Friday, March 28, 2014

News Clippings 3.28.14

3.28.2014



Oil Spill




Resiliency Plan heads to council

Houma Courier


By Jacob Batte
Published: Thursday, March 27, 2014 at 8:15 p.m.



A plan to help Lafourche Parish expand, attract new residents and maintain

a high quality of life is headed to the Parish Council.

http://www.houmatoday.com/article/20140327/ARTICLES/140329521/-1/entertainment02?Title=Resiliency-Plan-heads-to-council






State





Gov. Bryant leaves CMR nominee up to Senate committee
Sun Herald

BY PAUL HAMPTON



JACKSON -- Gov. Phil Bryant will let the Senate Committee on Ports and

Marine Resources decide which of his two nominees to the Commission on

Marine Resources will get the job.

http://www.sunherald.com/2014/03/27/5449575/gov-bryant-leaves-cmr-nominee.html?sp=/99/184/208/




Regional





Interior conservation funds: La $21M, Miss $14M
The Associated Press

March 28, 2014




NEW ORLEANS — Louisiana is getting $21.3 million and Mississippi $14.4

million for wildlife and fisheries conservation projects from the federal

Interior Department.

http://www.sunherald.com/2014/03/28/5451832/interior-conservation-funds-la.html?sp=/99/184/218/





Halcon's Wilson Says Tuscaloosa Shale Among Last Big Shale Finds


Bloomberg


By Bradley Olson - Mar 24, 2014


Floyd Wilson, the wildcatter who helped discover the fastest-growing U.S.

oil field, says a prospect called the Tuscaloosa Marine Shale is among the

last great fields that may emerge in the U.S. energy renaissance.

http://www.bloomberg.com/news/2014-03-25/halcon-s-wilson-says-tuscaloosa-shale-among-last-big-shale-finds.html




Louisiana $50 billion coastal restoration plan would inject billions more

into economy every year, study finds

Katherine Sayre



The Times-Picayune



March 27, 2014 at 10:42 PM



Under Louisiana's $50 billion, 50-year coastal restoration plan, the

economy would see a boost from construction, cost savings from lower

insurance and less hurricane damage, and the creation of a coastal science

industry with the potential for being a global leader, according to a

report released Thursday.

http://www.nola.com/business/index.ssf/2014/03/louisiana_50_billion_coastal_r.html#incart_river





National






EPA, Corps of Engineers unveil proposed rule for protecting U.S. waters

Delta Farm Press
Forrest Laws
Wed, 2014-03-26 18:37

Farm-state lawmakers condemn new proposed rule

The long-awaited showdown between EPA and farm groups and crop protection

organizations over the Environmental Protection Agency's interpretation of

Clean Water Act language protecting the "waters of the United States" has

begun.


http://deltafarmpress.com/government/epa-corps-engineers-unveil-proposed-rule-protecting-us-waters





FBI Investigates FEMA Flood Map Changes After NBC News Report
NBC
BY BILL DEDMAN

FBI agents are interviewing employees at FEMA in an investigation of
unusual changes in federal flood insurance maps that benefited oceanfront
condo buildings with a history of flooding, according to sources familiar
with the investigation.
http://www.nbcnews.com/news/investigations/fbi-investigates-fema-flood-map-changes-after-nbc-news-report-n62906




Investigation far from over in Houston oil spill
BY PAUL J. WEBER

Associated PressMarch 28, 2014




AUSTIN, TEXAS — The barge operator that spilled nearly 170,000 gallons of

tar-like oil into the Houston Ship Channel, closing one of the nation's

busiest seaports for several days, will be fined by Texas regulators

regardless of the outcome of state and federal investigations.

http://www.sunherald.com/2014/03/28/5451713/investigation-far-from-over-in.html?sp=/99/102/





Opinion





Our view: Who stands for the environment?
Commercial Dispatch
March 27, 2014 10:24:20 AM

Earlier this week, The Dispatch was the first to report on Columbus Light &
Water's refusal to process KiOR's wastewater. The news was the latest in a
string of bad news for the Texas-based public company, which has invested
over $200 million in its Columbus plant. KiOR is idling that plant and may
be facing bankruptcy without a significant capital investment, according to
the company's annual report which was filed with the Securities and
Exchange Commission earlier this month.
http://www.cdispatch.com/opinions/article.asp?aid=32178





Press Releases





COCHRAN & WICKER COSPONSOR BILL TO FORCE EPA TO CONSIDER ECONOMIC IMPACT OF
CLEAN AIR RULES

WASHINGTON, D.C. – U.S. Senators Thad Cochran (R-Miss.) and Roger
Wicker (R-Miss) today said they are cosponsoring legislation that would
prohibit the Environmental Protection Agency from finalizing any major
Clean Air Act regulation without considering its economic impact.

The EPA Employment Impact Analysis Act (S.2161) was introduced
Wednesday by Senator James Inhofe (R-Okla.). It would force the EPA to
adhere to Section 321(a) of the Clean Air Act, which requires EPA to
conduct continuing evaluations of potential loss of jobs that result from
enforcement of the Clean Air Act.

"Federal regulations have real consequences including the jobs lost
and costly compliance burdens on businesses," Cochran said.
"Unfortunately, it is needed because of the Obama administration's belief
that it has free rein to implement the Clean Air Act in ways that are
extraordinarily costly. We have experienced this first-hand in Mississippi
when the administration failed to give adequate consideration to the
economic impact of the nonattainment ozone designation in DeSoto County."

"EPA's rapid expansion should not move forward without full
knowledge of how its existing rules are impacting American jobs," said
Wicker, who serves on the Senate Committee on Environment and Public Works
(EPW). "EPA is legally obligated to analyze its policies' cost to the
economy and ought to comply with the law."

Inhofe, a senior member on the EPW Committee, included in the
legislation examples of instances where the EPA did not follow Clean Air
Act requirements for ongoing reviews of regulations it initially indicated
would create increase employment but ended up eliminating jobs. Some of
these examples include the agency's rules on cross state air pollution and
Maximum Achievable Control Technology (MACT) regulations for boilers and
utilities.

In recent years, Cochran and Wicker have been critical of EPA
regulatory efforts regarding ozone rulings affecting DeSoto County, as well
as Boiler MACT regulations for fossil fuel and biomass-fueled boilers.

Cochran and Wicker are among 29 original cosponsors to the S.2161,
which has been referred to the EPW Committee. Other cosponsors include
Senators John Barrasso (R-Wyo.), Roy Blunt (R-Mo.), John Boozman (R-Ark.),
Richard Burr (R-N.C.), Saxby Chambliss (R-Ga.), Dan Coats (R-Ind.), Tom
Coburn (R-Okla.), John Cornyn (R-Texas), Mike Crapo (R-Idaho), Ted Cruz
(R-Texas), Mike Enzi (R-Wyo.), Jeff Flake (R-Ariz.), Lindsey Graham
(R-S.C.), Chuck Grassley (R-Iowa), Jonnie Isakson (R-Ga.), Mike Johanns
(R-Neb.), Ron Johnson (R-Wis.), Mike Lee (R-Utah), Mitch McConnell (R-Ky.),
Jerry Moran (R-Kan.), Sens. Jim Risch (R-Idaho), Pat Roberts (R-Kansas),
Tim Scott (R-S.C.), Jeff Sessions (R-Ala.), Richard Shelby (R-Ala.), John
Thune (R-S.D.), and David Vitter (R-La.).

###



EPA Agreement with Vehicle and Engine Company Requires Imports to Meet
Federal Emission Limits

WASHINGTON -- American Lifan Industry, Inc., an Ontario, California-based
vehicle and engine importer, has agreed to ensure that future imports meet
federal emission standards after illegally importing and selling nearly
28,000 highway motorcycles, recreational vehicles, and engines manufactured
in China that did not comply with Clean Air Act standards to limit harmful
pollution.

The company will pay $630,000 in civil penalties and will also post a
$300,000-$500,000 bond to satisfy any future potential penalties related to
importation of model year 2014, 2015, and 2016 vehicles manufactured by
China Lifan Industry (Group) Co., Ltd or affiliated companies. This is the
first time that the EPA has secured such a bond in a Clean Air Act
settlement.

"Mobile sources of pollution can threaten the clean air that we all depend
on for active, healthy lives," said Cynthia Giles, Assistant Administrator
of EPA's Office of Enforcement and Compliance Assurance. "EPA will continue
to hold importers of foreign-made vehicles accountable for meeting U.S.
emission limits put in place to protect Americans from harmful air
pollution."

The settlement, approved yesterday by the Agency's Environmental Appeals
Board, alleges that the company violated the Clean Air Act by importing and
selling over 6,700 highway motorcycles, recreational vehicles, and engines
that lack the required certification indicating that emissions meet federal
standards. The EPA also alleges that the company failed to provide
purchasers with the full emissions warranty required by the Clean Air Act;
imported and sold vehicles without proper emission labels; and failed to
follow recordkeeping requirements.

EPA's investigation showed that the company obtained certificates of
conformity for numerous vehicles without conducting required emissions
testing. In October 2013, EPA voided 45 invalid certificates of conformity
held by the company, which affected over 21,000 additional model year
2006-2011 highway motorcycles and recreational vehicles.

The EPA and U.S. Department of Homeland Security's Bureau of Customs and
Border Protection discovered the violations through inspections conducted
at the Dallas/Fort Worth Service Port and the Los Angeles/Long Beach
Seaport, and through a comprehensive review of documents provided by the
company.

The Clean Air Act requires that all vehicles have EPA-issued certificates
of conformity, warranty, and labeling prior to being imported or sold in
the United States to demonstrate that they meet federal emission standards.
Engines that do not have proper emissions controls can emit excess carbon
monoxide, hydrocarbons and nitrogen oxides which can cause respiratory
illnesses, aggravate asthma and contribute to the formation of ground level
ozone or smog.

This settlement is part of EPA's ongoing effort to ensure that all vehicles
imported into the U.S. meet federal limits for emissions of harmful
pollution. In a similar action last month, a Chinese company, CFMOTO, and
its U.S. distributor agreed to implement corrective measures related to the
illegal import of over 12,000 recreational vehicles and highway
motorcycles.

American Lifan, based in Dallas, Texas until 2013, imports highway
motorcycles, recreational vehicles, gasoline engines, and gasoline-powered
generators, manufactured by Lifan Industry (Group) Co., Ltd., Chongqing
Lifan Industry (Group) Imp. & Exp. Co., Ltd., China Lifan Industry (Group)
Co., Ltd. and Chongqing Lifan Power Co., Ltd.

More information for prospective importers on Clean Air Act requirements:
http://www.epa.gov/otaq/imports/

Certificates of conformity voided by the EPA:
http://epa.gov/otaq/motor-void.htm

More information on the settlement:
http://www2.epa.gov/enforcement/american-lifan-industry-inc-settlement






Testimony of EPA Administrator Gina McCarthy Before House Appropriations
Committee on Proposed FY 2015 Budget

WASHINGTON – U.S. Environmental Protection Agency (EPA) Administrator Gina
McCarthy testified today before the House Interior, Environment, and
Related Agencies Subcommittee of the House Appropriations Committee at a
hearing to discuss EPA's proposed FY 2015 budget.

Administrator McCarthy's testimony:



Chairman Calvert, Ranking Member Moran, and members of the Committee, thank
you for the opportunity to appear before you to discuss the Environmental
Protection Agency's proposed FY 2015 budget. I'm joined by the Agency's
Acting Chief Financial Officer, Maryann Froehlich.

EPA's budget request of $7.890 billion for the 2015 fiscal year starting
October 1, 2014 reflects our ongoing efforts to meet the challenges facing
the agency today and into the future. Despite these challenges, we remain
dedicated to protecting public health and the environment, and we know we
must target staff and resources and find new ways to fulfill our mission.
We will focus those resources in a way that will allow EPA to be more
effective and efficient.

The FY 2015 budget reflects a strategic approach to our budget planning
process, looking toward the future rather than continuing to simply react
to tough budget choices with cuts across the Agency. The FY 2015 budget
request does this in the following ways:

• It reflects EPA's incorporation of new technologies and new
regulatory and non-regulatory approaches that can help us maintain our
efficiency and effectiveness.
• It strengthens EPA's partnership with public health and
environmental protection partners in states, tribes and local communities
with a focus on aligning our resources, avoiding duplication, and
identifying and closing any gaps in the broader environmental enterprise
system.
• It invests our funds and leverages funds of our partners where
it makes the most sense and gets the biggest bang for the buck.

Following the framework of priorities laid out in the FY 2014 - 2018
Strategic Plan and working within our budget, we are committed to ensuring
the staff we have in program areas and regions make the most sense and will
have the most impact.

EPA has already taken steps toward proactive management of our operating
budget. Through the VERA/VSIP process, we have begun to accelerate
attrition within EPA both at headquarters and the regions toward a ceiling
of 15,000 nonrefundable FTE's.

Our FY 2015 budget relies on a reduced workforce focused on programs,
policies, and regulations that matter most to public health and the
environment. This is not simply about cutting the workforce to save costs.
We are reshaping the workforce and our work to meet current and future
challenges. Doing this includes making key investments.

It makes long-term fiscal sense to invest the cost savings achieved --
through a smaller workforce and improved use of technology -- to work
smarter and more effectively. This approach will keep EPA strong, focused
on science and the law, and transparent in addressing environmental
challenges and the results we have achieved.

This budget will provide the support we need to move forward by targeting
real progress in priority areas: communities, climate change and air
quality, toxics and chemical safety, and clean water.

Building on current work on the ground in our communities, we are asking
for $7.5 million and 64 staff in FY 2015 to work toward efforts that will
make a difference in people's everyday lives and in their communities.
Those efforts include providing green infrastructure technical assistance
for up to 100 communities that will promote cost-effective approaches to
water management.

This budget request furthers our environmental justice efforts. The
protections provided by our national environmental laws must be accessible
to everyone. We will do more to partner with states, tribes, and local
governments and other federal agencies to better coordinate and leverage
resources supporting community efforts.

Addressing the threat from a changing climate is one of the greatest
challenges of this and future generations. The request for climate change
and air quality is $1.03 billion—over $41 million more than fiscal year
2014. And it designates $199.5 million specifically for climate change
work.

Building on existing efforts and base budget resources, the Agency has
added $10 million and dedicates 24 FTE's in FY 2015 to support the
President's climate action plan. $2 million is designated for technical
assistance for adaptation planning for water utilities at greatest risk
from storm surges. Research and development efforts will focus on support
tools for at-risk communities and tribes in preparing for the impacts of
climate change.

The Agency will focus resources on the development of common sense and
achievable greenhouse gas standards for power plants—the single largest
source of carbon pollution. The President's budget provides support for the
states to help them meet their obligations under Section 111 of the Clean
Air Act with regard to cutting carbon emissions.

This request also supports the President's interagency methane strategy and
the President's recently announced directive to EPA to develop phase 2 fuel
efficiency and greenhouse gas standards for heavy-duty vehicles. EPA also
will be implementing a range of activities in support of the President's
call to cut energy waste in homes, businesses, and factories.

Chemicals and toxic substances are prevalent in our everyday lives. The EPA
budget requests almost $673 million to support work to reduce the risk and
increase the safety of chemicals and prevent pollution for all Americans
and especially children.

We are requesting $23 million and 24 FTE in FY 2015 to support activities
under the President's executive order on chemical safety, as well as Agency
efforts on chemical prioritization, air toxics, radon, and volatile organic
compounds in drinking water. $5 million in resources for air toxics work
will enhance our capabilities to design effective regulations and continue
developing the national air toxics assessment.

The nation's water resources are the lifeblood of our communities. The FY
2015 budget recognizes the long-term benefits of healthy aquatic systems
for all aspects of our daily lives.

The Agency is directing $8 million and 10 FTE to advance clean water.
Resources are also proposed for the municipal separate storm sewer systems
program for technical support to communities that must develop effective
stormwater permits for the first time.

We are requesting $1.775 billion for the clean water and drinking water
state revolving funds. Although this is a more than a $580 million decrease
over FY 2014 levels, federal capitalization of the SRFs totals over $22
billion since FY 2009, if you include the FY 2015 request. The FY 2015
budget seeks to ensure that federal dollars provided through the fund lead
to the design, construction, and support of sustainable water
infrastructure.

The EPA is looking toward future ways to better serve the American people
by employing technology where it can be used more effectively. E-Enterprise
is a major joint initiative between EPA and states to modernize our
business practices and to increase responsiveness. This effort holds the
promise of increased effectiveness and savings for businesses as well as
government. The agency is expanding efforts in the second year of the
multi-year E-Enterprise business model including focusing people and
resources to accelerate development of the E-Manifest system and associated
rule-making work. For example, the benefits of implementing the E-Manifest
system include annual savings estimated at $75 million for over 160,000
waste handlers. Transitioning from a paper-based system saves time and
effort for every person who used to handle that paper.

In addition, EPA is making changes to long-standing business practices such
as contracts, grants management, and the regulation development process.
One important area of emphasis is improving freedom of information act
(FOIA) and records management.

In FY 2015, the Agency is requesting over $1.33 billion to continue to
apply the most effective response approaches for cleanups under RCRA,
Superfund, Leaking Underground Storage Tank, and other authorities. This
strategy will help ensure land is returned to beneficial use in the most
effective way. $1.16 billion is requested for Superfund which includes a
$43.4 million increase for remedial work and an increase of $9.2 million
for emergency response and removal.

In this budget, we hold firm our priority support for state and tribal
partners, the primary implementers and front line of environmental
programs. Funding for state and tribal assistance grants – or STAG – is
once again the largest percentage of the EPA's budget request and
prioritizes funding for state categorical grants.

The FY 2015 budget includes a total of $1.13 billion in categorical grants
– a net $76 million increase over FY 2014.
• Within that total is over $96 million for tribal general
assistance program grants – a $31 million increase over FY 2014.
• We also included an $18 million increase for pollution control
(Section 106),
• There is a $16 million increase for environmental information
grants.
• There is a $15 million increase for state and local air quality
management in our request.

Science is the foundation of our work at the EPA. And science is supported
by the President's request of $537.3 million. In FY 2015, the EPA is
focusing research on the most critical issues facing the Agency.

These include efforts to: advance chemical prioritization and predictive
toxicology, help communities make sustainable decisions regarding
environmental protection and resilience, and inform regional and community
level strategies for the use of green infrastructure and other innovative
alternative practices.

The EPA continues to focus on reducing its physical footprint and achieving
greater energy efficiency. Since 2006, the EPA has released approximately
428 thousand square feet of space nationwide, resulting in a cumulative
annual rent avoidance of over $14.6 million.

The EPA continues to eliminate programs that have served their purpose,
accomplished their mission, or are duplicative. The FY 2015 budget
eliminates a number of such programs totaling nearly $56 million. These
include beaches protection categorical grants, state indoor radon grants,
and diesel emissions reductions assistance grants.

Recognizing the importance of the two-year budget agreement congress
reached in December, which the President's budget adheres to, levels are
not sufficient to expand opportunity to all Americans or to drive the
growth our economy needs.

For that reason, across the federal government, the budget also includes a
separate, fully paid for $56 billion opportunity, growth, and security
initiative. This initiative—split evenly between defense and non-defense
funding—shows how additional discretionary investments in FY 2015 can spur
economic progress, promote opportunity, and strengthen national security.
• Within the initiative is $1 billion for a climate resilience
fund, through which the budget will invest in research and unlock data to
better understand and prepare for impacts of a changing climate. These
investments will also fund breakthrough technologies and resilient
infrastructure.
• Within the climate resilience fund, EPA will support a nation
better prepared for the impacts of climate change—with $10 million for
protecting and enhancing coastal wetlands, and $5 million to support urban
forest enhancement and protection.

We have made some very difficult choices in this budget. But we need to
look realistically at challenges we face in the future and make sure we
have the best tools and people in the right places to make the most
difference. Our final FY 2015 budget reflects a balanced approach to
accomplishing this.

Thank you for the opportunity to touch upon some of the highlights of EPA's
FY 2015 budget request in my testimony today. I look forward to answering
your questions.