identifies three goals for successful STEM education in the United States:

  • Expand the number of students who ultimately pursue advanced degrees and careers in STEM fields and broaden the participation of women and minorities in those fields;
  • Expand the STEM-capable workforce and broaden the participation of women and minorities in that workforce; and,
  • Increase STEM literacy for all students, including those who do not pursue STEM-related careers or additional study in the STEM disciplines.

In his opening statement, Research and Science Education Subcommittee Chairman Mo Brooks (R-AL) noted the importance of early STEM Education. “Whether we are preparing students for advanced degrees in STEM or ensuring that young adults have the scientific and mathematic literacy to thrive in a 21st century technology-based economy, the foundation for both of these begins in our K-12 schools,” Brooks said.

The full NRC Report, “Successful K-12 STEM Education: Identifying Effective Approaches in Science, Technology, Engineering, and Mathematics’, is available at:  http://www.nap.edu/catalog.php?record_id=13158

The hearing charter, as well as the witnesses’ written statements, may be viewed at: http://science.house.gov/hearing/research-and-science-education-subcommittee-hearing-what-makes-successful-k-12-stem

Highlights of the hearing may be read at: http://science.house.gov/press-release/witnesses-discuss-what-makes-successful-k-12-stem-education

Melissa Carl handles public policy-related science, technology, engineering, and mathematics (STEM) education issues for ASME.  She can be reached at: carlm@asme.org

 

 

HOUSE SUBCOMMITTEE EXAMINES CLEAN COAL RESEARCH

Members of the House Science, Space, and Technology Energy and Environment Subcommittee convened late this week to hear testimony from coal energy stakeholders and to conduct oversight on the Administration’s regulatory procedures for accelerating the adoption of cleaner, more efficient technologies. 

In his opening statement, Subcommittee Chairman Andy Harris (R-MD) defended coal, both as a resource and as a vital tool in fueling the American economy.  “In recent weeks, this committee has spent considerable time examining the pending onslaught of regulations aimed at energy producers. The review has highlighted the immense challenges facing the coal sector in light of EPA’s dogged—and scientifically questionable—efforts to order major changes to the electric generation system.”

Chairman Harris then peppered witnesses with questions regarding the costs, and benefits of adopting such technologies, and inquired about funding mechanisms for supporting clean coal research.  Ranking Member Brad Miller (D-NC) chose to conduct questioning over the underlying goals of retrofitting the nation’s aging fleet of coal fire plants. 

SST Committee Chairman Ralph Hall joined the hearing as well, and engaged the witness table with questions regarding the Administration’s proposed regulations for power plants, as well as the EPA’s Cross-State air pollution rule. 

Witnesses for the hearing were:

To learn more about the hearing or to view the webcast please click here http://science.house.gov/hearing/energy-and-environment-subcommittee-hearing-advancing-coal-research-and-development-secure

Robert Rains handles public policy-related climate change issues for ASME.  He can be reached at: rainsr@asme.org

 

 

DOE AND FERC ISSUE JOINT PUBLIC STATEMENT ON BACK STOP SITING

This week Energy Secretary Steven Chu announced his decision that the Department of Energy (DOE) will now work more closely with the Federal Energy Regulatory Commission (FERC) in reviewing proposed electric transmission projects under section 216 of the Federal Power Act (FPA), as an alternative to delegating additional authority to FERC.
Secretary Chu and FERC Chairman Jon Wellinghoff announced that DOE and FERC will be working together to prepare drafts of the following:

  • Transmission congestion studies mandated by Congress;
  • Supplements to those congestion studies based on, among other things, the  transmission plans prepared pursuant to Orders 890 and 1000; and,
  • The environmental analyses for any proposed National Interest Electric Transmission Corridors (National Corridors).

In addition to collaborating with FERC, DOE recognizes that it can execute its Section 216(a) powers better, faster, with more transparency, and more effectively.  Consequently, among other things, DOE will be doing the following:

  • Begin immediately to identify targeted areas of congestion based on the evaluation of existing information and on comments submitted by stakeholders;
  • Identify narrower areas of congestion than the broad areas previously studied; and,
  • Solicit statements of interest from transmission developers while considering what National Corridors to designate.

DOE, FERC, and other federal agencies have been considering whether it might be appropriate for Secretary Chu to delegate his powers under FPA § 216(a) to FERC in order to efficiently expedite consideration of transmission project proposals under the limited backstop siting powers authorized by that section.  In July and August, the proposal was presented to stakeholder groups to solicit comments.  In addition to oral comments, 61 written comments were submitted.

In a related development, the Energy and Commerce Subcommittee on Energy and Power held the thirteenth day of its hearing on “The American Energy Initiative” on October 13.  The hearing focused on electric transmission issues, including topics related to the siting, planning, and allocation of costs for electricity transmission infrastructure. FERC Chairman Wellinghoff was the lead witness at that hearing. 

To learn more about the hearing, please visit:   http://energycommerce.house.gov/hearings/hearingdetail.aspx?NewsID=8991

To read all stakeholder comments regarding the FPA § 216(a), visit:
http://www.congestion09.anl.gov/delegation/index.cfm

Full witness testimony and background materials are available at:  http://energycommerce.house.gov/hearings/hearingdetail.aspx?NewsID=8991

Robert Rains handles public policy-related climate change issues for ASME.  He can be reached at: rainsr@asme.org

 

 

"CUTTING EPA SPENDING" EXAMINES THE ENVIRONMENTAL PROTECTION AGENCY'S SPENDING-REDUCTION INITIATIVES

This week, the House Energy and Commerce Subcommittee on Oversight and Investigations held a hearing on “Cutting EPA Spending.” The hearing focused on learning the results of EPA’s spending-reduction initiatives, as well as to assist EPA in identifying and prioritizing further targets for potential elimination or cuts for Congressional consideration.
Subcommittee Chair Cliff Stearns (R-FL) said in his opening statement, “We convene this hearing, the second in our series of hearings on a line-by-line review of the federal budget. Today we will examine how the Environmental Protection Agency has put into practice the President’s repeated commitment to conduct a ‘line by line’ review of the federal budget. The goal of this pledge is to eliminate unnecessary, duplicative, or wasteful government programs, to cut costs, and do more with less. This hearing aims to determine the results of EPA’s efforts to cut spending and to help EPA find more spending cuts and savings.”
Specifically, hearing witnesses were questioned on the following issues:

  • The proposed cuts resulting from the President’s budget-cutting initiatives and how many were actually executed;
  • The potential for identifying further cuts and spending efficiencies;
  • EPA priority setting and spending performance measures as a tool for accountability and Congressional oversight; and,
  • EPA’s response to recommendations set out by the EPA IG and GAO to reduce wasteful or inefficient spending and improve budget accountability to Congress.

The background memo, as well as the witnesses’ written statements, may be read at http://energycommerce.house.gov/hearings/hearingdetail.aspx?NewsID=8978
To read Subcommittee Chair Cliff Stearns’ opening statement please click here:  http://republicans.energycommerce.house.gov/Media/file/Hearings/Oversight/101211/Stearns.pdf

Robert Rains handles public policy-related environmental issues for ASME.  He can be reached at: rainsr@asme.org

 

 

"NANOTECHNOLOGY REGULATORY SCIENCE ACT OF 2011" INTRODUCED IN SENATE

Senator Mark Pryor (D-AR) recently introduced S. 1662, the “Nanotechnology Regulatory Science Act of 2011,” a bill which would establish a program within the Food and Drug Administration (FDA) to assess the health and safety implications of using nanotechnology in everyday products and develop best practices for companies using nanotechnology.   The legislation authorizes $48 million over three years, starting in Fiscal Year 2013.

“From new cancer treatments to stain-resistant pants, nanotechnology offers hundreds of promising applications and jobs,” Pryor said. “As these products are developed and used, we should assess potential risks to human health, safety, or the environment.  My legislation will ensure public safety and confidence in the marketplace, and it will support companies that use nanotechnology materials.”

There are over 800 known commercial uses of nanotechnology and over 1,300 consumer nanotechnology products available.  In 2010, the National Science Foundation estimated new nanotechnology-based products would contribute two million jobs and $1 trillion dollars in revenue to the world’s economy by 2015.

To read S. 1662, go to http://thomas.loc.gov, and search by bill number.

Paul Fakes handles public policy-related R&D issues for ASME.  He can be reached at: fakesp@asme.org

 

THE ARTICLES CONTAINED IN CAPITOL UPDATE ARE NOT POSITIONS OF ASME OR ANY OF ITS SUB-ENTITIES, UNLESS SPECIFICALLY NOTED AS SUCH. THIS PUBLICATION IS DESIGNED TO INFORM ASME MEMBERS ABOUT ISSUES OF CONCERN BEING DEBATED AND DISCUSSED IN THE HALLS OF CONGRESS, IN THE STATES, AND IN THE FEDERAL AGENCIES.

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