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Mccarthy, Gina[McCarthy. Gina@epa.gov]


KilmerEconDev@mail.house.gov
Tue 3/18/2014 9:54:00 PM
Don't give in to Big Ethanol: lower ethanol mandates!

Derek Kilmer
332 E 5th St
Port Angeles, WA 98362-3207
March 18, 2014
The Honorable Gina McCarthy

Dear Administrator, EPA McCarthy:

I am writing to express my concerns about the negative impact the Renewable Fuel Standard (RFS) has
had on our environment and economy and to support your proposal to lower the required volumes and
associated percentage standards under the RFS for the 2014 compliance year. I also support a more
significant waiver to further reduce our reliance on food for fuel, prevent further environmental damage
and to ensure I can still buy ethanol free gasoline if I want to.
If the RFS remains intact our environment will continue to suffer. Independent scientific studies from the
University of Colorado, Princeton University and the Massachusetts Institute of Technology show the RFS
can greatly harm our environment by expanding already unprecedented land-use for biofuels crops,
mandating extensive water usage in the biofuel refinement process and increasing emissions by
accommodating the land needed to produce biofuel feedstock. These independent studies have actually
been confirmed by EPA and the National Academy of Sciences own analysis.
Beyond the environmental damage, studies have also shown that higher blend-ethanol fuels (like E15)
can be damaging to most automobiles on the road as well as all forms of small engines and motors like
motorcycles, boats and chainsaws. This is dangerous to drivers and consumers across the country, and
it's time their safety comes first. In addition, because higher ethanol fuel blends (like E15 and E85) have
less energy content than regular gasoline, they deliver lower fuel economy. This means drivers will have
to fill up their tanks more often, spending more of their money on gas to power their cars. If the mandate
is not curtailed, consumers may have no choice but to use fuel with higher concentrations of ethanol.
The dramatically increasing ethanol production mandated in the RFS has not only affected costs for meat
and poultry producers, food companies, grocery shoppers, federal food programs and a host of small
businesses, but it has also severely impacted the world's corn supply. In 2011, the United States--the
world's largest food exporter--converted 40 percent of its corn crop into fuel to satisfy RFS mandates.
This practice of converting our food into fuel has had a drastic impact on global hunger and grocery store
prices.
I hope you will do what is right for our environment and our nation, and significantly lower the required
volumes and associated percentage standards under the RFS for the 2014 compliance year, by at least
the amount of your proposal and more if possible.

Sincerely
Derek Kilmer

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Allen, Kara[Kara.Allen@mail.house.gov]
Allen, Kara
Fri 6/27/2014 2:16:35 PM
SEEC Daily Clips 6.27.14

Sustainable Energy & Environment Coalition

Top news stories:

On the one-year anniversary of launching his climate action plan, President Barack Obama derided
congressional opponents of cutting greenhouse gas emissions. In most communities across the U.S.,
Obama said, "it's pretty rare that you encounter people who say that carbon pollution is not a problem."
"Except," he said, "in Congress."

The new Pew "Political Typology" report shows huge majorities of all four Democratic-leaning groups
support the development of wind, solar and hydrogen alternatives to oil, coal and natural gas.

The families of a dozen of the 19 elite Arizona firefighters killed last year in the nation's worst wildfire in
eight decades have filed a wrongful-death lawsuit claiming the state was negligent in its efforts to battle
the massive blaze.

Producers, refiners and pipeline companies are questioning exactly how much the Obama
administration has relaxed its position on crude exports after the Commerce Department said June 24 it
had categorized some lightly processed oil as exportable. The U.S. has prohibited most crude exports for
four decades.

The 2014 World Cup in Brazil has been notable for more than hard-fought matches and stoppage time
goals; it's also the first time official water breaks have been called due to excessive heat and humidity.
And as climate change drives up not only average temperatures but extreme heat and humidity, experts
say outdoor events like the World Cup could pose a danger to the health of athletes.

Energy news:

A new advertising campaign from a liberal group argues that violence in Iraq and the resulting effects on
the oil market expand the need for the government to increase the amount of renewable fuels mixed
with gasoline.

Gasoline's price will increase up to 9 percent, and diesel fuel will rise by up to 14 percent by 2017
because of the Renewable Fuel Standard (RFS) if Congress does not repeal it, the Congressional Budget
Office (CBO) said Thursday.

The Department of Energy (DOE) touted the carbon-capture technology it is funding Thursday, saying a
project at a hydrogen production facility in Port Arthur, Texas, has now captured more than 1 million
tons of carbon dioxide.

A California wind farm will become the first in the nation to avoid prosecution if eagles are injured or die
when they run into the giant turning blades, the U.S. Fish and Wildlife Service said Thursday.

Sen. Lisa Murkowski (R-Alaska) continued to press for the administration to lift a decades-old ban on
crude oil exports Thursday, one day after a Commerce Department ruling allowed two companies to
export a form of ultralight crude.

Saying it's a side of the story "he won't hear from California billionaires," Senate Minority Leader Mitch
McConnell (R-Ky.) is inviting President Obama to visit with coal families to see the impact of his climate
rule up close.

The United States is still growing older, but the trend is reversing in the Great Plains, thanks to a liberal
application of oil. The aging baby boom generation helped inch up the median age in the United States
last year from 37.5 years to 37.6 years, according to data released Thursday by the Census Bureau.

Norfolk Southern Corp. NSC +0.32% has become the first big American freight railroad to require its
customers to give the railroad legal protection against damages from fires, explosions or the release of
hazardous materials carried in tank cars that don't meet the rail industry's latest standards.

A federal appeals court yesterday for the second time rejected the Federal Energy Regulatory
Commission's attempt to divvy up the cost of high-voltage power lines in the Mid-Atlantic and Midwest.

Pennsylvania environmental regulators are wading through more than 25,000 public comments on a
proposed overhaul of the state's oil and gas regulations.

The sun is shining on the solar industry in Texas. Or at least that's the message from the newly formed
Texas Solar Power Association, which made its formal debut this week. Charlie Hemmeline, the
association's executive director, said solar energy is poised to build on recent momentum in the state.

A state-owned gas pipeline exploded and burst into flames Friday, killing at least 14 people, destroying
homes and forcing the evacuation of neighboring villages in the southern Indian state of Andhra
Pradesh, authorities said.

The Department of Energy & Climate Change's contracts with five offshore wind farms, two coal-tobiomass plants and a biomass heat and power plant may be needlessly generous to developers,
according to a report today from the NAO, which scrutinizes state spending on behalf of Parliament.

Analysts say the Chinese Machinery Engineering Corporation's (CMEC) struggle to repatriate roughly
1,300 employees highlights China's growing need to shift investment and energy deals away from
politically volatile countries. In the past, national enterprises in the developing world have served as a
major source of income for the People's Republic. But after the tumult of the Arab Spring, the costs
have sometimes outweighed the benefits.

German lawmakers should back the government's revised EEG clean-energy law when they vote on the
bill in parliament today because current subsidies are "excessive," according to Economy Minister
Sigmar Gabriel.

Germany is headed for its biggest electricity glut since 2011 as new coal-fired plants start and
generation of wind and solar energy increases, weighing on power prices that have already dropped for
three years.

Climate news:

"We're not going to be able to burn it all." With those 10 words, Barack Obama uttered one of the most
stunning, far-reaching statements ever made by a U.S. president. He also completely contradicted his
own energy policy. Yet no one seemed to notice.

Natural gas fields globally may be leaking enough methane, a potent greenhouse gas, to make the fuel
as polluting as coal for the climate over the next few decades, according to a pair of studies published
last week.

Several western lawmakers remain optimistic they can change the way the federal government pays for
fighting wildfires even as the number of legislative days left before the midterm elections dwindles. "I'm
pulling out all the stops on it. We've spent a decent chunk of time on it this past week," Sen. Ron

Wyden, D-Ore., said Tuesday.

NASA has released some encouraging images showing a marked decline in air pollution over much of the
eastern U.S., including Washington, D.C. and the 1-95 corridor since 2005. The images show the change
in concentration of nitrogen dioxide, a pollutant linked to adverse effects on the respiratory system.

There's a strong chance an El Nino weather event will reappear before the end of the year and shake up
climate patterns worldwide, the U.N. weather agency said Thursday. The El Nino, a flow of unusually
warm surface waters from the Pacific Ocean toward and along the western coast of South America,
changes rain and temperature patterns around the world and usually raises global temperatures.

Here are five charts and maps from the technical report that didn't quite grab headlines, but certainly
spotlight the myriad ways climate change will be a drag on the nation's economy. Each one of them
examines the impacts of climate change under a high emissions scenario.

At the first of three public hearings on the proposed changes Wednesday night, representatives of some
of the state's leading environmental groups said the new rules - the first changes to coastal
development policy since the devastating October 2012 storm - miss a golden opportunity to better
protect the coast.

Deep in coal country, the candidates waging one of the nation's most closely watched House races are
competing to show who is the most outraged by President Barack Obama's environmental policies.

The Senate is engaged in a fruitless battle over a pair of ill-fated energy bills. Again. Senate Minority
Leader Mitch McConnell (R-Ky.) is calling on Majority Leader Harry Reid (D-Nev.) to hold a vote on a bill
that would force approval of the controversial Keystone XL pipeline.

Canada should establish a price for carbon emissions to show it's addressing climate change and to give
President Barack Obama political "cover" to approve TransCanada Corp. (TRP)'s $5.4 billion project,
Trudeau, leader of Canada's Liberal Party said yesterday in an interview in Fort McMurray, Alberta. He
said he was "agnostic" about how the price should be set.

o it turns out, hope is important. Did we know that already? We sort of knew that already. But according to a new study put together by Yale's Climate Change Communication Project - hope is
particularly critical as a motivator in the very doom-heavy world of climate change activism.

In Colorado, home to some of the most destructive floods and wildfires of recent years, Republican
climate change deniers had a big night at the polls as GOP primary voters selected nominees for
governor, the U.S. House, and a host of other offices.

Europe could coax utilities to shift from burning coal to cleaner natural gas by quadrupling the price that
financial markets place on carbon dioxide emissions, the head of Spain's biggest power generator said.

It starts with Al Gore. When it comes time to teach his high school sophomores about global warming,
Wyoming science teacher Jim Stith shows An Inconvenient Truth. The green documentary delivers an
unambiguous message: Human activity is driving dangerous climate change.

A dramatic night of storms in Toronto on Wednesday flooded subway stations, turned a major freeway
into a river and knocked out power to thousands of people. On Wednesday, Environment Canada issued
a special weather warning for heavy rain in Toronto Wednesday evening. Some parts of the city received
nearly three inches of rain in just three hours.

Norway's commitment of $1 billion in 2010 is just the beginning of what is needed in Indonesia, ranked
as the world's third-largest emitter because of its shrinking forests, said Heru Prasetyo, head of the
agency for Reducing Emissions From Deforestation and Forest Degradation, known as REDD+.

Environment & Health news:

You probably don't want to dip your toes in these dirty waters. According to the 24th annual report
released by the Natural Resources Defense Council, one in 10 U.S. beaches are dangerously polluted -so polluted, in fact, that they have been deemed unsafe for swimmers.

Levels of particulate matter spike at night inside homes near gas wells in Southwest Pennsylvania, the
director of an environmental health monitoring project said Wednesday.

The UN responded after a coalition of activist groups submitted a report to its Human Rights Office of
the High Commissioner last week, detailing water shutoffs and extreme consequences for families in the
city who can't afford to pay their bills and have had to go without water.

The final plan and accompanying environmental impact statement for the $627 million, 44-project
Phase Ill BP oil spill early restoration plan were made available to the public on federal and state
websites Wednesday (June 25).

A plan by Gov. Andrew M. Cuomo and the agency building a new Tappan Zee Bridge to borrow a halfbillion dollars provided under the federal Clean Water Act has come under fire from nine environmental
and transportation groups that argue the money would be improperly spent on basic construction, not
enhancing water quality.

The by-catch problem in the U.S. isn't just hurting our oceans, but our pockets too, according to a new
report by Oceana. The environmental group estimates the U.S. fishing industry loses at least $1 billion
annually from the staggering amount of seafood that is unintentionally caught (and then discarded) by
fishermen.

On a beautiful summer afternoon recently, a handful of people across America decided it was high time
to make their feelings known about the Obama administration's most significant response yet to climate
change - the EPA's Clean Power Plan. Here is what they wrote.

Among more than 2,500 doctors consulted for the survey, nearly all of them reported counseling
patients on factors such as diet, exercise and cigarette smoking. However, only about 20 percent said
they addressed environmental exposures. They pegged their hesitation to a number of factors, from the
fear of overwhelming patients with anxiety-inducing worries to limited appointment time to a lack of
environmental health education.

Residents worried about the spate of earthquakes that have plagued parts of Oklahoma likely got little
satisfaction Thursday night at a town hall on the subject, as experts said there is no way to know their
cause.

Scientists say the aquarium fishery off the Big Island is among the best managed in the world, but it has
nevertheless become the focus of a fight over whether it's ever appropriate to remove fish from reefs
for people to look at and enjoy.

The memorandum will spur the creation, within the next 180 days, of a National Pollinator Health
Strategy that will lay out ways for the U.S. to better study and better tackle the problems facing
pollinators, both wild and managed. While the plight of bees has gotten deserved attention of late,
many species of pollinators face the same threats: habitat destruction, climate-induced changes in
flowering and weather patterns, and in some cases, pesticides.

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Allen, Kara[Kara.Allen@mail.house.gov]
Allen, Kara
Mon 6/16/2014 1 :56:10 PM
SEEC Daily Clips 6.16.14

Sustainable Energy & Environment Coalition

Top news stories:

The arcane but powerful Federal Energy Regulatory Commission will once again spark political
conflagration this week as the Senate Energy and Natural Resources Committee casts its vote on
Norman Bay, President Obama's second contentious pick in recent months to lead the agency.

Four in 10 new oil and gas wells near national forests and fragile watersheds or otherwise identified as
higher pollution risks escape federal inspection, unchecked by an agency struggling to keep pace with
America's drilling boom, according to an Associated Press review that shows wide state-by-state
disparities in safety checks.

The Shirley Fire, which broke out late Friday and has so far burned through about 2,000 acres of land,
was only about 10 percent contained as of Sunday. The fire is burning in and around Sequoia National
Forest, which is home to 34 groves of giant sequoias.

The Interior Department on Friday announced the first step in planning new offshore oil and gas
auctions. The lease sales would be for oil and gas exploration in U.S. waters from 2017-2022.

U.N. climate negotiations made tentative progress on Saturday towards a text for a 2015 deal to bind all
nations to cut greenhouse gas emissions.

Coal dominated world energy markets last year by supplying the biggest share of demand since 1970,
making it the fastest growing fossil fuel, according to an annual review by BP Pie.

The 2014 Word Cup kicked off in Brazil this week and while there has been ample criticism over the

massive cost of hosting the event, estimated to reach as much as $11.5 billion, a bright spot in the
construction is the integration of renewable energy.

Energy news:

Petroleum companies will get a breather from latest round of renewable fuel standard, as the
Environmental Protection Agency (EPA) is once again delaying the deadline for compliance with the
2013 standards.

Brent crude was projected by Wall Street analysts to average as much as $116 a barrel by the end of the
year. Now, with violence escalating in Iraq, how far the price will rise has become anyone's guess.

Ukraine said Russia cut natural gas supplies after demanding fuel payments be made in advance, the
first time shipments have been affected in this year's crisis in relations between the two countries.

The impending promotion to House majority leader for Rep. Kevin McCarthy, the California Republican
with a moderate reputation on energy policy who represents one of the windiest districts in the country,
would at first seem like good news for clean energy supporters hoping to extend a key renewable
electricity tax break at the end of this year.

In an apparent attempt to ease health and safety concerns over CSX Corp.'s plan to reconstruct a freight
train tunnel in Southeast D.C., the U.S. Department of Transportation on Friday said the company would
offer money to the residents most harmed by the project.

The moves by New Hampshire and Minnesota reflect a desire for more control over in-state hazards, as
well as mounting frustration over gaps in federal law involving oil pipelines and oil trains, superficial
federal reviews and the secrecy surrounding spill response plans submitted to U.S. regulators.

A DeSmogBlog review of OIRA meeting logs confirms that in recent weeks, OIRA has held at least ten
meetings with officials from both industries on oil-by-rail regulations. On the flip side, it held no
meetings with public interest groups.

The average coal plant in the United States is 42 years old, but the oldest - and least efficient - date
from the 1940s and early 1950s. Many of them also lack the most modern pollution controls and
contribute to poor air quality.

Renewable energy developers and wind industry groups yesterday voiced their support for a proposed
$2 billion, 700-mile transmission line project in a series of letters to Energy Secretary Ernest Moniz.

Scientists in the U.S. claim they have developed a simple, one-step process that turns plant tissue into
biofuel. A genetically-engineered bacterium can convert switchgrass into ethanol directly, without any
expensive pre-treatment with enzymes to break down the cellulose fibers into something suitable for
fermentation

Climate news:

President Obama took aim Saturday at the trend of Republicans citing their absence of scientific
credentials as a reason to avoid questions about global warming. Obama even compared them
unfavorably to the many other Republicans who reject the overwhelming verdict of scientists that
human-induced climate change is real.
Australia's chief trade-deals negotiator has labeled the bid by President Barack Obama to cut U.S. powerplant emissions as lacking substance. "There's no action associated with it," Trade Minister Andrew
Robb said in a Sky News interview from Houston, Texas, where he was accompanying Australian Prime
Minister Tony Abbott.

According to scientists at Arizona State University, the air conditioning system is now having a
measurable effect. During the days, the systems emit waste heat, but because the days are hot anyway,
the difference is negligible. At night, heat from air conditioning systems now raises some urban
temperatures by more than 1C (about 2F), they report in the Journal of Geophysical Research
Atmospheres.

President Barack Oba ma's new pollution limits for power plants have set off an avalanche of information
about what the rules will cost, how they will affect your health and how far they will go toward curbing
climate change. There's just one problem: Almost none of it is based in reality.

Billions of dollars in revenues from California's carbon cap-and-trade auctions will help fund
development of the state's high-speed rail line and pay for public transit, affordable housing and
communities located near jobs and transportation under a deal struck yesterday.

The billionaire Koch brothers and their political network are planning to spend almost $300 million
during the 2014 election cycle, some of which will go toward a renewed effort to combat
unprecedented carbon regulations unveiled by the Obama administration last month.

While many US lawmakers are pulling out their hair over the White House's newly proposed limits on

state carbon emissions, the Brazilian state of Acre sees a green opportunity.

Environment & Health news:

Scientists have found evidence of a huge underground reservoir containing up to three times as much
water as on the entirety of the earth's surface and theorized to be the source for all the world's oceans.

Pew asked whether respondents would rather live in an area where "the houses are larger and farther
apart, but schools, stores and restaurants are several miles away," versus one where "the houses are
smaller and closer to each other, but schools, stores and restaurants are within walking distance."

For the better part of two decades, BASF Plant Science, Dow AgroSciences, Du Pont Pioneer, and
Syngenta have been drenching their test crops near the small town of Waimea on the southwest coast
of Kauai with some of the most dangerous synthetic pesticides in use in agriculture today, at an intensity
that far surpasses the norm at most other American farms, an analysis of government pesticide
databases shows.

President Obama was honored by Native American tribal singers and dancers on Friday afternoon, but
on his first presidential visit to Indian country he also heard from activists who want him to reject the
Keystone pipeline project that could pass nearby.

The report, published by the National Wildlife Federation and Natural Resources Council of Maine,
outlines the risks Canadian tar sands development poses to migratory birds. More than 292 species of
protected birds rely on the boreal forest for breeding habitat, including the endangered whooping
crane, and at least 130 of those are threatened by tar sands development.

The flat, glistening, white expanse of the Greenland Ice Sheet, stretching out across hundreds of
thousands of square miles, appears placid, unchanging ... boring even. But this tranquil surface belies
the turmoil taking place below, at the base of the ice sheet.

Satao was an elephant famous for having tusks so long that they nearly reached the ground, and so
distinct, that he could be easily identified from the air as he roamed Kenya's vast Tsavo East National
Park. Now, Satao is dead, slain by ivory poachers who used poison arrows to bring the great elephant
down.

More than 20,000 elephants were poached last year in Africa where large seizures of smuggled ivory
eclipsed those in Asia for the first time, international wildlife regulators said Friday.

The country's Rural Development Ministry on Friday announced a new afforestation plan to plant 2
billion trees along the nation's highways in an effort to tackle youth unemployment. The country's Road
Transport, Highways, Shipping and Rural Development Minister Nitin Jairam Gadkari said in a meeting in
New Delhi that the new initiative would also help preserve the environment.

Five years ago, this reserve was a cattle farm. Its ponds were clogged with animal waste. Its oak trees
were squat from years of pruning. But signs of change are easy to notice, from the waist-high bushes
sprouting everywhere to the abundant frogs in the pond, which are so loud at times that conversation is
virtually impossible.

It's often difficult to visualize how our daily consumption habits play out on a grander scale, how every
water bottle we discard contributes to a growing, worldwide problem. A group of activists known as
Luzinterruptus is providing one memorable visual in the form of a "Labyrinth of Plastic Waste."

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Allen, Kara[Kara.Allen@mail.house.gov]
Allen, Kara
Fri 10/18/2013 1 :57:24 PM
SEEC Daily Clips 10.18.13

Sustainable Energy & Environment


Coalition

Top news stories:


Vice President Biden and other Obama administration officials welcomed back federal workers Thursday
as the partial government shutdown ended. Bringing muffins, Biden posted up at the headquarters of
the Environmental Protection Agency.

Becoming more efficient with the energy we have is the best global source of power and fuel, the
International Energy Agency said in a report issued Wednesday morning.

A new global treaty could eliminate within three decades the commercial use of mercury in everything
from batteries, paints and skin-lightening creams to utility plants and small-scale gold mining, the head
of the U.N. 's environment agency said Thursday.

The oil and gas lobby is threatening to sue the Obama administration if environmental regulators do not
release a biofuel regulation by the end of November. The American Petroleum Institute (API) on
Thursday sent a letter notifying the Environmental Protection Agency that it should prepare for a lawsuit
if the final 2014 renewable fuel standard is not released on time.

Energy news:

Although oil and gas drilling on public lands continued during the shutdown, the Interior Department's
Bureau of Land Management stopped approving permits for new oil and gas wells when funding lapsed

Oct. 1. Now that the government is back to work, an estimated 3,000 permit applications are pending
review, a backlog that generated criticism from both sides during the shutdown.

Nearly 30 percent of natural gas drilled in North Dakota is intentionally burned off, or flared, resulting in
an approximately $1 billion loss, and releasing greenhouse gases equivalent to nearly one million new
cars on the road. Now, some North Dakota landowners are fighting back.

California today became the first state in the country to require utilities to invest in energy storage, a
move that policymakers say will pave the way for increasing amounts of renewable energy and
greenhouse gas reductions.

It takes about a month for oil to arrive from the Middle East to a refinery here on the edge of the San
Francisco Bay. On a clear day, you can see the Golden Gate Bridge in the distance from the refinery's
pier, but you will probably notice first and foremost the massive tankers docked and unloading oil into a
web of pipes.

Transporting oil is safer via a pipeline than by trucks or trains, posing a significantly lower risk to
workers, according to a new study from Canada's Fraser Institute. The report comes at a time when the
White House is said to be weighing whether to approve a cross-border permit for TransCanda Corp. 's
Keystone XL pipeline.

A federal judge could soon decide the fate of Minnesota's six-year-old renewable energy law, which
North Dakota officials say is an unconstitutional overreach.

These events were a microcosm of the changes affecting all places where renewable sources of energy
are becoming more important-Europe as a whole and Germany in particular. To environmentalists
these changes are a story of triumph. Renewable, low-carbon energy accounts for an ever-greater share
of production. It is helping push wholesale electricity prices down, and could one day lead to big
reductions in greenhouse-gas emissions.

It may be the U.S. energy industry's oddest couple: Lee Raymond, who was famously tightfisted as chief
executive of Exxon Mobil Corp. now has a seat at the table in a venture headed by Aubrey Mcclendon,
whose aggressive spending hastened his exit as chairman at Chesapeake Energy Corp.

Climate news:

Major supermarkets chains in the US including Walmart and Whole Foods continue to use
hydroflourocarbons, gaseous compounds used in refrigerants and a major source of greenhouse gas

emissions more powerful than carbon dioxide, according to a survey by the Environmental Investigation
Agency.

The Supreme Court is getting involved in climate policy again, this time on the question of how the
federal government can regulate greenhouse gas emissions. But what does this mean for the President's
climate agenda?

Disasters like drought can be the most important driver of poverty in many parts of the world, according
to a new report. The report, published by the Overseas Development Institute (ODI), found that in
drought-prone developing countries, a drought was the most important factor in keeping the area's
residents poor, surpassing ill health as cause for impoverishment.

Former Vice President Al Gore sees parallels between the last two and a half weeks of budget chaos on
Capitol Hill and the climate crisis: Many will deny there's a problem -- until they are ultimately
compelled to take action by forces beyond their control.

Nearly 100 wildfires raged across Australia's most populous state on Friday, killing one person,
destroying dozens of houses and forcing hundreds of evacuations as the nation's annual fire season got
off to an unusually early start.

The U.K. is warming faster than the global average, adding urgency to its efforts to slash greenhouse
gases. The average annual temperature in the U.K. rose at a rate of 0.18 degree Celsius (0.32 degree
Fahrenheit) per decade from 1950 through 2012, according to a paper e-mailed today by the London
School of Economics. That's 11/2 times the global average rate of increase of 0.12 degree per decade.

Environment & Health news:

National monuments and parks may be back in business for now, but severe budget cuts are causing a
"slow-motion shutdown," according to a conservation group. Acting president of the National Parks
Conservation Association (NPCA) Theresa Pierno thanked Congress on Thursday for reaching a budget
resolution that ended the government shutdown but said it isn't enough.

Senate Environment and Public Works Committee Chairwoman Barbara Boxer on Thursday called for a
hearing to review the role of the Clean Air Act in reducing toxic pollution.

Thousands of young environmentalists from around the country are heading to Pittsburgh, planning to
strengthen the green movement by involving more people of different races and backgrounds.

Texas Governor Rick Perry asked residents to pray for rain in 2011 during the worst drought in state
history. Now he wants voters to approve spending $2 billion on top of a record borrowing to boost
water supplies.

The Wyoming Supreme Court is scheduled to hear oral arguments Nov. 20 over whether the public has
the right to obtain lists of chemicals used in hydraulic fracturing or if those ingredients are corporate
trade secrets that may be shielded.

New rules will boost costs to transport crude by rail in North America as trains are forecast to carry as
much as 2 million barrels a day, about equal to what flows daily from Norway.

Microsoft, the Walt Disney Company, Google and BMW are the companies with the best corporate
social responsibility reputation, according to a study by corporate reputation management consultancy
Reputation Institute.

When Cory Booker's name is mentioned in the same sentence with "green," it's usually in reference to
the money he attracts. Still, in his six years as mayor of Newark, N.J., he's been no slacker on the
environmental front.

Oil companies in North Dakota disposed of more than a million tons of drilling waste last year, 15 times
the amount in 2006, according to Steven J. Tillotson, the assistant director of the Division of Waste
Management for the state's Health Department. Seven drilling waste landfills operate in the state, with
16 more under construction or seeking state approval.

Police in the eastern Canadian province of New Brunswick arrested about 40 people on Thursday after
efforts to dismantle a highway barricade turned violent and protesters against shale gas exploration set
several police vehicles on fire.

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Allen, Kara[Kara.Allen@mail.house.gov]
Allen, Kara
Thur 8/1/2013 2:33:22 PM
SEEC Daily Clips 8.1.13

Sustainable Energy & Environment


Coalition

Top news stories:

n recent years, SEEC Member U.S. Rep. Raul Grijalva has seen his district in southern Arizona ravaged by
wildfires, heat and drought. Dozens lost their lives and thousands were forced to evacuate their homes.
Agricultural production has slowed and water supplies are shrinking. Which is why Grijalva, a six-term
Democrat, set out to make climate change a top priority.

The White House threatened Wednesday to veto legislation requiring congressional approval of the
most expensive regulations issued by federal agencies, saying the measure would undermine basic
government functions. The House is expected to vote as soon as Friday to approve the Regulations From
the Executive in Need of Scrutiny (REINS) Act, which would require both chambers of Congress to sign
off on regulations carrying an annual price tag of $100 million or more.

U.S. EPA would be barred from using the Obama administration's new social cost of carbon estimate in
rulemakings under an amendment approved yesterday by the House Appropriations Committee. The
panel voted 28-20 to add the amendment by Rep. John Culberson (R-Texas) to its fiscal 2014 bill to fund
EPA, the Interior Department and the Forest Service. The vote was one of several the committee took
before halting yesterday afternoon, rejecting along party lines efforts by Democrats to cut the bill's 31
policy riders and to increase funding for a variety of programs.

There was no shortage of material for the pre-recess meeting with the president. For instance,
according to Durbin, Sen. Mary L. Landrieu, D-La., raised the subject of the approval process of the
Keystone XL pipeline, which she supports (though many Senate Democrats do not). Obama apparently
didn't commit one way or the other.

The U.S. wind energy industry's growth engine badly sputtered and then stalled in the first half of 2013,
with only 1.6 megawatts of new wind power coming online between January and June, according to
data released yesterday by the American Wind Energy Association.

Energy news:

After months of frustrating delays, a chemical company announced Wednesday that it had produced
commercial quantities of ethanol from wood waste and other nonfood vegetative matter, a long-sought
goal that, if it can be expanded economically, has major implications for providing vehicle fuel and
limiting greenhouse gas emissions.

Deepwater Wind LLC won the first auction for offshore wind-energy development in U.S. federal waters,
agreeing to pay $3.8 million to lease two blocks off Massachusetts and Rhode Island. The closely held
company, which is backed by the hedge fund D.E. Shaw & Co., plans to put 200 turbines in the water
with total capacity of 1,000 megawatts, according to a statement yesterday. Construction could begin in
2017, and power production in 2018, the Providence, Rhode Island-based company said.

The House voted 400-20 Wednesday to hit Iran with the toughest sanctions yet over its nuclear
program, in a forceful rejection of arguments that Congress should refrain from new penalties pending
international negotiations with the new Iranian government.

The Senate Environment and Public Works Committee will hold a hearing on the Renewable Fuel
Standard this fall, Bettina Poirier, a Democratic committee aide, told The Hill on Wednesday. The
announcement raises the specter that changes to the nearly decade-old biofuel-blending mandate could
be in the offing.

A Senate Finance subcommittee yesterday began its work to overhaul an array of tax incentives
benefiting energy companies with a broad overview of what benefits exist today and continued partisan
disagreement over how to account for the tax breaks enjoyed by various industries.

House Republicans aren't giving up on Yucca Mountain as a long-term nuclear-waste storage site,
despite a bipartisan Senate plan to explore alternatives and establish a new nuclear-waste agency.
Energy Secretary Ernest Moniz signaled his support for the Senate plan in a Tuesday hearing, but faced a
less receptive audience Wednesday in the lower chamber.

Despite widespread support from Democrats, Republicans, environmentalists, and industry groups, an
energy-efficiency bill won't get a floor debate until at least September, despite repeated assurances by
Senate Majority Leader Harry Reid that the chamber would consider it before the August recess.

The future of net metering in Arizona is under attack, with the state's largest electric utility Arizona
Public Service (APS) proposing changes that undermine cost benefits for residential solar installations.

The University of the Virgin Islands has signed a power-purchasing agreement with an Illinois-based
energy company to create solar energy systems on the school's two campuses.

Climate news:

House Republicans have teed up a floor vote designed to rebuke longshot carbon tax proposals and
politically tether President Obama to them in the process, despite the White House vow never to
propose an emissions tax. Rep. Steve Scalise (R-La.) is offering an anti-carbon tax amendment to
legislation on the floor this week that requires congressional approval of "major" federal regulations.

Shareholders and large pension funds are getting skittish about how climate change could threaten the
companies they've invested in. That's according to The Daily Climate, which picked up on a new data
release by Ceres - a U.S. organization dedicated to more sustainable business practices - that
documents corporate shareholder meetings throughout the United States.

The state will launch a broad review of the planned Cherry Point project that will include a look at
greenhouse-gas emissions from burning the fuel, while the U.S. Army Corps of Engineers and Whatcom
County will conduct more limited reviews.

Interior Secretary Sally Jewell today challenged her employees to take an active role in the "moral
imperative" to address climate change. "I hope there are no climate change deniers in the Department
of Interior," she said.

The city of Boulder is set to adopt a goal of cutting its greenhouse gas emissions 80 percent by 2050.
Meeting that new goal, which is expected to be adopted by the City Council next year, will require an
"unprecedented level of action," a city staff memo said.

Environment & Health news:

The oil that exploded in the Lac-Megantic disaster will be covered by insurance, but the company that
owns the crude said many other questions about who must pay for the catastrophe still need to be
worked out.

Lawmakers in the Senate are staking out claims on a bipartisan bill to reform the nation's decades-old
toxic chemical law. Support has built in recent weeks for legislation crafted by the late Sen. Frank
Lautenberg (D-N.J.) that would update chemical safety measures that are considered woefully out of
date.

Probes of incidents such as fires and explosions at plants and refineries by federal officials take too long,
putting the U.S. Chemical Safety Board's mission to prevent accidents at risk, a U.S. government
watchdog said.

The House Natural Resources Committee voted mostly along party lines Wednesday for GOP legislation
that would block Interior Department efforts to expand regulation of oil-and-gas "fracking" on public
lands. The 23-15 vote is the latest sign of GOP opposition to regulations that many Republicans and
industry groups call unneeded and burdensome.

The House Science Committee will mark up legislation Thursday that forces the Environmental
Protection Agency to alter its ongoing study of the effects of oil-and-gas "fracking" on drinking water
resources. Chairman Lamar Smith's (R-Texas) bill would require the major, years-long study to include
"objective estimates of the probability, uncertainty and consequence of each identified impact, taking
into account the risk management practices of states and industry."

Environmental Protection Agency deputy administrator Bob Perciasepe is no "sore loser," as we wrote
Tuesday, about getting aced-out by assistant administrator Gina McCarthy for the top job. After all, he's
sticking around in the No.2 slot - much to McCarthy's relief.

Three nominees to fill vacancies at U.S. EPA cleared the Senate Environment and Public Works
Committee by voice vote Tuesday evening, although the nominee to head EPA's water office could see
trouble ahead. Ken Kopocis, who was nominated to be assistant administrator for the Office of Water in
June 2011, had seven Republicans vote against his nomination after he faced tough questions during a
confirmation hearing last week.

That coal is the subject of a lawsuit filed Wednesday by a coalition of environmental groups against the
Export-Import Bank of the United States. The groups are challenging the federal agency's financing of
fossil fuel exports from ports in Baltimore and Hampton Roads.

A slim majority of Californians surveyed in a new poll oppose the increased use of fracking in the state,
and even those who favor the controversial oil production technique want stricter regulations on it.

Chevron has agreed to pay $384,000 in penalties for pollution violations at its Salt Lake City refinery.
Under a settlement announced Wednesday by the U.S. Environmental Protection Agency, the company
will pay $284,000 in fines and buy four new compressed-natural-gas school buses for the Jordan School
District that will cost about $25,000 each.

Environmental groups are suing over New York's recent deregulation of dairy farms, warning that the
move will inevitably soil New York's water sources and hurt the environment. New York dairy farmers
are enjoying a boom thanks to the growing popularity of Greek yogurt.

Government regulators in Canada are investigating a series of mysterious oil spills around tar sands
operations in Alberta. Thick oil is gurgling up unexpectedly from the ground instead of flowing through
the wells that were built to collect it.

China won't let earthquakes hinder its quest for energy. Companies such as Royal Dutch Shell Pie (ROSA)
and China National Petroleum Corp. are starting to drill for gas and oil in shale rock in Sichuan, the
nation's most seismically active province, a process geologists say raises the risk of triggering quakes.

To:

From:
Sent:
Subject:

Allen, Kara[Kara.Allen@mail.house.gov]
Allen, Kara
Wed 5/7/2014 2:03:47 PM
SEEC Daily Clips 5.7.14

Sustainable Energy & Environment Coalition

Top news stories:

SEEC Vice-Chair Rep. Jared Polis (D., Colo.), one of the richest members of Congress, is bankrolling
efforts to get an initiative on this year's ballot in Colorado that would limit-and potentially banfracking in the state. Incumbent Democratic Sen. Mark Udall, who is running for re-election, is in a
political bind as he faces pressure from his GOP challenger Rep. Cory Gardner to oppose any ballot
initiative and also from Mr. Polis-along with grassroots environmentalists-to support an initiative.

The White House upped the ante today on its bet that Americans will care more about climate change if
they understand its costs for their own communities, throwing resources and presidential star power
behind the release of a new scientific report on the regional effects of warming.

Senators advanced a bill Tuesday that would promote energy efficient practices in buildings and
manufacturing, though its passage hinges on key amendment votes. The Senate agreed 79-20 to limit
debate on proceeding to the measure ( S 2262 ). Sixty votes were required, and the chamber has up to
30 hours for debate before voting on the motion to proceed unless there is a time agreement.

Continued fighting in the Senate over amendments to a bipartisan energy efficiency bill prompted
Majority Leader Harry Reid to compare his Republican colleagues to "greased pigs" on Tuesday, after a
lengthy explanation of what exactly those are.

A U.S. appeals court on Tuesday threw out an oil industry challenge to the Obama administration's 2013
biofuel mandate, ruling that the government has "wide latitude" to decide whether to modify
renewable fuel use targets, and by how much.

White House counselor John Podesta said congressional attempts to trump EPA's climate rules will fail.

"They'll find various ways, particularly in the House, to try to stop us from using the authority we have
under the Clean Air Act," Podesta said at Monday's White House press briefing

Energy news:

Stanford University announced Tuesday that it would divest its $18.7 billion endowment of stock in coalmining companies, becoming the first major university to lend support to a nationwide campaign to
purge endowments and pension funds of fossil fuel investments.

President Obama's pick to lead the Federal Energy Regulatory Commission, Norman Bay, appears to
have garnered some heavy-hitting support on a Senate panel critical to his confirmation this month.

Canadian Natural Resources Minister Greg Rickford met with U.S. Energy Secretary Ernest Moniz
Monday to urge approval of the Keystone XL pipeline and recognize the countries' energy ties.

In addition to funding CCS research, Rockefeller's legislation would expand tax credits for companies
that use CCS, fund loan guarantees for constructing CCS facilities and fund retrofits of existing CCS
facilities.

First Solar Inc. (FSLR), the largest U.S. solar manufacturer, reported net income that was more than
double estimates, largely the result of revenue from a 139-megawatt power plant in California.

Recently, that law has been put to the test. A $100 million wind energy development in Maine proposed
by the Boston-based company First Wind faces likely rejection by a state agency due to its effect on the
surrounding area's "scenic character."

Iowa's push for renewable energy has sparked a $10 billion investment in wind energy capacity, a new
report shows. But what about solar? Jonathan Weisgall, Berkshire Hathaway Energy's vice president of
legislative and regulatory affairs, said Iowa and other Midwestern states are unlikely to see large utilities
invest in solar energy without setting standards that require it.

Climate news:

Republican leaders in the Senate portrayed President Barack Obama's push to highlight the devastating
impacts of climate change this week as a distraction from issues that are more important to them, and,
they argued, to Americans.

The newly released National Climate Assessment spans 30 chapters with thousands of references on
how climate change is impacting the U.S. The report took more than 300 scientists and 4 years to
prepare, including addressing more than 4,000 comments from the public. The message of the report is
that climate change is already happening across the country.

Three cabinet-level officials are assuring Republican senators that the Obama administration has no
plans to regulate methane emissions from the agricultural sector or livestock.

Supporters and opponents saw the Obama administration's full embrace of the National Climate
Assessment yesterday as laying the groundwork for wide-ranging new efforts to curb emissions blamed
for global warming.

The long political battle over the Keystone XL pipeline could reach a pivotal moment this week if enough
Democratic senators join Republicans to support a bill that would approve the project, all but
guaranteeing a veto showdown with the White House.

Grosvenor's researchers concluded that U.S. cities rank well when it comes to overall resilience- but it
isn't because they aren't vulnerable to shocks like climate change, natural disasters, failing
infrastructure and "community strife" that results from inequality.

The Chinese leadership has called for the accelerated development of these coal-to- gas plants, and
more are under construction in areas distant from major urban centers. But embracing this technology
to fight air pollution involves a serious environmental trade off. The plants that produce this gas spew
far more carbon emissions than those that burn coal to generate electricity.

"Have you seen a 5-inch hailstone?" asks John Allen. "Seeing a stone like that is pretty amazing. Seeing it
fall? Pretty amazing. Being in Oklahoma, when there's a Porsche dealership outside the gas station
you're hiding (in), and hearing the hailstones hit Porsches? Kinda fun."

Environment & Health news:

A unit run by President Barack Obama's political staff inside the Environmental Protection Agency
operates illegally as a "rogue law enforcement agency" that has blocked independent investigations by
the EPA's inspector general for years, a top investigator told Congress.

The Pebble Mine, potentially the largest mine of its kind in the world, has been dealt a series of
financial, political and regulatory setbacks, most recently via an EPA move in February that could halt
the project's permitting process.

City leaders in celebrity-filled Beverly Hills voted on Tuesday to ban fracking, becoming the first
municipality in California to prohibit the controversial technique for extracting natural gas and oil from
underground rock deposits.

The state Senate on Monday endorsed a bipartisan compromise on how to handle the possibility of
waste coming to Connecticut from hydraulic fracturing operations in other states.

Duke Energy's recorded a loss for the first quarter Wednesday as the company took a nearly $1.4 billion
charge for the Midwestern power plant fleet it will soon sell.

Researchers from the University of Georgia, Florida State University, and University of North Carolina
spent March 30 through April 22 in the Gulf of Mexico, looking at whether the 2010 Deepwater Horizon
oil spill was still impacting the ecology around the well. Andreas Teske, marine sciences professor at the
University of North Carolina, told ThinkProgress that the research team found small invertebrates,
including crabs and shrimp, were beginning to recolonize the region around the well.

Greenpeace USA announced new leadership on Tuesday, tapping filmmaker, author and environmental
activist Annie Leonard to serve as its next executive director.

To:

Cc:
From:
Sent:
Subject:

Hengst, Benjamin[Hengst. Benjamin@epa.gov]; Mackay, Cheryl[Mackay. Cheryl@epa.gov]


Repko, Mary Frances[Mary.Frances.Repko@mail.house.gov]
Teitz, Alexandra
Wed 7/23/2014 8:07:39 PM
Fw: Draft changes to HR 875

From: Lieberman, Ben


Sent: Wednesday, July 23, 2014 09:31 AM
To: Teitz, Alexandra
Subject: Draft changes to HR 875

Here is our draft changes to HR 87 5 as of now. The first eliminates the section that would have
revoked the EIS waiver. The second requires NAS to also looks at other renewable fuel
pathways. And the third sets the overall renewable fuel volumes for 2014 and 2015 at the level
proposed by EPA for 2014

Ben Lieberman
Majority Counsel
Committee on Energy and Commerce
U.S. House of Representatives
(202) 225-8267

Delete Sec. 2(b)

Add Sec. (2)(c)(2)(C) increase the timely availability of new pathways to produce renewable
fuels, including non-ethanol renewable fuels that can obviate the need for using mid-level
ethanol blends.

Add new Sec. 3 INTERIM RENEWABLE FUEL STANDARD


(a) For calendar years 2014 and 2015, and any subsequent years prior to submission of the
report, Section 21 l(o)(2)(B)(i) of the Clean Air Act (42 U.S.C. 7545(o)(2)(B)(i)) is
amended by striking the applicable renewable fuel volumes in subclause (1) and
inserting in lieu thereof" 15 .21."
(b) The Environmental Protection Agency shall use the renewable fuel volume established
by this Act in determining the applicable volume percentage standards for calendar years
2014 and 2015 and subsequent years if necessary.

To:

From:
Sent:
Subject:

Allen, Kara[Kara.Allen@mail.house.gov]
Allen, Kara
Tue 4/15/2014 1 :53:56 PM
SEEC Daily Clips 4.15.14

Sustainable Energy & Environment


Coalition

Top news stories:

Environmental Protection Agency (EPA) chief Gina McCarthy is traveling to Taiwan and Vietnam this
week for events related to environmental education and international cooperation on environmental
issues.

China said on Tuesday it had lodged a protest with the United States over a visit by Washington's
environmental protection chief to self-ruled Taiwan this week.

Natural gas drilling at some sites in southwestern Pennsylvania released 100 to 1,000 times the amount
of methane as the Environmental Protection Agency (EPA) has estimated for such operations, according
to a new study.

The League of Conservation Voters and the Natural Resources Defense Council Action Fund announced
Monday that they are joining forces on a multimillion-dollar electoral effort. The goal of the initiative,
which they're calling LeadingGreen, is to drive $5 million in direct campaign contributions to proenvironment candidates in 2014.

A survey released Tuesday -- the first comprehensive one of its kind - says that only 10 killers of 908
environmental activists slain around the world over the past decade have been convicted. The report by
the London-based Global Witness, a group that seeks to shed light on the links between environmental
exploitation and human rights abuses, says murders of those protecting land rights and the environment
have soared dramatically. It noted that its toll of victims in 35 countries is probably far higher since field
investigations in a number of African and Asian nations are difficult or impossible.

Signs have been detected that a periodic warming of the tropical Pacific known as El Nino is imminent,
presaging changes to global weather patterns in the months ahead, the World Meteorological
Organization said.

Energy news:
Wind farms are more popular in Britain than hydraulic fracturing, a new study shows. According to the
You Gov poll, 62 percent of respondents said they would rather live next to a wind farm than a fracking
site. Nineteen percent said they would prefer an oil or gas well near their home, according to the poll.

There is an old joke in the energy business that advanced biofuels are the fuel of the future, and always
will be. A Spanish company, Abengoa Bioenergy, has bet $500 million on robbing that joke of its punch
line. In the middle of a cornfield here it is building a 38-acre Erector set of electrical cable and pipe that
will soon begin producing cellulosic ethanol, which it calls a low-polluting alternative to petroleum
products.

A Government Accountability Office (GAO) report released Monday said when the Environmental
Protection Agency's (EPA) is late in issuing its annual Renewable Fuel Standards (RFS) it increases costs
for refiners.

Some prototypes look like parachutes. Others, like one developed by the Google-owned startup Makani
Power, look more like gliders. Another, called a buoyant airborne turbine, or "the BAT," resembles a
blimp, but it's hollow, with a spinning turbine suspended in its center.While renewable energy
developers dream of harnessing the stronger, more consistent breezes that blow thousands of feet
above our heads, it's hard to say when airborne wind energy technology will become commercially
viable.

Sen. Mary Landrieu (D-La.) released a new minute-long ad that touts her work defending Louisiana's oil
industry using her own words. The ad shows news clips playing in Louisiana homes of Landrieu talking
about her record on oil and gas and hammering the Obama administration, and calls her chairmanship
of the Energy Committee "the most powerful position in the Senate for Louisiana."

Energy giant ConocoPhillips Co. has received approval from the Department of Energy to resume
exporting liquefied natural gas (LNG) from its Kenai, Alaska, facility, and plans to start exporting this
spring.

It turns out this would also be much easier for utilities to manage. If grids were in chunks of 500-700
connections, they would be big enough to stabilize local fluctuations in power generation, but small
enough to avoid large-scale failures, according to research by the American Institute of Physics.

Governments are funding research to find cost effective and efficient ways to recycle rare earth metals
from used products. For instance, the U.S. Department of Energy-funded Innovation Hub is looking for
ways to secure the supply of five rare earth metals identified by the government as critical, reported
Ensia.

Prime Minister Shinzo Abe is pushing Japan's coal industry to expand sales at home and abroad,
undermining hopes among environmentalists that he'd use the Fukushima nuclear accident to switch
the nation to renewables.

The story of German power giant RWE AG (RWE) exemplifies the crisis facing the nation's utility industry -and those of many countries across Europe -- as nuclear power plants get shuttered in the wake of the
Fukushima disaster, renewables steal away revenue, and consumers and companies complain about
rising power costs that are three times higher than in the U.S.

Climate news:

March 2014 was the fourth-warmest March on record globally, according to recently released NASA
data, making it the 349th month - more than 29 years - in which global temperatures were above the
historic average.

The United States needs to enact a major climate change law, such as a tax on carbon pollution, by the
end of this decade to stave off the most catastrophic impacts of global warming, according to the
authors of a report released this week by the United Nations Intergovernmental Panel on Climate
Change.

An evangelical Christian, married to a pastor, living in conservative West Texas, and widely regarded as a
top-notch climate scientist, Dr. Katharine Hayhoe is a rare breed on paper - in person, she's even rarer.
Deftly moving between topics like science, religion, and gender with equal parts insight and levity,
Hayhoe is an unassuming force of nature.

Rep. Ted Yoho (R-FL) readily admits he's "not smart enough" to determine the roots of climate change.
He is, however, able to rule out one possible cause: humans.

Corn is the most common grain in the U.S., with its production historically concentrated in a Midwestern
region stretching from the Ohio River valley to Nebraska and trailing off in northern Minnesota. It had
been ungrowable in the fertile farmland of Canada's breadbasket. That is changing as a warming
climate, along with the development of faster-maturing seed varieties, turns the table on food
cultivation. The Corn Belt is being pushed north of what was imaginable a generation ago.

Last night's episode of Fox's Cosmos series didn't seem political or controversial, at least on the surface.
Rather, it introduced us to the world on the molecular and atomic scale, at one point venturing inside of
a dewdrop (packed with extremely cool tiny organisms like tardigrades) and, later, inside of a plant cell.
It was kind of reminiscent of what you learned in your ninth grade bio class - albeit much less sleep
inducing.

Canada's energy industry has officially surpassed transportation as the largest producer of climatechange causing greenhouse gases, in no small part because of large increases in tar sands extraction,
according to a government report quietly released Friday.

Environment & Health news:

A federal appeals court on Monday struck down a top component of the Dodd-Frank Act requiring
companies to disclose whether their products contain minerals from the war-torn Democratic Republic
of Congo (DRC).

Throughout the last two centuries, cities across the globe - as you might view them from space - have
expanded in a relatively uniform way: first incrementally, then at a breakneck speed.

Senate Majority Leader Harry Reid (D-Nev.) weighed in Monday against a Nevada rancher who is
battling the federal government. "Well, it's not over," Reid told KRNV, a Reno, Nev.-based television
station. "We can't have an American people that violate the law and then just walk away from it. So it's
not over."

The Central Valley was once one of North America's most productive wildlife habitats, a 450-mile-long
expanse marbled with meandering streams and lush wetlands that provided an ideal stop for migratory
shorebirds on their annual journeys from South America and Mexico to the Arctic and back.

To the untrained eye, Manatee Springs is an idyllic refuge in Central Florida: The cool water is so clear in
parts that the sand glistens like polished aluminum. A vast series of underwater caves beckons
thousands of divers. Deer wander by as do manatees, turtles, owls. Eagles soar overhead.

Palm oil production in Southeast Asia, the largest growing region, is at increasing risk from the probable
onset of an El Nino later this year after estates were already hurt by dryness in the first quarter. Prices
advanced.

The group that conducts Japan's whaling says it expects to resume scientific whaling in the Antarctic
after this year's hunt was cancelled following an order by an international court.

To:

From:
Sent:
Subject:

Allen, Kara[Kara.Allen@mail.house.gov]
Allen, Kara
Fri 4/11/2014 2:08:21 PM
SEEC Daily Clips 4.11.14

Sustainable Energy & Environment


Coalition

Top news stories:

The United States has made major advances toward creating new sources of renewable, clean and
domestic energy in the last decade. Federal, state and local governments are committed to working with
private businesses, unlocking America's entrepreneurial spirit so that we might solve the challenge of
creating whole new energy industries where none existed before.

Have you ever envisioned an alternate reality in which the majority of House Republicans not only
accepted the reality of man-made climate change but also saw it as an urgent national priority? Now
you can, thanks to this mash up from SEEC Member Rep. Jared Huffman (D-Calif.).

SEEC Member Rep. Peter Welch (D-Vt.) urged his colleagues to remove a corn-based ethanol mandate
from the Renewable Fuel Standard (RFS), saying the mandate hurts a diverse range of people and
businesses including farmers, small engine users and restaurants.

The House Appropriations Committee plans to mark up the Commerce-Justice-Science measure after
the two-week recess, pressing its aggressive schedule on spending bills, while Senate Appropriations will
move to take up its first bill, Military Construction-Veterans Affairs, later in May.

Energy Secretary Ernest Moniz on Thursday said the Obama administration's "all of the above" energy
strategy is working, but that more funding is needed. Moniz's testimony before the House Science,
Space and Technology Committee drew fire from the panel's Republicans, who indicated they are
dubious of the administration's claims that it remains committed to fossil fuel development.

The wind industry didn't just see the number of new turbines it brought on line fall off a cliff last year, it
also shed more than a third of its workforce as project developers, manufacturers, utilities and other
companies struggled to rebound following the brief expiration of a prized tax incentive, the American
Wind Energy Association said today in its annual report.

Climate change is causing an increase in many types of extreme weather. Heat waves are hotter, heavy
rain events are heavier, and winter storms have increased in both frequency and intensity. To date,
these kinds of severe weather are among the leading causes of large-scale power outages in the United
States.

Russian President Vladimir Putin warned leaders in Europe on Thursday that Russia could cut supplies of
natural gas to Ukraine if its unpaid bill isn't addressed, potentially disrupting deliveries to the rest of the
Continent.

Energy news:

Once a booming industry, U.S. wind power saw its growth plummet 92% last year as it wrestled with tax
uncertainties and cheap natural gas. The industry is still growing but not nearly as fast, says a report
Thursday by the American Wind Energy Association. It added a record 13,131 megawatts of power in
2012 but that fell to only 1,087 MW last year - the lowest level since 2004.

The strategy emphasizes siting and design features in development to mitigate the impacts to federal
lands, while seeking to protect or restore resources that must be harmed. It comes as energy
development is increasing rapidly on federal property, and the Obama administration is under constant
pressure to allow more.

The report from the Energy Department's Office of Inspector General found at least one document
created by the Federal Energy Regulatory Commission on power grid weaknesses, and information
related to an attack on a California utility substation last year, should have remained classified.

Spain overtook Norway last month to become the region's biggest exporter of liquefied natural gas. The
southern European nation has never produced any of the fuel.

Solar power could soon be used directly in the manufacturing of new solar cells, making production of a
key chemical require zero energy. The study, published in the journal Royal Society of Chemistry
Advances, found that the sun could be used to create copper indium diselenide ink, a promising solar
material. Its efficiency at converting solar energy is high, around 20 percent, and should be capable of
improving even more.

Grain producers, manufacturers and coal shippers told federal regulators Thursday that rail service has
deteriorated drastically in the nation's midsection in recent months, leaving crops in piles on the ground
and fuel stocks low at electric power plants as resources go undelivered.

Houston and the rest of the U.S. Gulf Coast have more crude oil than the region can handle. Stockpiles in
the region centered on Houston and stretching to New Mexico in the west and Alabama in the east rose
to 202 million barrels in the week ended April 4, the most on record, Energy Information Administration
data released yesterday show.

On Wednesday, Swiss pilots Bertrand Piccard and Andre Borschberg unveiled a plane that is set to
become the first to fly around the world using only solar and battery power. The team hopes to make
the trip with its Solar Impulse 2 plane for five consecutive days in March 2015, using only electricity
generated from the sun hitting the photovoltaic panel across its wing.

Tesla Motors Inc. (TSLA), the electric-car maker, plans to start selling its luxury sedans in China this
month and said the company's co-founder, billionaire Elon Musk, will be there to kick off the effort.

Japan's cabinet approved the first national energy strategy since the Fukushima nuclear accident more
than three years ago, designating nuclear as an important source of electricity for the resource-poor
nation.

The government and the people also turned to another option, energy efficiency and conservation. A
campaign called 1setsuden' (power saving) was established to generate support. It worked, and by
allowing dressed-down outfits and rotating air-conditioning schedules, the country averted blackouts.

Climate news:

With winds gusting up to 160-180 mph, Cyclone lta is barreling toward the northern coast of
Queensland, Australia, where its violent winds and high storm surge could cause considerable damage.
lta unexpectedly intensified rapidly on Thursday and its winds would make it a Category 4 hurricane in
the Atlantic Ocean.

It is already taking shape as the 21st century urban nightmare: a big storm hits a city like Shanghai,
Mumbai, Miami or New York, knocking out power supply and waste treatment plants, washing out
entire neighbourhoods and marooning the survivors in a toxic and foul-smelling swamp.

The U.S. Environmental Protection Agency's plan to focus on cracking down on just the largest polluters
will deliver "lasting returns" to the American public, its top enforcement official said on Thursday.

The student-led effort to pull Harvard's $32. 7 billion university endowment out of the fossil fuel
campaign just gained the support of the school's faculty. In an open letter to the Ivy League school's
president and trustees, signed by 93 staff members, they called the university out for supporting
greenhouse gas-reducing programs on campus "while maintaining investments that promote their
increase locally and worldwide."

Come grilling season, expect your sirloin steak to come with a hearty side of sticker shock. Beef prices
have reached all-time highs in the U.S. and aren't expected to come down any time soon.

One of Congress' most vocal climate advocates today appealed to like-minded corporations to balance
the influence and capital that anti-regulatory companies have spent fanning the flames of climate
skepticism.

The Senate Energy and Natural Resources hearing, called to examine physical threats to the electric grid
and recently leaked classified information on the vulnerability of several substations, strayed to talk of
the Environmental Protection Agency's carbon emissions limits on coal-fired power plants.

White House press secretary Jay Carney attempted to sideline any noise that President Obama would
establish a hard deadline for his decision on the Keystone XL pipeline Thursday.

Environment & Health news:

The report, published Wednesday by the Center for American Progress and Oxfam America, looked at
three coastal restoration projects on different coasts in the U.S. and found that, for every $1 invested in
coastal restoration projects, $15 in net economic benefits was created.

A strong earthquake struck off the western coast of Papua New Guinea on Friday, the USGS reported.
The 7.3-magnitude temblor hit about 32 miles west of Panguna.

Dressed in a pale blue snow jacket and purple beanie, Sally Jewell listened intently as the scientists
described the years of research dedicated to the park's glaciers. The secretary of the Interior eyed a
graph charting changes in the Nisqually's elevation and noted the drop-off between 2002 and 2011. Yes,
the scientists confirmed, that's one sign of how climate change is impacting the glaciers.

Whether or not fracking causes groundwater pollution, people fear the risk enough that property values
have dropped for homes with drinking-water wells near shale-gas pads, according to new research.

West Virginia's eight black lung community clinics are facing big funding cuts that may affect the medical
care and benefits received by some 8,500 coal miners suffering from the deadly disease.

A report just made public by the U.S. Fish and Wildlife Service documents a disturbing amount of bird
injuries at three large California desert solar power plants, and says that there are no easy fixes to the
issue.

Bats in Wisconsin and Michigan have been infected with a disease that has killed millions of the
mosquito-eating mammals elsewhere in the U.S. and could have a detrimental impact on farming and
forestry, wildlife officials said on Thursday.

Residents in the western Chinese city of Lanzhou rushed to buy bottled water on Friday after authorities
said the city's drinking water contained levels of benzene, a cancer-inducing chemical, standing at 20
times above national safety levels.

Here's some much-needed good news for our shark friends: The Hong Kong chapter of the World Wide
Fund for Nature (WWF) announced this week that the volume of shark fins exported to Hong Kong fell
by about 35 percent between 2012 and 2013.

While the government and mines would foot part of the bill, the cost would mostly fall on consumers,
said Marius Keet, acting chief director of the department's office in Gauteng province, which includes
Johannesburg, the country's biggest city.

As political unrest continues to threaten the peace in Ukraine, thousands of animals at one of the
country's zoos are at the brink of starvation, an international conservation group announced this week.

To:

From:
Sent:
Subject:

Allen, Kara[Kara.Allen@mail.house.gov]
Allen, Kara
Thur 4/10/2014 2:01 :32 PM
SEEC Daily Clips 4.10.14

Sustainable Energy & Environment


Coalition

Top news stories:

Two California Democrats introduced a bill that would provide a bond program that would sell bonds to
pay for clean energy tax incentives. SEEC Member Rep. Zoe Lofgren and SEEC Vice Chair Rep. Doris
Matsui are calling the proposed bonds "victory bonds," after war debt that the Treasury Department
sold to fund World Wars I and II.

In 1999, I participated in my first beach cleanup with I Love A Clean San Diego and the San Diego
Surfrider Foundation. The San Diego region in many ways is defined by our relationship with the ocean.

The Obama administration released a comprehensive strategy document Wednesday aimed at reducing
wildfires, which it says are being exacerbated by climate change. The strategy recommends preventive
measures like controlled burns, municipal and state zoning to reduce the effects of sprawl and
incorporating watersheds into local management plans.

Senior Environmental Protection Agency officials consulted with at least 210 separate groups
representing a broad range of interests in the Washington area and held more than 100 meetings and
events with additional organizations across regional offices as the agency prepared its carbon pollution
regulation for existing power plants.

A House subcommittee passed a bill proposed by Rep. Cory Gardner (R-Colo.) on Wednesday aimed at

expediting liquefied natural gas exports to U.S. allies. Gardner proposed the bill in light of the crisis in
Ukraine, which has highlighted the dependence of Eastern Europe on Russia for natural gas supplies.

The House Transportation and Infrastructure Committee voted Wednesday to restrict the
Environmental Protection Agency's (EPA) authority to block permits to dump dredge or fill material into
waterways. The measure would prohibit EPA from revoking a dredge or fill permit after the Army Corps
of Engineers grants the permit. EPA would still be able to veto the permit while the Army Corps is
considering it.

The concentration of carbon dioxide, the greenhouse gas that drives climate change, hit 402 parts per
million this week - the highest level recorded in at least 800,000 years.

The Pipeline and Hazardous Materials Safety Administration proposed $9. 78 million in civil penalties
against pipeline operators for alleged violations of federal law in 2013, the agency announced this week.

Energy news:

Sixty-five percent of people in the United States support the renewable fuel standard (RFS) that
mandates production and blending of a certain amount of fuel from renewable sources, according to a
survey commissioned by the Renewable Fuels Association (RFA).

The Federal Railroad Administration (FRA) will propose a new rule requiring all trains carrying oil to be
crewed by at least two people, the agency announced Wednesday. The FRA also said it planned to
propose a rule on train securement and that the agency wanted a rulemaking on the movement of
hazardous materials in general.

One of the answers to that is likely to be energy storage, which means using batteries or other
technology such as flywheels to capture renewable energy and allow it to flow into the power grid as
needed.

Researchers at the Naval Research Laboratory (NRL) developed technology to extract carbon dioxide
from seawater while simultaneously producing hydrogen, and then converted the gasses into
hydrocarbon liquid fuel.

The developer of a proposed 25-megawatt wind farm off the coast of New Jersey yesterday appealed a
state agency's decision to reject the project. Cape May, N.J.-based Fishermen's Energy asked the state's
Board of Public Utilities to revisit what would be the first wind project built in state waters, about 3
miles from Atlantic City.

Federal regulators have issued four permits for oil and gas wastewater disposal wells in Pennsylvania in
the past six months, and those are unlikely to be the last. Industry groups and researchers are renewing
their efforts to find sites in the state where the salt- and metals-laden waste fluids produced from ever
more shale gas wells can be entombed deep underground.

Legislation intended to quickly add muscle into Massachusetts' greenhouse gas emissions reduction
program is drawing fire from both power producers and clean energy advocates because it would lock
the state into long-term hydropower contracts with Canadian utilities and hinder the state's homegrown
clean energy sector.

Mike Bloomberg, the United Nations special envoy on cities and climate, said U.S. tariffs on solar cells
are helping a handful of manufacturers more than the American public. The protectionist policies were
sought mainly by a small number of U.S. solar companies that are struggling to compete against Chinese
rivals, Bloomberg said.

India is slowly building upon its installed solar power capacity, thanks to the comprehensive and
ambitious National Solar Mission, state solar policies, and relatively increased enforcement of the
Renewable Purchase Obligation.

Climate news:

Can science tell us how much ethical responsibility different countries bear for combating climate
change? It's going to try. According to a draft of a forthcoming Intergovernmental Panel on Climate
Change (IPCC) report, ethics takes a front-and-center role in a forum traditionally reserved for exploring
scientific consensus.

A group of Senate Democrats is urging President Obama to approve the Keystone XL pipeline by the end
of next month, saying the process "has already taken much longer than anyone can reasonably justify."
The letter, spearheaded by Sen. Mary Landrieu (D-La.), who faces a tough reelection bid this year,
requests that Obama set a hard deadline for Secretary of State John Kerry to make his national interest
determination.

President Obama's nominee to lead the Environmental Protection Agency's clean air office will be
getting at least one "no" vote from a lawmaker who on Monday said he can't support someone who
accepts that climate change can aggravate extreme weather events.

Scheduled for release on Sunday in Berlin, Germany, the new Intergovernmental Panel on Climate

Change (IPCC) report will point to many possible ways-from burying greenhouse gases to going nuclear
to encouraging biofuel production-to save humanity from the ravages of climate change.

The drought that is withering vegetable and fruit crops in California may push up food prices more than
the dry spell that ravaged the Corn Belt in 2012, U.S. Agriculture Secretary Tom Vilsack said.

For the first time, San Diego County officials are including effects of climate change in their update of
the local Hazard Mitigation Plan. The region's 18 city governments, county and several fire protection
and water districts are joining to update the plan - with the public's input via this online survey.

The director and some cast members of "Sharknado 2: The Second One" appeared on stage in a
Pasadena hotel on Tuesday to preview the upcoming airborne shark sequel and touched on a very
serious topic: climate change.

With the Nobel Prize-winning Intergovernmental Panel on Climate Change preparing to release its longawaited report assessing options for fighting global warming, a fossil fuel industry-funded research
group made the case on April 9 that the phenomenon is actually beneficial to the planet.

In February 2013, the journal Frontiers in Psychology published a peer-reviewed paper which found that
people who reject climate science are more likely to believe in conspiracy theories. Predictably enough,
those people didn't like it.

Vast stretches of the Somerset Levels, an expanse of coastal plains and wetlands in southwest England,
have spent much of the winter underwater. At the peak of the crisis, some 11,500 hectares (28,420
acres) was submerged as violent storms brought "biblical" deluges week after week, for months on end.

The Norwegian government, seeking to sustain oil revenues that have fueled the country's prosperity,
has floated plans to let drillers push closer than ever to the ice cap -- only to run into the strongest
opposition yet. The uproar frames a larger and increasingly contentious fight over whether the Arctic
Ocean's mostly untouched oil and gas reserves can be safely or economically exploited.

The U.K. government said it's forming a "lab" to study ways to boost funding for climate-protection
projects, part of a United Nations-led effort to channel $100 billion a year into the industry by 2020.

Summer is just around the corner and, after a winter like this one, it's high time to start making those
vacation plans. Of course, our buoyant spirits were somewhat dampened by the latest U.N. climate
report. Spoiler alert, it wasn't real good, well, unless you're into horrific droughts, monster storms, heat
waves, mass extinctions, failing crops, dogs and cats living together, mass hysteria, in which case,
jackpot!

Environment & Health news:

In a letter to Obama on Wednesday, all eight Republicans on the Senate Environment and Public Works
Committee said the agency's proposed rule would hurt economic recovery and represents an overreach
of authority.

China plans to ban imports of coal with high-ash and high-sulfur content as the nation seeks to limit the
dirtiest fuels to fight pollution. The world's largest coal consumer will encourage imports of higherquality supplies, according to Ren Lixin, the head of the coal division at the National Energy
Administration.

A bill that would place a moratorium on the use of hydraulic fracturing, or fracking, in oil drilling in
California was approved by a state Senate panel on Tuesday.

The South Portland Planning Board on Tuesday endorsed a 180-day extension of the moratorium on tar
sands developments, which is set to expire May 5.

Those cutbacks - continuing a trend, the Center for Public Integrity found, that began in 2006 and
accelerated last year - mean the EPA will conduct thousands fewer inspections and evaluations each
year, and initiate and conclude thousands fewer judicial and administrative enforcement cases.

About the only thing former President Ronald Reagan doesn't have named after him is a mountain, not
one recognized by the federal government anyway.

Today, the U.S. Environmental Protection Agency (EPA) is hosting the "Advancing Sustainable Ports"
summit to mark the kickoff of a new EPA initiative to recognize ports that take action to improve
environmental performance. EPA will also award $4.2 million in grant funding for clean diesel projects at
six U.S. ports.

We already know that poverty and climate change are inextricably linked, and that poor communities
often bare the brunt of the other negative impacts of fossil fuel extraction. We, as environmentalists,
can't afford to ignore the issue of poverty, and we shouldn't assume that the policies we advocate for
are automatically benign in terms of their human-scale impact.

Walmart has recognized that 91 percent of its shoppers would be interested in purchasing organic

groceries if they were more affordable, and on Thursday the company announced that it's going to
finally give customers what they want -- a line of organic foods that costs the same as non-organic.

We recently found out that K-Cups, those single-serve thingers you use in your office's Keurig
coffeemaker, create so much trash that debris from the ones sold just in the last year would circle the
planet almost 11 times.

The oil industry has set its sights on this swath of the state, with a proposed drill site just 1,000 feet from
the Du rans' house. That would mean noise, dust and dozens of trucks passing each day. But the Du rans
are most concerned about their drinking water, which they fear could be poisoned by toxic waste from
the well.

Beijing artist Liang Kegang returned from a business trip in southern France with well-rested lungs and a
small item of protest against his home city's choking pollution: a glass jar of clean, Provence air.

A popular tourist town in western Puerto Rico has become the island's first municipality to ban plastic
bags. Rincon Mayor Carlos Lopez tells reporters that plastic bags have been affecting marine life at a
nearby reserve. He urged other municipalities to follow his lead.

Bond, Brian[Bond.Brian@epa.gov]; Rupp, Mark[Rupp.Mark@epa.gov]; Vaught,


Laura[Vaught.Laura@epa.gov]; Ganesan, Arvin[Ganesan.Arvin@epa.gov]; Gilinsky,
Ellen[Gilinsky.Ellen@epa.gov]; Stoner, Nancy[Stoner.Nancy@epa.gov]
Cc:
Purchia, Liz[Purchia.Liz@epa.gov]; Reynolds, Thomas[Reynolds.Thomas@epa.gov]
From:
Bittleman, Sarah (Wyden)
Sent:
Wed 3/26/2014 2:17:45 PM
Subject: FW: EPA's McCarthy to catch heat on waters rule
To:

From: POLITICO Pro [mailto:politicoemail@politicopro.com]


Sent: Tuesday, March 25, 2014 9:07 PM
To: Bittleman, Sarah (Wyden)
Subject: EPA's McCarthy to catch heat on waters rule

EPA's McCarthy to catch heat on waters rule


By Jenny Hopkinson
3/25/14 9:03 PM EDT
EPA Administrator Gina McCarthy should brace for tough questions about her agency's new
"Waters of the United States" rule when she appears before the Senate Environment and Public
Works Committee on Wednesday morning.
The 371-page
released jointly by the EPA and U.S. Army Corps of Engineers on
Tuesday, seeks to clarify which waterways are subject to Clean Water Act discharge permitting
requirements but promises to "not affect long-standing exemptions in the CWA for farming,
silviculture, ranching and other activities."
Regardless, some lawmakers, who McCarthy will face, are taking a dim view of the proposal.
They say it could significantly harm agriculture and other industries.
The rule "is a massive expansion of power over the nation's water resources," said Sen. Jim
Inhofe (R-Okla.), a senior member of the EPW committee, which is scheduled to talk about the
EPA's budget Wednesday. "The Clean Water Act is written to include only navigable waters,
but with this new rule, the agencies are giving themselves the authority to regulate everything
from the nation's largest rivers to small irrigation ditches found on family farms in Oklahoma."
Should the rule become final, "we should not underestimate the devastating impacts it could
have" on agriculture and industry, Inhofe added.
Likewise, despite the EPA' s assurances that it left farmers largely alone, some segments of the

agriculture industry are equally concerned.


"This is a step too far, even by an agency and an administration notorious for overregulation,''
said Bob McCan, president of the National Cattlemen's Beef Association, in a statement issued
today. "This proposal by EPA and the Corps would require cattlemen like me to obtain costly
and burdensome permits to take care of everyday chores like moving cattle across a wet pasture
or cleaning out a dugout. ... This proposed regulation and the burdensome federal permitting
scheme will only hinder producers' ability to undertake necessary tasks and, in tum, result in an
exodus of ranchers from the field."
The American Farm Bureau, meanwhile, is taking a wait-and-see approach.
"We will be looking it over,'' said Paul Schlegel, director of environment and energy policy for
the American Farm Bureau Federation. "I know they are indicating to people that they have
worked out certain exemptions for agriculture,'' but it is too soon to say whether they will be
genuinely effective.
"We are going to pay very close attention to what they've done."
Determining which bodies of water are subject to discharge permit requirements is an issue that
has long been mired in controversy due to 200 I and 2006 Supreme Court decisions that poked
holes in existing Reagan- and Bush-era policies. The just-proposed rule, McCarthy said in a
statement, is an effort to provide clarity to farmers, state regulators and other industries.
It calls for CW A permitting rules to apply to seasonal streams and wetlands near rivers and
streams. It also seeks to create a system that would allow officials to determine, on a "case-bycase" basis, whether upstream waters need to be regulated for their potential downstream effects.
"Let me put a finer point on this: If you're a pond or wetland, it's not enough to show that the
connection simply exists,'' McCarthy said. "You have to show that the pond or wetland, either
alone or in combination with similarly situated waters in the region, significantly affects the
alteration of physical, biological or chemical integrity of other jurisdictional waters that the
Clean Water Act was intended to protect. That's the direction established by the Supreme
Court."
What the proposal does not do, McCarthy asserted, is expand the Clean Water Act or take away
long-held exemptions for farmers.
The rule has been of concern to the agricultural industry because of the potential for it to expand
CW A jurisdiction to such water bodies as farm ditches and ponds, and extend permitting
requirements to, among other things, farmyard runoff and pesticide drift.
The EPA has long tried to
working with farmers and the Agriculture
Department to craft a measure that would not be overly burdensome. To detail some of those
protections for farmers, the EPA and the Corps included, along with its proposed rule, an
==~==-"-~==-"--"-=~="-"that, among other clarifications, states:

"Any normal farming activity that does not result in a point source discharge of pollutants into
waters of the U.S. still does not require a permit. The proposed rule preserves existing Clean
Water Act exemptions and exclusions for agricultural activities."
The proposal also exempts certain conservation activities from permitting requirements and has
the backing of the USDA.
"USDA encouraged EPA and the U.S. Army Corps of Engineers to support that good work
through the Waters of the U.S. proposed rule by preserving existing exemptions and exclusions
for agricultural activities and establishing new exemptions from permitting or notification for
more than 50 conservation practices, including fencing, habitat restoration and stream crossing,''
Agriculture Secretary Tom Vilsack said in a statement. "The proposed rule will not regulate
groundwater, tile drainage systems, nor will it increase regulation over ditches. It is important to
note that this is a proposed rule. USDA encourages stakeholders to provide feedback."
The EPA and the Corps will take comment during a 90-day period following the publication of
the rule in the Federal Register.
The detailed protections in the proposal are sitting well with the National Farmers Union, which
in a statement today lauded the EPA for clarifying long-standing policy and preserving existing
provisions for farmers.
"Today's ag-friendly announcement clearly indicates that NFU and other agricultural
stakeholders made their voices heard, and EPA took notice,'' said Chandler Goule, senior vice
president of programs for NFU. "I encourage EPA to continue to rebuild trust with the
agricultural community by withdrawing its proposal to reduce the Renewable Fuel Standard
targets."
Environmental groups are also backing the proposal, though they plan to raise issues with
provisions for the case-by-case determination of whether the rule applies to certain water bodies.
"I hope it's strengthened; as a rulemaking I think there is enough evidence out there" to expand
the rule to such water bodies, said Chris Espinosa, legislative representative on water issues for
Earthjustice.
What's more, the protections for agriculture come with little surprise, said Jon Devine, a senior
attorney at the Natural Resources Defense Council.
The rule "never threatened agriculture,'' Devine said. "Many of the exemptions that agricultural
discharges have are in the Clean Water Act themselves so EPA and the Corps cannot change
those, and the ones that are regulations, EPA and the Corps have reaffirmed what is already in
regulation."
The proposed rule also seeks to codify certain protections for agriculture that until now have just
been administration policy, Devine said, including exempting stockponds and crop irrigation

from CWA jurisdiction.


"Those are things that none of us ever really thought were 'Waters of the U.S.,' but this is going
to make sure it's the law of the land,'' Devine added. "If anything, the agencies are bending over
backward to ensure that agriculture can continue to operate as it has for many years before the
Supreme Court got involved and without the rash of regulations that people thought there might
be."
However, those arguments are unlikely to help McCarthy when she defends her budget and her
agency to GOP members of the committee. The committee has long been opposed to what they
see as the EPA' s overly burdensome regulations on industry and agriculture, and this rule seems
to be no different.
"The 'Waters of the U.S.' rule may be one of the most significant private-property grabs in U.S.
history,'' said Sen. David Vitter (R-La.), ranking member of the committee. "Today's rnle also
shows EPA picking and choosing the science they use. Peer review of the agency's connectivity
report is far from complete, and yet they want to take another step toward outright permitting
authority over virtually any wet area in the country, while at the same time providing a new tool
for environmental groups to sue private property owners."
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To:

From:
Sent:
Subject:

Allen, Kara[Kara.Allen@mail.house.gov]
Allen, Kara
Fri 3/21/2014 2:07:37 PM
SEEC Daily Clips 3.21.14

Sustainable Energy & Environment


Coalition
2

Top news stories:

The White House plans to press ahead with more executive actions to curb greenhouse gas emissions in
the coming weeks, including a government-wide strategy aimed at cutting methane emissions,
according to top Obama advisers.

The EU's 28 chiefs plan to ask the European Commission, the bloc's executive arm, to outline within
three months ways to diversify energy sources away from Russia, which is the main supplier of gas and
oil to Europe. The crisis in Ukraine, a transit country for Russian energy consumed by the EU, is set to
dominate a two-day meeting of prime ministers and presidents in the European Council.

Under pressure from shareholders, Exxon Mobil, the energy giant that built a fortune in fossil fuels, has
agreed to show how it plans to cope with the risks posed to its holdings by potential limits on
greenhouse gas emissions.

The fiscal 2015 proposal would provide $24.3 million to help states prepare for the climate rule offering $19.8 million in Clean Air Act grants for writing implementation plans and $4.5 million for
greenhouse gas permitting, including the collection of emissions data.

Energy news:

API has counted 205 representatives who have either signed letters or co-sponsored legislation to

reduce the amount of renewable fuels that refiners must blend or repeal the mandate altogether, said
Bob Greco, downstream group director at API.

You might expect the biggest lease owner in Canada's oil sands, or tar sands, to be one of the
international oil giants, like Exxon Mobil or Royal Dutch Shell. But that isn't the case. The biggest lease
holder in the northern Alberta oil sands is a subsidiary of Koch Industries, the privately-owned
cornerstone of the fortune of conservative Koch brothers Charles and David.

Sen. Mary Landrieu (D-La.), the chairwoman of the Energy and Natural Resources Committee, will lead a
hearing next week about the implications of exporting natural gas for jobs and international relations.

Federal judges wrestled today with a series of complex challenges to a major Federal Energy Regulatory
Commission order aimed at increasing regional coordination in transmission grid planning.

If a wind turbine pops up in your backyard - even if you live in a booming urban area the value of your home that much, a new report has found.

it won't affect

There was an era when putting solar panels on your roof was a time- and money-sucking hassle on par
with remodeling your kitchen. But the cost of going solar has been dropping fast. The latest signal of the
industry's move into the mainstream came last week, when Oakland-based SolarCity announced it
would begin to sell solar systems out of Best Buy, alongside big-screen TVs and digital cameras.

British scientists at the National Physical Laboratory this week created organic photovoltaics, which not
only sound delicious but perform better in diffuse light. According to PSFK, they're 13 percent efficient
when it's overcast, compared to 10 percent when it's sunny.

The cost of ultra efficient LED lamps will more than halve by the end of the decade, and their efficiency
almost double, the US Department of Energy said on Wednesday.

To help wave and tidal energy take off, the Department of Energy (DOE) is turning to computer coders
for help. Unlike hydropower, there are hundreds of potentially viable technologies in this emerging
industry - that captures energy from waves, tides and currents in rivers and oceans - which have to be
evaluated on their technical and economic viability.

In its final strategy, the California Public Utilities Commission (CPUC) sticks to "preferred resources" to
provide much of the electricity to the Los Angeles/ San Diego area: energy efficiency technologies such
as demand response, upgrades to the grid, energy storage and renewable energy.

Gov. Paul LePage used a meeting of clean-tech business leaders on Thursday to attack Maine's "green"
energy policies that he said bear responsibility for the loss of manufacturing jobs in the state.

To power his plans for Japan's economic revival, Prime Minister Shinzo Abe could soon return his nation
to nuclear power for the first time since the Fukushima accident three years ago. But before he can, he
will need the consent of the remote towns like this one that host Japan's idled nuclear plants.

Climate news:

The group, the Natural Resources Defense Council, which has had a strong voice in efforts to shape
President Obama's climate change agenda, sent the Environmental Protection Agency a proposal that it
contends will lead to cuts of 470 million to 700 million tons of carbon pollution per year in 2020, the
equivalent of emissions from 95 million to 130 million automobiles.

Spring is finally - finally - here. That word is music to the ears of those in the eastern United States
who are ready to thaw out from the frigid winter. But that thaw could bring flooding to parts of the
Midwest and the northern Plains, the National Oceanic and Atmospheric Administration said in its
official spring outlook, released Thursday.

While most scientists believe the burning of fossil fuels is to blame for climate change, the U.S.
Department of Energy's top coal official suggested March 19 that a new "era of fossil energy
abundance" could actually help the world combat the problem.

Australia's environment minister announced Tuesday that farmers could start applying for payments for
soil carbon storage in July. The government considers the replenishment of carbon in soil to be one of
the cheapest and best ways of reducing the country's greenhouse gas emissions - although federal
scientists recently concluded that it could only provide "low levels of greenhouse gas abatement."

The state's new draft Hazard Mitigation Plan, which the New Jersey Office of Emergency Management
released on March 11, includes a section on climate change impacts. It notes that the state has seen an
increase in average annual temperatures of 1.2 degrees Fahrenheit (above the baseline average
between 1970 and 2000), and anticipates that the average annual temperature in the state will increase
of 3 to 5 degrees above that baseline by 2050.

Climate change may be stunting fish growth, a new study has said. Fish sizes in the North Sea have
shrunk dramatically, and scientists believe warmer ocean temperatures and less oxygenated water
could be the causes.

For the rare person who already lives car-free in a city such as San Francisco, a cab ride or car rental
might actually increase their carbon footprint. But the vast majority of American households do own
cars. For any city as a whole, more car-sharing and cab apps will actually mean less driving and lower
carbon emissions.

Americans for Prosperity - the group backed by David H. and Charles G. Koch that has been pouring
millions of dollars into competitive Senate races to the rising alarm of Democrats - was also among the
politically active groups on the ground in this month's special House election on Florida's Gulf Coast.

Environment & Health news:

BP Pie (BP/)'s bids for its first new U.S. offshore leases in two years aren't expected to add any barrels of
production until the middle of the next decade.

Environmental regulators in North Carolina have cited the country's largest energy company for
dumping millions of gallons of wastewater from coal ash ponds into a public waterway. The company
could face $2. 75 million in fines if the allegations are confirmed.

Anadarko Petroleum Corp. (APC) officials urged BP Pie (BP/) to drill deeper into the Gulf of Mexico well
that caused the worst offshore oil spill in U.S. history even after BP warned that doing so would be
unsafe.

Of the 48 poorest countries, eight were among the top 10 in assistance received over the last six years,
which isn't enough, said Barbara Frost, chief executive officer of the London-based organization. About
768 million people worldwide don't have safe water to drink and 2.5 billion of Earth's 7 billion lack
proper sanitation.

The head of a federal agency that investigates health problems linked to toxic-waste sites has stepped
down after a clash with former Marines who believe their families were harmed by poisoned drinking
water at Camp Lejeune.

After countless marches, arrests, Congressional votes, and editorials, the five-and-a-half year battle over
the controversial Keystone XL pipeline is nearing its end. If a recent ruling in Nebraska doesn't delay the
decision further, America could find out as soon as this spring whether or not the pipeline, which has
become a focal point in America's environmental movement, will be built.

According to a new Oceana report, United States fisheries discard about 17 percent to 22 percent of

everything they catch every year. That amounts to a whopping 2 billion pounds of annual by-catch -injured and dead fish and other marine animals unintentionally caught by fishermen and then thrown
overboard. This includes endangered creatures like whales and sharks, as well as commercially viable
fish that may have been too young or too damaged to bring to port.

Earlier this week, with the city shrouded in unusually toxic smog, Paris tried a tactic unheard-of in U.S.
cities to at least temporarily clear the air. It announced plans to ban tens of thousands of cars from city
streets - the even-numbered license plates on Monday, the odds on Tuesday.

A former Environmental Protection Agency official who pleaded guilty last year to bilking the agency led
efforts to write major air quality regulations, according to a report released Thursday by Senate
Republicans.

A Colorado proposal to commission a new study about the health effects of drilling on the Front Range
sparked strong emotions Thursday in its first legislative hearing.

To:
From:
Sent:
Subject:

Vaught, Laura[Vaught.Laura@epa.gov]
Marohl, Chris
Tue 7/1/2014 8:15:34 PM
Rep. Cramer RFS Letter to Admin. McCarthy

Laura, please see attached letter sent to Administrator McCarthy today from
Congressman Cramer. Thanks. Chris

Chris Marohl
Legislative Director
Congressman Kevin Cramer (ND)
1032 Longworth HOB
202-226-6182 (Direct)
202-225-2611 (Office)

1,2014
Gina
Administrator
US Environmental Protection

NW

In November and December of


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government remain in close communication with the


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involved articulate their

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Our renewable fuel
to

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in an efficient and time-effective manner,


fate a number of
variables when
ag<:1R.u:, shouldn't be one of them.

how much

the Renewable Fuel Standard


the EPA has exhibited a
process. As you
the finalization of the Renewable Volume
rule
November 30th of the
year. Last year, the EPA failed to finalize the RVO until
months after the
w~- . . . .~~ . ."

date. This year has not been much better. The announcement of further
the 2014 RVO past the
announced
20th date is yet another
of
on the part of the EPA. Our
deserve
to know the details of rules in a reasonable amount of time before
to meet
rather than after the
over.
year 1s

Thank you for your attention to this message. Don't hesitate to call on me if I can be of assistance.

Kevin Cramer
Member of '--'-'ll~~n::

To: Interested Parties


Date: March 26, 2014
Re: Stakeholder Statements - Waters of the US

Industry/Agriculture/Developers/Business
National Farmers Union I Chandler Goule, National Farmers Union (NFU) senior vice president of
programs
"NFU has long advocated for increased certainty surrounding Clean Water Act requirements for family
farmers and ranchers in the wake of complicating Supreme Court decisions. Today's draft rule clarifies
Clean Water Act jurisdiction, maintains existing agricultural exemptions and adds new exemptions, and
encourages enrollment in U.S. Department of Agriculture conservation programs. "In addition, farmers
and ranchers who are voluntarily enacting certain conservation practices on their farms will be exempt
from Clean Water Act Section 404 permitting requirements." "Today's ag-friendly announcement clearly
indicates that NFU and other agricultural stakeholders made their voices heard, and EPA took notice. I
encourage EPA to continue to rebuild trust with the agricultural community by withdrawing its proposal
to reduce the Renewable Fuel Standard targets."
3/25/2014]

North Carolina Wildlife Federation

I Tim Gestwicki, CEO

"This is a huge step forward for protecting our waters and wildlife. We simply cannot protect our rivers,
lakes, and bays without protecting the many small streams and wetlands that feed into them." "The
proposal clarifies which waters are-and which are not-protected by the Clean Water Act. It will
protect many streams and wetlands that are currently in legal limbo. The rule also specifically excludes
many man-made ditches, ponds, and irrigation systems and honors the law's current exemptions for
normal farming, ranching, and forestry practices." "From mountain trout anglers, to piedmont bass
enthusiasts and duck hunters in eastern NC, this is a critical step towards protecting our sporting
heritage and our outdoor future."
3/24/2014]

Center for Rural Affairs I John Crabtree, CEO


"Rural America - and the family farmers, ranchers and small towns therein - are the tip of the spear in
protecting the quality of the water of the United States," said John Crabtree of the Center for Rural
Affairs. "The proposed rule is a commonsense effort to clear the regulatory waters, protect the quality
of the nation's surface waters, and provide an environment in which economically vital activities such as
hunting, fishing and birding as well as farming and ranching can both thrive and contribute to a better
quality of life and safer drinking water for those of us that live here, and also for our neighbors
downstream." [Press Release, 3/24/2014]

American Sustainable Business Council (ASBC)

I Richard Eidlin, Co-founder and Policy Director

"In a statement, ASBC said it supports the proposed rule because it will give the business community
more confidence that streams and rivers will be protected, and provide a consistent regulatory system
based on sound science. The following may be attributed to Richard Eidlin, Co-founder and Policy
Director for ASBC: American business has always depended on the availability of clean water for its
success, and EPA's regulation in this area historically has been a prime example of the vital partnership
between business and government. Whether a company is a food producer, a high tech manufacturer of
silicon wafers, outdoor recreation guide or a beer manufacturer, businesses rely on clean water to
produce high quality and safe products. Ever since the passage of the Clean Water Act in 1972, the EPA
has been charged with ensuring that our water supply remains safe. Today, we applaud the EPA for

taking steps to clarify that small streams, wetlands and other tributaries are protected by the Act.
Degradation and loss of wetlands or small streams can increase the risk of floods there by threatening
businesses. Moreover, dirty, polluted water creates unnecessary and sometimes very difficult economic
challenges for communities and businesses alike. Today's action by the EPA is good for the environment
and good for business."
3/25/2014]

Rocky Mountain Farmers Union

I Kent Peppler, President

"There is no disagreement among America's ranchers and farmers that clean water is critical to our
ability to produce food and fiber for the nation. Members of the Rocky Mountain Farmers Union want to
promote stewardship of land and water resources and deliver safe, healthy food to consumers.
However, we need to avoid unduly burdening America's small producers with unnecessary regulation
and oversight. For that reason, we appreciate and support your efforts to ensure the proposed Clean
Waters of the U.S. ruling clearly excludes many upland ditches, ponds, and irrigation systems, effectively
preserving existing farming and forestry exemptions. This balanced approach provides greater long-term
certainty for landowners, and will continue to protect streams, wetlands and other sources of our water
supplies. Thank you for continuing to work with farmers and ranchers to conserve our way of life."
[Letter, 3/26/2014]

Land Stewards
"The undersigned Western ranchers and farmers are writing in regards to the Environmental Protection
Agency's recent decision clarifying "Waters of the U.S." (WOTUS) provisions of the Clean Water Act. We
believe that a clearer definition of WOTUS was long overdue, and we appreciate your leadership in
crafting guidance that works for agriculture, industry, local communities and the environment. Thank
you for striking a common-sense balance in the proposed rule by clarifying the definition for WOTUS
and maintaining critical exclusions for agriculture. As ranchers and farmers, we are not only tasked with
providing America's food, fiber and fuel, but to do so in a forward-thinking, sustainable manner. We
believe that farmers and ranchers are America's original conservationists, focused not only on producing
our livelihoods from the land year in and year out, but in doing so in a manner that also ensures our
natural resources will be there in the future." - John Kretsinger, KW Farms; John Rueb, Forever Yong
Farms; Bill Eikenberry, Eikenberry Ranch; Rich Kaup, Lonesome Creek Ranch; Connie Harvey, Harvey
Ranch; Jim McManus, Walking J Farm; Tim Kinney, Red Mountain; Wes Mcstay, Mcstay Ranch; and
Marcia Litsinger, Churchill Butte Organics. [Joint Letter, 3/26/2014]

KW Farms

I John Kretsinger

"I was happy to see the EPA and USDA finally clarify the 'Waters of the U.S.' provision. Although the
livelihoods of every farmer and rancher depend on clean, abundant water supplies, we can't operate
under regulations that aren't clear, or that are overly burdensome. The government got it right this
time."
3/26/2014]

Forever Yong Farms

I John Rueb

"As a farmer in the arid West, it was good to see the EPA's long-overdue clarification. A vast majority of
our streams and rivers in Arizona are seasonal and rain-dependent, and it's important that these water
resources aren't ignored. This new ruling balances overdue water protections and with protection."
L!:L.t::~~~, 3/26/2014]

Troublesome Creek Ranch

I Rich Kaup

"Our ranch is actually at the headwaters of a creek, so we see firsthand how what happens here affects
all others downstream. I'm glad to see this clarification by the EPA take basic water dynamics and

Eikenberry Ranch

I Bill Eikenberry

"Ranchers and farmers are inherently connected to land and water, counting on reliable water
resources daily for our livelihoods. Therefore we appreciate more than most balanced water policy that
both protects our water and also makes it possible to farm. I believe the EPA's new ruling represents
3/26/2014]
common-sense balance between the two."

New Belgium Brewing Company, Fort Collins, CO

I Andrew Lemley, Government Relations Director

"On behalf of the employee owners at New Belgium Brewing and our Alternatively Empowered culture,
we offer a toast to 40 great years of the Clean Water Act and to the EPA and Obama Administration's
leadership to make sure our water -- and our beer -- continues to be of the highest quality. We are
thrilled for these incremental protections announced today that will help improve whole system
watershed health."

Cornucopia, Charleston, WV

I Nancy Ward, CEO

"As a small business owner who personally experienced the negative economic impact of a recent
chemical spill in West Virginia's Elk River, I know how crucial it is for strengthening EPA regulations to
protect our waterways."

King Arthur Flour Company, Norwich, VT

I Suzanne McDowell, VP of Human Resources

"Water is quite literally the main ingredient for the foods we eat, and it is also central to the daily
operations of our business. Clean and protected water thus couldn't be more important to King Arthur
Flour and our commitment to healthy foods and a healthy planet."

Chefs for the Marcellus

I Hilary Baum, Director

"Protection of small streams and wetlands is critical for maintaining the health of our food supply,
communities, and businesses dependent on clean water. Used for livestock and crop irrigation
upstream, and in food production, breweries, home kitchens and restaurants further down, the
incalculable economic and social value of unpolluted water requires more than adequate safeguards and
protections for a strong economy."

Environmental/Conservation Organizations/Hook & Bullet


Hispanic Access Foundation

I Maite Arce, President

"Water is the lifeblood of our environment and as demands grow we need to be vigilant in protecting
against pollution and keeping our ecosystems intact. Our river systems are an integral part of our
Hispanic heritage and way of life. It's our moral obligation to conserve the landscape, rivers, wildlife and
natural historical places for future generations. This rule change will strengthen the protection of our
nation's streams and wetlands, which in turn supports tourism and agricultural industries. Families,
anglers, hunters, recreationist and even businesses depending upon reliable water supplies will benefit
from this proposal. Clean water is essential for everyone, but Hispanics face disproportionate health
hazards largely due to poor environmental health. Greater protections for our nation's water systems
will help address some of the larger health issues that affect our community as a whole." ,,,_,_=~===
3/25/2014]

Natural Resources Defense Council

I Peter Lehner, Executive Director

"This is good news for boaters, anglers, swimmers and families who rely on clean drinking water. EPA

took an important step to finally rescue these waters from legal limbo. Even though these are commonsense protections, the polluters are sure to attack them. People who care about clean water need to
make their voices heard in the comment period."
3/25/2014]
NRDC Biogs by
& _ _ __

Ducks Unlimited I Dale Hall, CEO


"The release of the draft rule gets us one step closer to better defining Clean Water Act regulations in
regard to wetlands," said Ducks Unlimited CEO Dale Hall. "We are also pleased with the open process
EPA has adopted, which invites the public, Congress and all interested parties to participate in the
discussion. EPA's draft science report last year showed many categories of wetlands, including prairie
potholes, may be geographically isolated but are still connected to, and have a significant impact on,
downstream waters.
3/25/2014]
Trout Unlimited I Chris Wood, President and CEO
"Today's proposal speaks to the heart of the Clean Water Act-making rivers more fishable and
swimmable," said Chris Wood, president and CEO of Trout Unlimited. "The waters affected by today's
proposal provide vital spawning and rearing habitat for trout and salmon. Simply stated, the proposal
will make fishing better, and anglers should support it. Restoring protections to these waters ensures
healthy habitat for fish and a bright future for anglers."
3/25/2014]
Environment America I Margie Alt, Executive Director
"Whether we look back to the recent spill in West Virginia that left 300,000 people without drinking
water or ahead to the dead zones that will blight Lake Erie and the Chesapeake Bay this summer, it's
obvious that our waterways are not as clean or safe as we need them to be - for our drinking water, for
recreation, or for the health of our ecosystems and wildlife," said Margie Alt, executive director of
Environment America. "Today's action by the EPA will help ensure that all our waterways get the
protection they need so we can enjoy them for years to come." "When finalized, this rule will be the
biggest step forward for clean water in more than a decade," said Alt. "Thank you, Administrator
McCarthy and all the staff at the EPA, for fighting to protect clean water. We look forward to working
with you to get the job done."
3/25/2014]
American Rivers I Bob Irvin, President of American Rivers
"What happens in small streams and wetlands upstream affects the health of our rivers and the
communities that depend upon them downstream," said Bob Irvin, President of American Rivers. "The
proposed rule released today by the Environmental Protection Agency relies on sound science to clarify
the scope of protections under the Clean Water Act for these critical upstream waters that contribute to
our drinking water supplies and protect us from flooding. This is an important step forward to better
protect and restore our nation's rivers." While these clarifications are an important step forward,
American Rivers will continue to urge the Administration to go further to restore historical protections
under the Clean Water Act through the public comment process"
3/25/2014]
Clean Water Action I Bob Wendelgass, Clean Water Action President and CEO
"These small streams are critical to the health of drinking water sources for nearly one third of all
Americans" said Bob Wendelgass, Clean Water Action President and CEO, "The rule proposed today is
clear, concise, and well supported by both the law and science. It's long overdue - Congress protected
these vital resources when the landmark Clean Water Act passed in 1972 and these protections were
wrongly revoked 12 years ago. This proposal, when finalized, will go a long way toward restoring
protections and reflecting the way that water works in the real world."

League of Conservation Voters I President Gene Karpinski, CEO


"This is an important step forward for restoring the true scope of the Clean Water Act and protecting
our nation's waterways. This rule will protect vital streams and wetlands that provide drinking water for
over 117 million Americans, filter pollution, and reduce the impacts of flooding and erosion. This comes
on the heels of President Oba ma's designation of the Point Arena-Stornetta Public Lands as a National
Monument and the continued implementation of his Climate Action Plan, and further demonstrates his
strong commitment to protecting our environment and our health." [Press Release,3/25/2014]
Theodore Roosevelt Conservation Partnership I Whit Fosburgh TRCP President and CEO
"Several leading sportsmen's organizations - the '-"-'=="'-'-'-'-'.-'-"~!-'h~=:::o..:_====, ="-=:::::.L

the release of the proposed rule, saying that it would better protect important habitats for fish and
wildlife." "We are pleased the administration has taken this crucial step to provide clarity and certainty
to landowners, conservationists and businesses regarding waters of the United States," said TRCP
President and CEO Whit Fosburgh. "Long overdue, this action restores some - but not all - Clean Water
Act protections to these critical resources, conserving healthy habitat, upholding water quality and
supporting the sporting traditions that tens of millions of Americans enjoy."
3/25/2014]
American Fly Fishing Trade Association I Ben Bulis, President
"The economic benefits to the United States from these wetlands and streams are staggering. For
example, direct spending on hunting and fishing totals $86 billion each year in the United States, which
ripples through the economy, generating $200 billion in total economic activity annually." [Press
Release, 3/25/2014]
Wildlife Management Institute I Steve Williams, President
"In a measured response to the Supreme Court's decisions, the proposed rule will provide the clear
direction necessary to conserve the nation's wetlands and streams. In addition, it provides practical and
necessary exclusions for farming and forestry activities. The rule recognizes the essential value of clean
water for our nation's citizens and our fish and wildlife resources." [Press Release, 3/25/2014]
TRCP I Jimmy Hague, Center for Water Resources Director
"All sides of this debate and the Supreme Court have said a rulemaking is necessary to give regulators
and the regulated community certainty as well as fulfill the Clean Water Act's goal of ensuring fishable
and swimmable waters. Now that the proposed rule is public, we can finally have this discussion based
on fact and go about the process of restoring Clean Water Act protections to waters upon which
America's hunters and anglers rely." [Press Release, 3/25/2014]
Berkley Conservation Institute I Jim Martin, Conservation Director
"We are glad to have the Clean Water Act protections for our lakes, rivers and streams clarified to end
the confusion. It simply makes no sense for the taxpayers to pay millions to clean up waters that were
polluted, flooded and damaged when it makes the most sense to protect them in the first place." [Press
Release, 3/25/2014]
Izaak Walton League of America I Scott Kovarovics, Executive Director
"The Corps and EPA are proposing balanced, science-based policy to restore essential protections for

streams, wetlands, and other waters," said Scott Kovarovics, Izaak Walton League Executive Director.
"The proposal will better protect streams that provide drinking water to 117 million people and help
conserve streams and wetlands that are vital to a vibrant outdoor recreation economy." '-'-'-~::;_;,_;===,
3/25/2014]
"The proposed rule takes a moderate approach - based on the best available peer-reviewed scientific
evidence - that falls within the limits of the Supreme Court decisions. It preserves the existing
exemptions for farming, forestry, mining and other land use activities, such as the exemption in the
existing regulation for many wetlands converted to cropland prior to 1985, as well as exemptions
written into the Clean Water Act itself that cannot be changed by administrative action." [TRCP Press
Release, 3/25/2014]

Clean Water Action I Minnesota Center For Environmental Advocacy I Minnesota Conservation
Federation I Minnesota Trout Unlimited I Izaak Walton League I Minnesota Environmental
Partnership
State conservation groups strongly support a new federal rule, announced today by the Obama
Administration, which aims to better protect U.S. waters from pollution and destruction, including those
in Minnesota. "This rule will benefit millions of people across the country and in Minnesota," said Darrell
Gerber, Program Coordinator, Clean Water Action. "The rule removes confusion over which streams and
wetlands are covered by the Clean Water Act due to polluter friendly court decisions and subsequent
Bush administration policies. It's good for our environment, economy, and quality of life." [Press
Release, 3/25/2014]
National Wildlife Federation I Larry Schweiger, President and CEO
"This is a huge step forward for protecting America's waters and wildlife. You cannot tear out a tree's
fine roots and expect it to survive. The streams and wetlands protected by this rule supply drinking
water to more than one-third of all Americans. Our rivers, lakes, and bays will be cleaner and healthier
once this rule becomes the law of the land. "This proposal clarifies which waters are-and which are notprotected by the Clean Water Act. It will protect streams and wetlands that are currently in legal limbo.
The rule also specifically excludes many man-made ditches, ponds, and irrigation systems and honors
the law's current exemptions for normal farming, ranching, and forestry practices. "Our only
disappointment is that the proposal stops short of restoring full protections for many wetlands
important for wildlife, such as prairie potholes, Carolina bays, vernal pools, and playa lakes. We look
forward to making the legal and scientific case for protecting these waters during the comment period
to come."
3/25/2014]
National Wildlife Federation I Joshua Saks, Legislative Director
"Since 2006, what is and isn't covered by the Clean Water Act has been under dispute. Our sportsmen
have been waiting for new regulations for years. Now the EPA and Army Corps will be able to help
preserve wildlife and fishing habitats which have been endangered."
3/25/2014]
Outdoor Alliance member American Whitewater I National Stewardship Director Kevin Colburn
American Whitewater's National Stewardship Director Kevin Colburn explained that one of the most
important aspects of the proposed rule is that it confirms that the Clean Water Act applies to headwater
streams and related wetlands. "The recreational, ecological, and economic benefits of clarifying Clean
Water Act protection for headwater streams are enormous," said Colburn. "The new rule will protect
the quality of water in our taps, flowing through our communities, and under our boats. The nation's

headwater rivers and streams are particularly important in providing clean cold drinking water for
millions of Americans. These same streams offer world-class recreation opportunities that improve the
quality of life and economic viability for countless communities. Kayakers and rafters spend more time
in direct contact with headwater streams than just about anyone, which makes water quality very
important to paddlers, Colburn explained. "This initiative promises to protect the safety of our rivers for
paddling, fishing, swimming, and even just dipping your toes in."
l~~~~, 3/25/2014]

Earthjustice

I Chris Espinosa, Clean Water Legislative and Policy Advocate

"The Waters of the U.S. rule will restore Clean Water Act coverage to many of our nation's water bodies,
ensuring that families, anglers, and recreationalists who value and rely upon safe and clean water can
know that their waters are protected. The rule will also provide certainty to small businesses, ranchers,
and farmers who, like all of us, rely on clean water supplies to thrive in their enterprises. The draft rule is
a positive step forward in making sure that clean water is able to be enjoyed by all for many generations
to come."
3/25/2014]

Earthjustice

I Trip Van Noppen, President

"We applaud the EPA for proposing a rule that would reinstate clean water protections for streams and
wetlands that supply the drinking water of 117 million Americans. Unfortunately, for the last decade
while these protections have lapsed, we have seen the consequences of not protecting our waters.
Today, more than 55 percent of our rivers and streams are in 'poor' condition, considered unfit for
drinking, swimming, or fishing. As the West Virginia chemical spill shows, the cost of not having clean
water is too great a price to pay. The EPA's new Clean Water Act rule finally restores protections so that
we can begin the hard work of cleaning up our waters for our children to swim in, fish in, and drink
from. No doubt, polluters will rail and lobby against this rule and any other clean water safeguards that
keep them from dumping their toxic waste in our communities and waters, or that hold them
accountable for their pollution. We cannot back down on protecting the waters that eventually flow
through our faucets. Our children, our health, and our very drinking water are at stake. We urge the
Obama administration to resist the polluter lobbies and quickly move forward in protecting our
waterways and our families."
3/25/2014 "Today's long-overdue EPA rule finally clears up all the confusion left by these two court rulings, and it
restores protections that were stripped away by the Bush policies. It is based on over 1,000 independent
peer-reviewed scientific studies that show what is commonly known: Our waters are connected.
Polluters and their friends in Congress will cry that this amounts to government overreach -- that the
EPA wants to regulate the puddles at the end of our driveways. But this isn't about puddles; it's about
protecting the critical sources of our drinking water. It's about ensuring that our children can swim in
our rivers and fish in our creeks. And it's about saving the wetlands that serve as a sponge, a pollutant
filter, and natural flood protection for our communities downstream. We cannot back down on
protecting the waters that eventually flow through our faucets. Our children, our health, and our very
drinking water are at stake. We urge the Obama administration to resist the polluter lobbies and quickly
move forward in protecting our waterways and our families."
3/25/2014]

Choose Clean Water Coalition

I Jill Witkowski, Director of the Choose Clean Water Coalition

"With this rule, everyone-including those wishing to develop in and around these waters-will have a
much clearer picture of what they can and can't do under the law," says Jill Witkowski, director of the
Choose Clean Water Coalition. "With recent events in several states, it is very clear that we must do a
better job of protecting our drinking water sources. This rule is a crucial piece of the puzzle."

Warren Singer I Louisiana National Wildlife Federation


"The intent of the proposed Rule is to protect the nation's headwaters, which will be a tremendous gain
for our nation in whole, and Louisiana in particular as we are the drain for this huge mid-continent
bathtub that carries 1/3 of the nation's runoff to the sea."
BlueGreen Alliance I Executive Director David Foster
"The Clean Water Act is a quintessential environmental law that will be made even better by proposed
protections for one of our most precious natural resources. Closing the gaps in these protections will
safeguard hundreds of thousands of miles of streams and millions of acres of wetlands that are vital to
the overall health of America's waterways. We're glad to see that millions of environmental,
community, public health, labor, and business voices to protect clean water have been heard. It's never
been more important to employ common-sense tools like this so that we can protect public health and
the environment and strengthen the economy. We look forward to working together to see this
important rule through to finalization."
3/25/2014]
Jessica Eckdish I Sierra Club
" ... The Sierra Club applauds the Obama administration for this effort to restore a common-sense
approach to protecting our nation's lakes, rivers, and streams. Clean water is an undeniable necessity for
the enjoyment of these resources - not to mention the health of our families, our environment, and our
economy. As the Environmental Protection Agency and U.S. Army Corps of Engineers have recognized
with this rule, ensuring the protection of water bodies upstream is vital to keeping pollution out of our
waters downstream ... "
3/25/2014]
Bull Moose Sportsmen's Alliance

I Gaspar Perricone, Director

"The recent action will provide protection for the waters that wildlife depend on and that sportsmen
enjoy," said Gaspar Perricone, Director of the Bull Moose Sportsmen's Alliance. "We are pleased that
the draft rule provides a framework to start restoring critical water sources and quality and in a manner
that protects agricultural practices and private lands."

3/26/2014]

Bass Anglers Sportsman Society I Jimmy Hague, Director of the Center for Water Resources
"Mr. Kopocis's most important message to summit participants? The draft rule won't be perfect when it
is released for public input. Bass fishermen - and sportsmen of all stripes - will have valuable advice for
how to improve the rule, and the EPA will want to hear it - and needs to hear it! This is a once-in-ageneration chance to restore Clean Water Act protections to waters sportsmen care about the most. As
such, the TRCP will be facilitating sportsmen comments on the rule after it is released."

'-'-'-~;;_;,_;_~=:::.,

3/26/2014]
Dr. Dorothy Boorse I Professor of Biology at Gordon College
"There is no disagreement among America's ranchers and farmers that clean water is critical to our
ability to produce food and fiber for the nation. Members of the Rocky Mountain Farmers Union want to
promote stewardship of land and water resources and deliver safe, healthy food to consumers.
However, we need to avoid unduly burdening America's small producers with unnecessary regulation
and oversight. For that reason, we appreciate and support your efforts to ensure the proposed Clean
Waters of the U.S. ruling clearly excludes many upland ditches, ponds, and irrigation systems, effectively

preserving existing farming and forestry exemptions. This balanced approach provides greater long-term
certainty for landowners, and will continue to protect streams, wetlands and other sources of our water
supplies."

Faith-Based Community
Evangelical Environmental Network

I Rev. Mitch Hescox President & CEO

"We are thankful that


have worked together to propose a
new rule that clarifies the protection needed to ensure pure water, defend our children's health, and
codify exemptions that have long applied to farmers. There are simply too many stories like a crude oil
spill in Texas that fouled drinking water, 5000 gallons of oil spilled into a stream in Denver, or livestock
waste in Georgia polluting a local lake. Each of the above and many more were never enforced because
of confusion created."[Press Release, 3/25/2014]

Government
U.S. Senator Barbara Boxer, D-CA, Chair of Senate Environment and Public Works
"I am so pleased that the EPA and Army Corps are taking important steps to provide certainty and clarity
to ensure that our wetlands and streams are protected. Communities and businesses depend on a safe
water supply, and the proposed rule will provide the consistency and predictability that is needed to
safeguard the nation's water resources."
3/25/2014]

U.S. Senator Sheldon Whitehouse, D-RI


"We all have a stake in ensuring that our nation's waters remain clean and safe. What happens
upstream affects drinking water supplies and coastal waters, like Rhode Island's Narragansett Bay. The
Clean Water Act was passed in 1972 with broad bipartisan support; however, Supreme Court decisions
have resulted in conflicting determinations about what waters are covered by the Act. The proposed
rule announced today will reduce the case-by-case application of the Clean Water Act that costs
regulators and industry time and money. I support the EPA's effort to reduce the frustration that has
resulted from unclear jurisdiction of the CWA and applaud them for working with both the U.S. Army
Corps and U.S. Department of Agriculture to craft this rule."
3/25/2014]

Twitter

EPA's proposal would protect drinking water of 117 million Americans, but conservatives have
other priorities in

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New rule proposed clarifying Clean Water Act- "could particularly shield water sources in the

Like clean water? Good news - the Obama Admin is acting to restore Clean Water Act Protections
to streams &

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Our proposed rule clarifies the protections for clean water and will help keep our communities
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Grateful for leadership

Additional Amplification

March 25, 2014


Contact: Katie McKalip, 406-240-9262, ~~~~~~~-"'
Jimmy Hague, 202-639-8727, ext. 15, Jlli!gY~mJ~~

Clean Water Rule


Proposed rule restores Clean Water Act protections for waters, valuable fish and wildlife habitat

WASHINGTON - Today, the U.S. Army Corps of Engineers and Environmental Protection Agency
jointly released a proposed rule that would clearly define which streams and wetlands are
protected by the Clean Water Act.
This action would begin restoring longstanding protections to many of the nation's wetlands,
streams and lakes, conserving critical fish and wildlife habitat and providing flood control, drinking
water and a host of other benefits.
Together with administrative guidance issued in 2003 and 2008, two Supreme Court decisions in
the 2000s removed Clean Water Act protections for at least 20 million acres of wetlands,
particularly prairie potholes and other seasonal wetlands essential to waterfowl populations
throughout the country. Intermittent streams that provide critical habitat for fish, especially trout,

and feed the public drinking water systems for more than 117 million Americans also were put at
increased risk of pollution and destruction.
Hear from a range of experts how today's announcement will address these problems and protect
our nation's waters and wetlands.
Who:
John Crabtree, Media Director, ~~~""-'-~~222~~
Rev. Mitch Hescox, President and CEO,~=~~~~~~~~~=~~
Charlie Johnson, Organic Farmer, The Johnson Farm
Bryan Simpson, PR Director, ~~=~=~~~~=~=4Chris Wood, President and CEO,~~~~~~
Moderator: Whit Fosburgh, President and CEO,""-===~~~~=-"~=""-"-'=~"-=~~==~
When: Tuesday, March 25, at 12:45 p.m. EDT/11:45 a.m. CDT/10:45 a.m. MDT/9:45 a.m. PDT
To join, call 800-311-9403 and enter access code "175716."

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RADIO

and Secy' Tom Vilsack)

-----------------------

----------------J

---------------0-------------

- - -- - - - - - - - r - - r - - ---- -- - ------o

with the nation's streams and wetlands.

- -o- - - --- - --- -

- - - - - ---- J

----------

-------------

- - - - - - - - r - - r - - - - - -------

- - - - - - - - - - - ------------------

resemble the draft proposal that was leaked earlier.

To:

From:
Sent:
Subject:

Vaught, Laura[Vaught.Laura@epa.gov]
Mahoney, Christina
Thur 6/12/2014 8:44:34 PM
Cleaver RFS question - and thanks

Laura,
My boss mentioned that he was able to chat with Administrator McCarthy this morning about the
2014 RFS timing and final numbers. I just wanted to say thanks for following up for us on the
issue. We had heard the target date was end of June and that the numbers may be close to the
original proposal.

Regards,
Christina

Office of U.S. Representative Emanuel Cleaver, II


2335 Rayburn HOB, Washington, D.C. 20515
Ph: 202-225-4535 Fx: 202-225-4403

On.

To:
From:
Sent:
Subject:

Vaught, Laura[Vaught.Laura@epa.gov]
Repko, Mary Frances
Tue 7/22/2014 6:49:08 PM
FW: RFS

From: Hassenboehler, Tom


Sent: Tuesday, July 22, 2014 2:19 PM
To: Repko, Mary Frances
Subject: RE: RFS

Delete Sec. 2(b)

Add Sec. (2)(c)(2)(C) increase the timely availability of new pathways to produce renewable
fuels, including non-ethanol renewable fuels that can obviate the need for using mid-level
ethanol blends.

Add new Sec. 3 INTERIM RENEWABLE FUEL STANDARD


(a) For calendar years 2014 and 2015, and any subsequent years prior to submission of the
report, Section 21 l(o)(2)(B)(i) of the Clean Air Act (42 U.S.C. 7545(o)(2)(B)(i)) is amended by
striking the applicable renewable fuel volumes in subclause (1) and inserting in lieu thereof
"15 .21."

(b) The Environmental Protection Agency shall use the renewable fuel volume established by
this Act in determining the applicable volume percentage standards for calendar years 2014 and
2015 and subsequent years if necessary.

SECTION 1. DEFINITIONS.

In this Act:
(1) Administrator.--The term "Administrator" means the
Administrator of the Environmental Protection Agency.
(2) Mid-level ethanol blend.--The term "mid-level ethanol
blend" means an ethanol-gasoline blend containing greater than
10 and up to and including 20 percent ethanol by volume that is
intended to be used in any conventional gasoline-powered motor
vehicle or nonroad vehicle or engine.

SEC. 2. EVALUATION.

(a) In General.--The Administrator, acting through the Assistant


Administrator of the Office of Research and Development at the
Environmental Protection Agency, shall-(1) not later than 45 days after the date of enactment of
this Act, enter into an agreement with the National Academy of
Sciences to provide, within 18 months after the date of
enactment of this Act, a comprehensive assessment of the
scientific and technical research on the implications of the

use of mid-level ethanol blends, comparing mid-level ethanol


blends to gasoline blends containing 10 percent or zero percent
ethanol; and
(2) not later than 30 days after receiving the results of
the assessment under paragraph (1 ), submit a report to the
Committee on Science, Space, and Technology of the House of
Representatives and the Committee on Environment and Public
Works of the Senate on the findings of the assessment, together
with the agreement or disagreement of the Administrator with
each of its findings.
(b) Waivers.--Prior to the submission of the report under
subsection (a)(2), any waiver granted under section 211 (f)(4) of the
Clean Air Act (42 U.S.C. 7545 (f)(4)) before the date of enactment of
this Act that allows the introduction into commerce of mid-level
ethanol blends for use in motor vehicles shall have no force or effect.
The Administrator shall grant no new waivers under such section
211 (f)(4) until after the submission of the report described under
subsection (a)(2).
(c) Contents.--The assessment performed under subsection (a)(1)
shall include the following:
(1) An evaluation of the short-term and long-term
environmental, safety, durability, and performance effects of
the introduction of mid-level ethanol blends on onroad,
nonroad, and marine engines, onroad and nonroad vehicles, and
related equipment. Such evaluation shall consider the impacts

of qualifying mid-level ethanol blends or blends with higher


ethanol concentrations as a certification fuel. Such evaluation
shall include a review of all available scientific evidence,
including all relevant government and industry data and
testing, including that relied upon by the Administrator and
published at 75 Fed. Reg. 68094 et seq. (November 4, 2010), 76
Fed. Reg. 4662 et seq. (January 26, 2011 ), and 76 Fed. Reg.
44406 et seq. (July 25, 2011 ), and identify gaps in
understanding and research needs related to-(A) tailpipe emissions;
(B) evaporative emissions;
(C) engine and fuel system durability;
(D) onboard diagnostics;
(E) emissions inventory and other modeling effects;
(F) materials compatibility;
(G) operability and drivability;
(H) fuel efficiency;
(I) fuel economy;
(J) consumer education and satisfaction;
(K) cost-effectiveness for the consumer;
(L) catalyst durability; and
(M) durability of storage tanks, piping, and
dispensers for retail.
(2) An identification of areas of research, development,
and testing necessary to-(A) ensure that existing motor fuel infrastructure

is not adversely impacted by mid-level ethanol blends,


including an examination of potential impacts of midlevel ethanol blends on metal, plastic, rubber, or any
other materials used in pipes or storage tanks; and
(B) reduce the risk of misfueling by users at
various points in the distribution and supply chain,
including at bulk storage, retail storage, and
distribution configurations by-(i) assessing the best methods and
practices to prevent misfueling;
(ii) examining misfueling mitigation
strategies for blender pumps, including
volumetric purchase requirements and labeling
requirements;
(iii) assessing the adequacy of and ability
for misfueling mitigation plans approved by the
Environmental Protection Agency; and
(iv) examining the technical standards and
recommendations of the National Institute of
Standards and Technology, the American National
Standards Institute, and the International
Organization for Standardization regarding fuel
pump labeling.

SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

In order to carry out this Act, the Administrator shall utilize up


to $900,000 from the funds made available for science and technology,
including research and development activities, at the Environmental
Protection Agency.

To:
From:
Sent:
Subject:

Distefano, Nichole[DiStefano.Nichole@epa.gov]; Vaught, Laura[Vaught.Laura@epa.gov]


Anderson, Amanda D.
Wed 7/2/2014 3:39:37 PM
Fw: Peterson (+51 )_Renewable Fuel Standard

From: Harris, Jacqueline


Sent: Tuesday, July 01, 2014 07:33 PM
To: Singletary, Barvetta; Anderson, Amanda D.
Subject: Peterson (+51 )_Renewable Fuel Standard

Team,

Please note the attached correspondence from Peterson and 51 colleagues. Please let me know
where you would like the letter tasked.

Thanks,
Jacqueline

To:
From:
Sent:
Subject:

Vaught, Laura[Vaught.Laura@epa.gov]
Long, Jeff (Blumenthal)
Tue 3/25/2014 6:04:20 PM
FW: Biodiesel One Ltd - Agentinian biodiesel

From: BioDiesel One, Ltd Radune [mailto:biodieselone@att.net]


Sent: Tuesday, March 25, 2014 10:46 AM
To: Long, Jeff (Blumenthal)
Subject: Biodiesel One Ltd - Agentinian biodiesel

Hi Jeff

Sorry we couldn't get together last week. Perhaps hope we can get together in Southington at the end of April

Unfortunately, it has come to my attention that the EPA is considering another "bone head" move to kill the
domestic biodiesel industry.

Argentina submitted an application in 2011 seeking approval for a streamlined RFS pathway that would allow
Argentinian biodiesel to meet the definition of renewable biomass under the RFS without having to map and track
the feedstock as is typically required. The proposed "survey plan" would seek to establish that the feedstock
(soybean oil) comes from land that was in agricultural production on or before Dec. 19, 2007 - thus qualifying for
RIN-generation under the RFS.

The domestic biodiesel industry is concerned that approval of the application could lead to a flood of Argentinian
biodiesel into the U.S. market. Particularly in the context of a weak RFS volume proposal, such a development
could create significant harm for domestic producers.

Is there any way Senator Bluementhal can help persuade the EPA to treat foreign producers the same way they treat
domestic producers?

It seems lately, every bill, law, or mandate ends up being interpreted, by Federal Agencies, to the benefit of foreign
producers and "big oil" and to the detriment of domestic producers. What gives?

Regards
Karl Radune
President
Biodiesel One Ltd.
Southington, CT 06489

EPA Regulations:
Too Much, Too Little, or On Track?
James E. McCarthy
Specialist in Environmental Policy
Claudia Copeland
Specialist in Resources and Environmental Policy
December 12, 2013

Congressional Research Service


7-5700

www.crs.gov
R41561

Summary
Since Barack Obama was sworn in as President in 2009, the Environmental Protection Agency
(EPA) has proposed and promulgated numerous regulations implementing the pollution control
statutes enacted by Congress. Critics have reacted strongly. Many, both within Congress and
outside of it, have accused the agency of reaching beyond the authority given it by Congress and
ignoring or underestimating the costs and economic impacts of proposed and promulgated rules.
The House has conducted vigorous oversight of the agency in the l lih and l 13th Congresses, and
has approved several bills that would overturn specific regulations or limit the agency's authority.
Particular attention has been paid to the Clean Air Act; congressional scrutiny has focused as well
on other environmental statutes and regulations implemented by EPA.
Environmental groups and other supporters of the agency disagree that EPAhas overreached.
Many of them believe that the agency is, in fact, moving in the right direction, including taking
action on significant issues that had been long delayed or ignored in the past. In several cases,
environmental advocates would like the regulatory actions to be stronger.
EPA states that critics' focus on the cost of controls obscures the benefits of new regulations,
which, it estimates, far exceed the costs. It maintains that pollution control is an important source
of economic activity, exports, and American jobs, as well. Further, the agency and its supporters
say that EPA is carrying out the mandates detailed by Congress in the federal environmental
statutes.
This report provides background information on EPA regulatory activity during the Obama
Administration to help address these issues. It examines major or controversial regulatory actions
taken by or under development at EPA since January 2009, providing details on the regulatory
action itself, presenting an estimated timeline for completion of the rule (including identification
of related court or statutory deadlines), and, in general, providing EPA'sestimates of costs and
benefits, where available. The report includes tables that show which rules remain under
development, and an appendix that describes major or controversial rules that are now final.
The report also discusses factors that affect the timeframe in which regulations take effect,
including statutory and judicial deadlines, public comment periods, judicial review, and
permitting procedures, the net results of which are that existing facilities are likely to have several
years before being required to comply with most of the regulatory actions under discussion.
Unable to account for such factors, which will vary from case to case, timelines that show dates
for proposal and promulgation of EPA regulations effectively underestimate the complexities of
the regulatory process and overstate the near-term impact of many of the regulatory actions.

Contents
Introduction ................................................................................................................ __ .................. 1
Is EPA on Target or Overreaching? Conflicting Views ............................................................. 1
What This Report Does ........................................................................................................... 3
A Few Caveats Regarding Timing ............................................................................................ 4
Congressional Activity .............................................................................................................. 6
Conclusions ............................................................................................................................. 7
Organization of the Report ...................................................................................................... 8
Clean Air Act and Climate Change ................................................................................................ 8
Clean Water Act ........................................................................................................................... 12
Toxic Substances Control Act (TSCA) ........................................................................................ .16
Solid Waste/Underground Storage Tanks (RCRA) ....................................................................... .17

Tables
Table 1. Major EPARules and Modifications Expected to Be Proposed or Promulgated,
December 2013-June 2014 ......................................................................................................... 5
Table 2. Major Rules and Modifications Under Development at EPA .......................................... 19

Appendixes
Appendix. Major or Controversial Rules Promulgated Since 2009 .............................................. 23

Contacts
Author Contact Information .......................................................................................................... 38
Key Policy and Legal Staff .......................................................................................................... 3 8

Introduction
Is EPA on Target or Overreaching? Conflicting Views
Since Barack Obama was sworn in as President of the United States in 2009, the Environmental
Protection Agency (EPA) has proposed and promulgated numerous regulations under the 11
pollution control statutes Congress has directed it to implement. 1 Most of these statutes have not
been amended for more than a decade, yet the agency is still addressing for the first time
numerous directives given it by Congress, while also addressing newly emerging pollution
problems and issues. The statutes also mandate that EPA conduct periodic reviews of many of the
standards it issues, and the agency is doing these reviews, as well.
Although supporters would say that EPA is just doing its job, the agency's regulatory actions over
the last four-plus years have drawn attention for several reasons. In some cases, such as regulation
of greenhouse gas emissions, they represent a new departure. Based on a 2007 Supreme Court
ruling that greenhouse gas emissions are air pollutants under the Clean Air Act's definition of that
term, 2 the agency has undertaken numerous regulatory actions setting emission standards or
laying the framework for a future regulatory structure. In other cases, the agency is revisiting
emissions, effluent, and waste management regulatory decisions made during earlier
Administrations and proposing more stringent standards to address pollution that persists as long
as 40 years after Congress directed the agency to take action. These actions are being driven by
statutory requirements to reexamine regulations, by legal challenges and court decisions, or
because of changing technologies or new scientific information.
EPA'sactions, both individually and in sum, have generated controversy. The Wall Street Journal,
calling the scale of EPA regulatory actions "unprecedented," stated that the agency "has turned a
regulatory firehose on U.S. business"3 and, regarding proposed regulatory actions affecting
electric generating units, it said "the EPA' sregulatory cascade is a clear and present danger to the
reliability and stability of the U.S. power system and grid.''4 The American Enterprise Institute
stated that EPA "is engaged in a series of rule-making proceedings of extraordinary scope and
ambition."5 The U.S. Chamber of Commerce described EPA'sactions as "a series of one-sided,
politically-charged regulations that are intended to take the place of legislation that cannot
achieve a consensus in the Congress."6 Affected parties, such as the National Petrochemical &
Refiners Association, have labeled the agency's actions "overreaching government regulation"
and "a clear distortion of current environmental law,"7 while the National Mining Association

For a summary of each of the 11 statutes and their principal requirements, see CRS Report RL30798, Environmental
Laws: Summaries of Major Statutes Administered by the Environmental Protection Agency, coordinated by David M.
Bearden.
2

See CRS Report R40984, Legal Consequences of EPA 's Endangerment Findingfor New Motor Vehicle Greenhouse
Gas Emissions, by Robert Meltz.

The Wall Street Journal, "The EPA Permitorium," editorial, November 22, 2010.

The Wall Street Journal, "An EPA Moratorium," editorial, August 29, 2011.

AEI, "The EPA's Ambitious Regulatory Agenda," Conference, November 8, 2010, at http://www.aei.org/event/
100334#doc.

U.S. Chamber of Commerce, "Regulatory Areas, Energy, and the Environment,"


http://www.uschamber.com/regulations/areas.

said, "even at a time of great economic stress, EPA is poised to enact a series of back-door
mandates that threaten to cost millions of Americanjobs, and increase the cost of their electricity
while they're at it." 8
Both Democrats and Republicans in Congress have expressed concerns, through bipartisan letters
commenting on proposed regulations and through introduced legislation that would delay, limit,
or prevent certain EPA actions. 9 Senior Republicans in the House and Senate committed to
vigorous oversight of the agency's actions during the l lih Congress, 10 with some threatening to
withhold funding if the agency continued on its present course. 11 Vigorous oversight is continuing
in the l 131h Congress-earlier this year, a senior Senate Republican referred to a "frightening
flood" of new EPArules. 12
EPA has not been silent as the agency's actions have come under attack. In a November 2010
letter to the ranking Members of the Energy and Commerce Committee and its Subcommittee on
Oversight and Investigations, then-EPA Administrator Lisa Jackson stated:
The pace ofEPA's Clean Air Act regulatory work under this administration is actually not
faster than the pace under either of the two previous administrations. In fact, EPA has
finalized or proposed fewer Clean Air Act rules (87) over the past 21 months than in the first
two years of either President George W. Bush's administration (146) or President Clinton's
administration (115). 13
In congressional testimony and other fora, Administrator Jackson sought to rebut critics'
challenges to EPA' sactions and initiatives.
It's time for a real conversation about protecting our health and the environment while
growing our economy. EPA' s 40 years of environmental and health protection demonstrate
our nation's ability to create jobs while we clear our air, water and land .... Telling the truth
( ... continued)
7

NPRA, "NPRA Says Court Decision on GHGs Bad for Consumers," December 10, 2010, at http://www.npra.org/
newsRoom/?fa=viewCmsltem&title=Latest%20News&articlelD=5980.

National Mining Association, "EPA 's Regulatory Train W reek," 2011, http://www.nma.org/pdf/fact_sheets/
epa_tw.pdf.
9

For a discussion of some of these congressional actions, see CRS Report R41212, EPA Regulation of Greenhouse
Gases: Congressional Responses and Options, by James E. McCarthy; CRS Report R41698, H.R. 1 Full-Year FY201 l
Continuing Resolution: Overview of Environmental Protection Agency (EPA) Provisions, by Robert Esworthy; and
CRS Report R41979, Environmental Protection Agency (EPA) FY2012 Appropriations: Overview of Provisions in H.R.
2584 as Reported, by Robert Esworthy.
10
See, for example, Letter of Hon. Fred Upton, Chairman-elect, House Energy and Commerce Committee, and Hon.
James lnhofe, ranking Member, Senate Environment and Public Works Committee, to EPA Administrator Lisa
Jackson, December 9, 2010, at http://epw.senate.gov/public/index.cfm?FuseAction=Files.View&FileStore_id=
d596d5fb-593c-4c99-b0cl-4laab15887b0. See also "A Coming Assault on the E.P .A.," New York Times, editorial,
December 24, 2010.
11

See letter of Hon. Jerry Lewis to EPA Administrator Lisa P. Jackson, November 29, 2010, p. 2, at http://op.bna.com/
env.nsf/id/jstn-8bnt7t/.
12
13

See "Oil Industry, GOP Criticize EPA's New Gasoline Rules," Washington Post, March 30, 2013, p. 3.

Letter of Lisa P. Jackson, EPA Administrator, to Hon. Joe Barton and Hon. Michael C. Burgess, November 8, 2010,
p. 1. According to the letter, "All three counts include all Clean Air Act rules that amend the Code of Federal
Regulations and that require the EPA Administrator's signature." Administrator Jackson's letter was written in
response to an October 14 letter from Reps. Barton and Burgess in which they expressed concern regarding the
cumulative impacts of new regulations being proposed under the Clean Air Act.

about our economy and our environment is about respecting the priorities of the American
people. More than 70 percent of Americans want EPA to continue to do its job effectively.
Those same Americans want to see a robust economic recovery. We have the capacity to do
both things if we don't let distractions keep us from the real work of creating jobs. 14

Environmental groups generally believe that the agency is moving in the right direction, but in
several cases they would like the regulatory actions to be stronger. 15 Many also fear that decisions
to delay the issuance or implementation of several standards are bad omens. Commenting on
EPA'sDecember 2010 request to delay the issuance of standards for boilers, for example, Clean
Air Watch stated, "there is an unfortunate appearance here that political pressure from Congress is
affecting the situation. That EPA is running scared. " 16 These concerns were renewed following
the President's September 2011 decision to withdraw revised air quality standards for ozone that
EPA had spent two years developing (see "Ozone Ambient Air Quality Standards" section, below)
and the agency's delay in implementation of air quality standards for cement kilns and other
industries.
It is not this report's purpose to render a verdict on whether EPA is overreaching, running scared,

or following the directions and using the authorities given it by Congress. Statements
characterizing EPA'sactions, such as those cited above, depend on judgments as to whether the
agency has correctly determined the level of stringency needed to address an environmental
problem, and whether the agency's actions are justified by the legislative mandates that Congress
has imposed and statutory authorities that Congress has provided. Congress and the courts may
render these judgments.

What This Report Does


This report provides a factual basis for discussion of these issues, which must ultimately be
evaluated on a case-by-case basis. The report identifies and briefly characterizes major regulatory
actions 17 promulgated, proposed, or under development by EPA since January 2009. The report
uses data from EPA'sSemiannual Regulatory Agendas 18 and the list of economically significant
reviews completed by the Office of Management and Budget (OMB) 19 to compile a list of
regulatory actions proposed, promulgated, or under development by the agency. The list includes

14
Lisa P. Jackson, EPA Administrator, "Telling the Truth about the Environment and Our Economy," September 2,
2011, http://blog.epa.gov/administrator.
15
See, for example, comments of Clean Air Task Force, Earthjustice, Natural Resources Defense Council, and the
Sierra Club on the proposed emission standards for boilers, as cited in CRS Report R41459, EPA 's Boiler MACT:
Controlling Emissions of Hazardous Air Pollutants, by James E. McCarthy, p. 15.
16

Clean Air Watch, "EPA Seeks Big Delay in Final Toxic Rule for Boilers," December 7, 2010, at
http://blogforcleanair .b logspot.eom/2010/ 12/epa-seeks-big-delay-in-final-toxic-rule .html.
17

This report uses the terms "regulatory action," "regulation," "rule," "standard," and "guidelines" for the actions it
describes. There are slight differences among these terms, which are explained, if necessary to understand how the
regulatory action will be implemented. In general, "regulatory action" is the broadest of the terms and includes each of
the others.
18

U.S. EPA, Semiannual Regulatory Agenda: Spring 2013, July 3, 2013, at


http://www.regulations.gov#!documentDetail;D=EPA-HQ-OA-2013-0514-0001.
19

OMB, Office of Information and Regulatory Affairs (OIRA), Historical Reports, at http://www.reginfo.gov/publie/
do/eoHistReviewSearch.

all EPA rules considered "economically significant" by OMB since January 2009, 20 as well as
some others that were not so designated but have been widely discussed.
Each entry in this report (1) gives the name or, where appropriate, the common name of the
regulatory action (e.g., the "Tailoring Rule," or the "Endangerment Finding"); (2) explains what
the action does; (3) states the current status of the rule or action (e.g., proposed September 20,
2013 ); (4) explains the significance of the action, providing information on estimated costs and
benefits, where available; ( 5) discusses the time line for implementation, and whether there is a
non-discretionary congressional deadline or a court order or remand driving its development; and
(6) identifies a CRS analyst who would be the contact for further information. To simplify
presentation, in some cases, we have summarized several separate, but related, regulations under
one heading.
This is not a complete list of the regulations that EPA has proposed or promulgated during the
Obama Administration. Rather, it is an attempt to identify the most significant and most
controversial. A complete list would be substantially longer.21

A Few Caveats Regarding Timing


Not all of the rules discussed here are Obama Administration initiatives. Many began
development under the Bush Administration (or earlier, in some cases), including several that
were promulgated under that Administration and subsequently were vacated or remanded to EPA
by the courts. Within the Clean Air Act group, for example, most of the major rules, including the
agency's boiler rules and two of the major rules affecting electric power plants (the Cross-State
Air Pollution Rule and the MACT rule) fit that description. Similarly, EP A'sregulation of power
plant cooling water intake structures is governed by a 1995 consent decree and rules issued and
proposed in several phases beginning in 2001. Other EPA actions, such as reconsideration of the
ozone air quality standard, have actually delayed for several years implementation of Bush
Administration rules that strengthened existing standards. All of these are described in detail
below.
Several other generalizations are worth underlining:

Many proposed and "pre-proposal" rules linger for years without being
promulgated; thus, many of the EPA actions described here may not take effect
for some time. 22 For those rules not yet promulgated, we have focused on rules
that have statutory or court-ordered deadlines and/or that have already been the
subject of significant discussion.

20

OIRA (the regulatory affairs staff within OMB) considers a rule to be "economically significant" ifit is "likely to
have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy, a
sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal
governments or communities." OMB, FAQs/Resources, at http://www.reginfo.gov/public/jsp/Utilitics/faq.jsp.
21
For example, according to OMB, OIRA completed action on 47 proposed and final EPA rules in 2012 and 78
proposed and final rules in 2011; 8 and 15 of these, respectively were determined to be economically significant. Sec
footnote 19.

22

They may also be substantially altered before they become final and take effect, as a result of the proposal and public
comment process, and/or judicial review.

If there are no known deadlines, we have attempted to provide EPA'sestimate of

the schedule for promulgation. In some cases, EPA has not estimated a proposal
or promulgation date. In those instances, we have either provided dates reported
in press accounts or we have discussed the general outlook for promulgation.
Experience suggests that proposal or promulgation may take longer than
estimated in cases that do not have a court-ordered deadline.

Although they are the most likely deadlines to be met, even court-ordered dates
for proposal or promulgation may change. It is not uncommon for EPA to request
extensions of time, often due to the need to analyze extensive comments or reevaluate technical information.

Promulgation of standards is not the end of the road. Virtually all major EPA
regulatory actions are subjected to court challenge, frequently delaying
implementation for years. As noted earlier, many of the regulatory actions
described here are the result of courts remanding and/or vacating rules
promulgated by previous administrations. EPA has also, in several cases,
reconsidered rules after promulgation, changing what were announced as "final"
standards, and, in some cases, granting additional time for compliance.

In many cases, EPA rules must be adopted by states to which the program has
been delegated before actual implementation occurs (e.g., establishing air quality
plans or issuing permits). Moreover, many states require that the legislature
review new regulations before the new rules would take effect.

Standards for stationary sources under the air, water, and solid waste laws are
generally implemented through permits, which would be individually issued by
state permitting authorities after the standards take effect. When finalized, a
permit would generally include a compliance schedule, typically giving the
permittee several years for installation of required control equipment. Existing
sources generally will have several years following promulgation and effective
dates of standards, therefore, to comply with any standards.

In short, the road to EPA regulation is rarely a straight path. There are numerous possible causes
of delay. It would be unusual ifthe regulatory actions described here were all implemented on the
anticipated schedule, and even if they were, existing facilities would often have several years
before being required to comply. That said, Table 1 identifies rules that are likely to be proposed
or promulgated by June 2014. Note that expected dates are tentative.
Table I. Major EPA Rules and Modifications Expected to Be Proposed or
Promulgated, December 20 13-June 20 14
Item Number in
This Report

Name of Rule

9.

Revised Cooling Water


Intake

7.

Brick and Clay MACT

4.

Tier 3 Auto/Light Truck


Emission and Gasoline
Standards

Type of Rule

Expected Date

Final

January 14, 2014

Proposed

February 6, 2014

Final

February 2014

Item Number in
This Report

Name of Rule

10.

Revised Steam Electric


Effluent Limitations
Guidelines

I.

Carbon Pollution
Guidelines for Greenhouse
Gas Emissions from
Existing Power Plants

15.

Revised Underground
Storage Tank Regulations

Type of Rule

Expected Date

Final

May 14, 2014

Proposed

June 2014

Final

Spring 2014

Source: Compiled by CRS.

Congressional Activity
In the 111 th Congress, a number of EPA'sregulatory actions were the subject of legislative
proposals, including stand-alone bills that would have delayed or prohibited EPA actions,
resolutions of disapproval under the Congressional Review Act, and potential riders on EP A's
appropriation. None of these measures passed.
In the 112 th Congress, criticism of EPA actions increased, and several bills to prevent or delay
EPA action passed the House but were not considered in the Senate. Bills are also being
considered in the l 13th Congress. Some proposals have been broad in nature, targeting all
regulatory agencies or a lengthy list of specific regulations, while others focus more narrowly on
individual rules or actions.
The situation has been particularly contentious for regulatory actions involving greenhouse gases.
Although former Administrator Jackson and President Obama repeatedly expressed their
preference for Congress to take the lead in designing a GHG regulatory system, EPAmaintains
that, in the absence of congressional action, it must proceed to regulate GHG emissions using
existing authority: a 2007 Supreme Court decision (Massachusetts v. EPA) compelled EPA to
consider whether GHGs are air pollutants that endanger public health and welfare, and if it so
determined, to embark on a regulatory course that is prescribed by the Clean Air Act. Having
made an affirmative decision on the endangerment question, EPA has proceeded on that
regulatory course and is defending its actions in court.
Opponents of this effort in Congress, who maintain that the agency is exceeding its authority,
have considered various approaches to altering the agency's course, including riders on
appropriations bills, stand-alone legislation, resolutions of disapproval under the Congressional
Review Act, and amendments to the Clean Air Act. Several of these bills passed the House in the
112 th Congress, but died in the Senate. (Earlier versions of this report described specific bills.
Staff interested in these bills may wish to contact the report's authors for additional information.)
In addition to measures that targeted greenhouse gas regulations, bills passed by the House in the
112 th Congress addressed other EPA regulatory actions affecting electric power plants, industrial
boilers and incinerators, coal combustion waste, cement kilns, and rural dust. None of these
passed the Senate.

Beyond the criticism of specific regulations, there have also been calls for broad regulatory
reforms in the 1 lth and 1131h Congress-to reinforce the role of economic considerations in
agency decision-making, to increase Congress's role in approving or disapproving regulatory
decisions, or to require analysis of the cumulative impacts of multiple EPA regulations. One such
broad bill is H.R. 367, the Regulations from the Executive in Need of Scrutiny (REINS) Act,
which in general provides that major rules of the executive branch shall have no force or effect
unless a joint resolution of approval is enacted into law.23 The bill has passed the House in both
the 11th and 1131h Congresses. Other bills passed by the House in the 112th Congress proposed a
number of broad regulatory reforms, including requiring agencies to adopt the least costly rule
that meets relevant statutory objectives unless the benefits justify additional costs; providing for
judicial review of certain requirements and determinations for which judicial review is not
currently available; altering judicial deference to agency interpretations of rules; enhancing
regulatory review authority of the Small Business Administration; and/or placing moratoria on the
issuance of new regulations.

Conclusions
This report has been updated frequently since the first version was released early in 2011. Many
of the issues that were raised then regarding specific regulations have now been resolved-at
least to the extent that proposed rules have been finalized. Still, the broader question of whether
the Obama Administration'sEPAis "overreaching" in its regulatory efforts has not gone away.
Critics both in Congress and outside of it regularly accuse the agency of overkill. In April 2013,
in a case involving four ofEPA'sgreenhouse gas regulatory actions, for example, a dozen states
led by Texas asked the Supreme Court to "rein in a usurpatious agency and remind the President
and his subordinates that they cannot rule by executive decree." 24
What is different three years after our first report is that there is now a more detailed record of
EPA actions to be evaluated. Reviewing that record, we find

Many of the proposals that were controversial when our first report was released
are now final.

In general, the proposed versions of these rules served as "high water marks":
none of the final rules is more stringent than what was proposed and the final
versions of many of the most controversial rules were made less stringent.

In revising proposed rules, EPA often relied on data submitted by industry and
other stakeholders, acknowledging that it had inadequate or incomplete data
when it proposed the rules.

In several instances, the regulated community was given more time to comply
than originally expected.

23

For information, see CRS Report R41651, REINS Act: Number and Types of "Major Rules" in Recent Years, by
Maeve P. Carey and Curtis W. Copeland.
24

Petition for certiorari filed by State of Texas et al. at 2, granted, 2013 WL 1743433 (Oct. 15, 2013), from Coalition
for Responsible Regulation v. EPA, 682 F.3d 102 (D.C. Cir. 2012). Five other petitions for certiorari from the same
decision were also granted; the combined cases will be known in the Supreme Court as Utility Air Regulatory Group v.
EPA (No. 12-1146). Oral argument is scheduled for February 24, 2014.

Regardless of modifications in the final rules, many of the regulations have been
challenged in court by a variety of groups-some seeking more stringent rules,
others less stringent.

Although many of these challenges remain to be heard by the courts, thus far the
courts have upheld EPA decisions on the final regulations in most cases.

The pace of new regulation has slowed considerably since 2011. In part, this may
be because a backlog of rules that were remanded to the agency during the Bush
Administration has been largely addressed; other rules were delayed until after
the 2012 election, perhaps due to political considerations.

A number of EPA proposals remain under development, with planned or courtordered promulgation dates on the horizon; many of these remain controversial.

Organization of the Report


Because so many of the rules that we listed in the first version of this report have now been
promulgated, we have reorganized this update to separate these largely "resolved" issues from
proposals that remain under consideration. In order to focus attention on the rules that remain to
be finalized, we have removed rules that are already final from the body of the report and placed
them in an Appendix. What remains in the text are the rules that are most likely to be the subject
of debate in the remainder of President Obama' s term. These rules are organized under four
headings: Clean Air Act and Climate Change; Clean Water Act; Toxic Substances Control Act;
and Solid Waste (Resource Conservation and Recovery Act). Following the text, information
concerning the rules that remain under development is summarized in Table 2.

Clean Air Act and Climate Change


1. Carbon Pollution Standards for New and Existing Power Plants. EPAhas stated for some
time that it would undertake a review of the New Source Performance Standards (NSPS) to
consider greenhouse gas emission standards for electric generating units at the same time as it
developed mercury and air toxics (MATS or MACT) standards for power plants. Electric
generating units are the largest U.S. source of both greenhouse gas and mercury emissions,
accounting for about one-third of all GHG emissions in addition to about half of U.S. mercury
emissions. In a settlement agreement with 11 states and other parties, EPA agreed to propose the
NSPS for power plants by July 26, 2011, and take final action on the proposal by May 26, 2012.
This schedule encountered delays: proposed standards were not proposed until April 13, 2012. 25
EPA faced a statutory deadline of one year after the date of proposal (i.e., April 13, 2013) for
promulgation of final standards, which it did not meet. The agency received more than 2. 7 million
comments on the proposed rule-the most it has received on any rule in its 40-year history.
On June 25, 2013, the President directed EPA to re-propose the rule by September 20, 2013. EPA
released a modified proposal on September 20. This re-proposal had not yet appeared in the
Federal Register as of mid-November; thus, a formal period for public comment had not begun.
The President also directed the agency to propose guidelines for emissions from existing
25

The standards appeared in the Federal Register on April 13, 2012. The standards and supporting materials are
available at http://www.epa.gov/carbonpollutionstandard/actions.html.

generating units by June 1, 2014, finalize them by June 1, 2015, and require the states to submit
implementation plans by June 30, 2016.
EPA set the GHG emission standards as proposed in 2012 and as modified in 2013 at levels
achievable by most natural-gas-fired units without added pollution controls or by coal-fired units
using carbon capture and storage (CCS) technology to capture about 40% of their uncontrolled
emissions. Although the components of CCS technology have been demonstrated, no existing
power plant combines them all in an operating unit, and the electric power industry has generally
concluded that a CCS requirement would effectively prohibit the construction of new coal-fired
plants, other than those already permitted. EPA maintains otherwise, but it also says that, because
of low natural gas prices and abundant existing generation capacity, it believes no new coal-fired
units subject to the proposed standards will be constructed between now and 2020. For additional
information, contact Jim McCarthy (7-7225, jmccarthy@crs.loc.gov).
2. Expanded Renewable Fuel Standard (RFS2). On March 26, 2010, EPA promulgated new
rules for the renewable fuel standard (RFS) that was expanded by the Energy Independence and
Security Act of 2007 (EISA, P.L. 110-140).26 For 2014, EISA is scheduled to require the use of
18.15 billion gallons of ethanol and other biofuels in transportation fuel. Within that mandate, the
statute requires the use of 3. 75 billion gallons of advanced biofuels (fuels other than com starch
ethanol), including 1. 75 billion gallons of cellulosic biofuels. Because of concerns that gasoline
and diesel fuel suppliers would be unable to meet the 2014 standards,27 in November 2013 EPA
proposed lowering the advanced biofuel and overall RFS mandates. On November 29, 2013, EPA
proposed an overall RFS of 15 .21 billion gallons and an advanced biofuel mandate of 2.2 billion
gallons, below both the actual 2013 level and the 2014 level scheduled in EISA.
Further, because few commercial-scale cellulosic biofuel refineries have begun operation, EPA
has proposed reducing the mandated 2014 level for these fuels from 1. 75 billion gallons to 17
million ethanol-equivalent gallons. 28
Similar shortfalls have occurred since 2010 when EISA first required the inclusion of cellulosic
biofuels in the RFS, prompting EPA to revise downward the cellulosic mandate each year.
However, through 2012 no commercial-scale cellulosic biofuel plants had begun operation, and
only about 20,000 gallons of cellulosic biofuel had been registered under the RFS, as opposed to
the 10.45 million ethanol-equivalent gallons (8.65 actual gallons) required by EPA. Because of
this shortfall in production capacity, in January 2013 the U.S. Court of Appeals for the D.C.
Circuit vacated the 2012 cellulosic mandate. 29 In response, in February EPArevised the 2012
cellulosic standard to zero. As part of the 2014 rulemaking, EPA also proposed rescinding the
2011 cellulosic mandate.
Because of the (vacated) requirement to use fuels that are not available in the market ("phantom
fuels"), EP A's process for determining annual cellulosic volumes has become controversial.
Legislation introduced in the House and Senate, H.R. 550 and S. 251, would amend the Clean Air
26

U.S. Environmental Protection Agency, "Regulation of Fuels and Fuel Additives: Changes to Renewable Fuel
Standard Program; Final Rule," 75 Federal Register 14670-14904, March 26, 2010.

27

See section on Ethanol Blend Wall/EIS Waiver in the Appendix to this report.

28

U.S. Environmental Protection Agency, "2014 Standards for the Renewable Fuel Standard Program; Proposed Rule,"
78 Federal Register 71732-71784, November 29, 2013.

29

API v. EPA, 706 F.3d 474 (D.C. Cir. 2013).

Act to set cellulosic fuel requirements based on the prior years' average monthly production as
opposed to the current statutory requirement for EPA to project production capacity for the year.
Various other bills to amend the RPS, including legislation to eliminate portions of the RPS,
lower the annual mandated levels, or eliminate the program entirely. For additional information,
contact Brent Yacobucci (7-9662, byacobucci@crs.loc.gov).
3. Tier 3 Emissions Standards for Passenger Cars and Light Trucks and Gasoline
Standards. In February 2011, EPA began to scope out new emissions standards for conventional
pollutants (i.e., non-greenhouse gases) from passenger cars and light trucks. In a May 2010
memorandum from the White House to the EP Aand NHTSA Administrators, President Obama
had directed EPA to review the adequacy of the current "Tier 2" emissions standards for these
vehicles, which EPA finalized in February 2000, and were phased in between MY2004 and
MY2009. 30 EPA proposed "Tier 3" standards April 13, 2013. As with the Tier 2 standards, the
proposed Tier 3 standards include changes to both vehicle emission limits and fuel formulation
rules, lowering allowable sulfur content to facilitate the use of new technology. The proposal
would lower allowable sulfur from 30 parts per million to a maximum of 10, and would require
reductions in vehicle emissions of 70%-80%. In letters to the EPA Administrator, several senators
have asked EPA to delay its rulemaking over concerns that the new fuel standards would raise the
price of gasoline, 31 but EPA maintains that the rule as proposed would add less than a penny a
gallon to the price of gasoline, while reducing emissions by the equivalent ofremoving 33 million
cars from the road. EPA had hoped to promulgate final standards before the end of2013, with an
effective date of 2017. The agency recently stated that the rule will not be issued before February
2014, but it expects to keep in place a compliance deadline of 2017. For additional information,
contact Brent Yacobucci (7-9662, byacobucci@crs.loc.gov) or Rick Lattanzio (7-17 54,
rlattanzio@crs.loc.gov).
4. Ozone Ambient Air Quality Standards. On January 19, 2010, EPA proposed a revision of the
National Ambient Air Quality Standard (NAAQS) for ozone. 32 At the President's request, on
September 2, 2011, this proposal was withdrawn, leaving EPA to implement previously
promulgated ozone standards.
NAAQS are the cornerstone of the Clean Air Act, in effect defining what EPA considers to be
clean air. They do not directly limit emissions, but they set in motion a process under which
"nonattainment areas" are identified and states and EPA develop plans and regulations to reduce
pollution in those areas. Nonattainment designations may also trigger statutory requirements,
including that new major sources offset certain emissions by reducing emissions from existing
sources. Currently, there are NAAQS for six pollutants (ozone, particulate matter, sulfur dioxide,
carbon monoxide, nitrogen dioxide, and lead). The Clean Air Act requires that these standards be
reviewed every five years, and all of the standards have been under court-ordered deadlines for
review. EPA last completed a review of the ozone NAAQS in 2008, and made the standard more
stringent; but the Obama Administration's EPA suspended implementation of the 2008 standard in
2009 in order to consider further strengthening it.

3
For more information on the Tier 2 standards, see CRS Report RS20247, EPA's Tier 2 Emission Standards for New
Motor Vehicles: A Fact Sheet, by David M. Bearden.
31
Jeremy P. Jaeobs, "Bipartisan Senate Group Seeks Delay in EPA Tailpipe Rules," E&E News PM, January 12, 2012.
Also, "Four Demoeratie Senators Urge EPA to Issue Advanee Notiee on Proposed Rule for Tier 3," Daily Environment
Report, Mareh 22, 2013.

32

U.S. Environmental Proteetion Ageney, "National Ambient Air Quality Standards for Ozone; Proposed Rule," 75
Federal Register 2938, January 19, 2010.

The reconsidered ozone NAAQS that was proposed in January 2010 was among the most
controversial standards under consideration at EPA, because of its wide reach and potential cost.
In the 2010 proposal, EPA identified at least 515 counties that would violate the NAAQS if the
most recent three years of data available at the time of proposal were used to determine
attainment (compared to 85 counties that violated the standard in effect at that time). The agency
estimated that the costs of implementing the reconsidered ozone NAAQS, as proposed, would
range from $19 billion to $25 billion annually in 2020, with benefits of roughly the same amount.
EPA completed its reconsideration of the ozone NAAQS and sent a final decision to the Office of
Management and Budget for interagency review in July 2011. On September 2, 2011, the White
House announced that the President had requested that EPA Administrator Jackson withdraw the
draft ozone standards, since work was already underway to update a review of the science that
would result in the reconsideration of the ozone standard in 2013. 33 EPA had said it would
propose any changes resulting from this review by the end of 2013, with promulgation late in
2014. That schedule appears to have slipped by at least six months and more likely a year. For
additional information, contact Jim McCarthy (7-7225, jmccarthy@crs.loc.gov).
5. Oil and Natural Gas Air Pollution Standards. In February 2010, EPA signed a consent
agreement under which it was to promulgate revisions of the New Source Performance Standards
and Hazardous Air Pollutant standards for oil and gas production by November 30, 2011. The
agency promulgated these rules on August 16, 2012. 34 Under the CAA, EPA is required to review
New Source Performance Standards every eight years; the revisions update NSPS rules for VOCs
and S0 2 that were promulgated in 1985. Similarly, EPA had a statutory obligation to review
hazardous air pollutant standards for oil and natural gas production, which were issued in 1999,
by 2007. Additionally, the 2012 rules are the first regulations to address emissions from natural
gas wells that use hydraulic fracturing ("fracking"). The new standards, which will be fully
implemented by 2015, will require companies to capture natural gas and volatile organic
compounds (VOCs) that escape when hydraulically fractured gas wells are prepared for
production. The rules affect production, processing, transmission, and storage, but not distribution
to customers. EPA estimates that the rules will result in the capture of 95% of the VOCs otherwise
emitted. Although there are costs associated with the use of equipment to capture the emissions,
EPA estimates that the rules will produce a net annual savings of $11 million to $19 million for
the industry, because the captured gas and condensate can be sold. Some states already require
similar measures, and EPA estimates that about half of fracked natural gas wells already meet the
standards. On August 5, 2013, EPA promulgated updates to the storage tank portions of the rules
in response to petitions for reconsideration. The updates would provide additional time for
compliance and an alternative emissions limit.35 Industry groups have filed lawsuits challenging
both the 2012 standards and the 2013 updates. For additional information, contact Rick Lattanzio
(7-1754, rlattanzio@crs.loc.gov).
6. Brick and Clay MACT. EPA promulgated Maximum Achievable Control Technology
(MACT) standards for hazardous air pollutants emitted by manufacturers of bricks, structural clay
33
The White House, Office of the Press Secretary, "Statement by the President on the Ozone National Ambient Air
Quality Standards," September 2, 2011.
34
U.S. Environmental Protection Agency, "Oil and Natural Gas Sector: New Source Performance Standards and
National Emission Standards for Hazardous Air Pollutants Reviews; Final Rule," 77 Federal Register 49490, August
16, 2012. For information, see http://www.epa.gov/airquality/oilandgas/actions.html.
35

U.S. Environmental Protection Agency, "Oil and Natural Gas Sector: Reconsideration of Certain Provisions of New
Source Performance Standards," 78 Federal Register 5 8416-58448, September 23, 2013.

products, and clay ceramics in 2003, but the standards were vacated by the D.C. Circuit Court of
Appeals in 2007. The agency has not taken action since that time, and was sued by the Sierra
Club for its failure to act. Under a consent decree, the agency has agreed to sign proposed
standards to replace the vacated rule by February 6, 2014, and to sign a final rule for
promulgation by December 18, 2014. For additional information, contact Jim McCarthy (7-7225,
jmccarthy@crs.loc.gov).

Clean Water Act


7. Construction Site Effluent Limitations Guidelines. On December 1, 2009, EPA promulgated
regulations under the Clean Water Act (CWA), called effluent limitations guidelines (ELGs), to
limit pollution from stormwater runoff at construction sites. 36 The rule, called the Construction
and Development, or C&D, ELG, took effect February 1, 2010. OMB determined that it is an
economically significant rule. It requires construction sites that disturb one or more acres of land
to use erosion and sediment control best management practices to ensure that soil disturbed
during construction activity does not pollute nearby waterbodies. For construction sites disturbing
10 acres or more, the rule established, for the first time, enforceable numeric limits on stormwater
runoff pollution. EPA issued the rule in response to a 2004 lawsuit filed by an environmental
group; in 2006, a federal court ordered EPA to issue a final rule by December 1, 2009. The rule
affects about 82,000 firms nationwide involved in residential, commercial, highway, street, and
bridge construction. EPA has issued effluent guidelines for 56 industries that include many types
of discharges, such as manufacturing and service industries. These guidelines are implemented in
discharge permits issued by states and EPA. Several industry groups challenged the C&D ELG. In
response, EPA examined the data set underlying a portion of the rule and concluded that it
improperly interpreted the data. In August 2010, a federal appeals court granted EPA'srequest for
remand of a portion of the rule to conduct a rulemaking to correct the numeric effluent limitation.
In November 2010, EPA promulgated a direct final rule to stay the effectiveness of the numeric
turbidity limit in the 2009 rule; other portions of the rule remain in effect.37 To resolve industry
challenges to the 2009 rule, on April 1, 2013, EPA proposed modifications of the 2009 rule,
including withdrawal of the numeric turbidity effluent limitations in the 2009 rule, which had
been controversial, and changes specific to the non-numeric portions of the rule. If more data on
numeric discharge standards for construction sites become available, EPA could initiate a new
rulemaking in the future. 38 For additional information, contact Claudia Copeland (7-7227,
ccopeland@crs.loc.gov).
8. "Post-Construction" Stormwater Rule.EPA is exploring regulatory options to strengthen the
existing regulatory program for managing stormwater, which is a significant source of water
quality impairments nationwide. Under the current program, large cities and most industry
sources are subject to CWA rules issued in 1990; smaller cities, other industrial sources, and
construction sites are covered by rules issued in 1999. EPA is considering options to strengthen
stormwater regulations, including establishing post-construction requirements for stormwater
36

U.S. Environmental Proteetion Agency, "Effluent Limitation Guidelines for the Construction and Development Point
Source Category," 74 Federal Register 62996-63058, December 1, 2009.

37

U.S. Environmental Protection Agency, "Direct Final Rule Staying Numeric Limitation for the Construction and
Development Point Source Category," 75 Federal Register 68215-68217, November 5, 2010.

38

U.S. Environmental Protection Agency, "Effluent Limitations Guidelines and Standards for the Construction and
Development Point Source Category," 78 Federal Register 19434-19442, April 1, 2013.

discharges from new development and redevelopment, which currently are not regulated. The rule
is expected to focus on stormwater discharges from developed or post-construction sites such as
subdivisions, roadways, industrial facilities and commercial buildings, or shopping centers. Under
a consent agreement with environmental groups, EPA was expected to propose a rule by June 10,
2013, and to issue a final rule by December 10, 2014. However, EPAmissed the June 10 deadline,
and a new date for proposal of the rule has not been announced. 39 For additional information,
contact Claudia Copeland (7-7227, ccopeland@crs.loc.gov).
9. Revised Cooling Water Intake Rule. EPA has proposed a CWA rule to protect fish from
entrainment by cooling water intake structures at existing power plants and certain other
industrial facilities. The proposed rule will revise EPA regulations issued in 2004 that were
challenged in federal court by electric utility companies and others and were remanded to EPA by
court order in 2007 and rules issued in 2006 that also apply to new offshore oil and gas facilities
and existing manufacturing facilities, which EPAasked a court to remand to the agency for
modification. 40 The proposal also responds to a 2009 U.S. Supreme Court ruling which said that,
in developing the revised cooling water intake structure rule, EPA can consider the costs and
benefits of protecting fish and other aquatic organisms.41 The rule combines cooling water intake
rules that apply to approximately 1, 150 existing electric generating and manufacturing plants. On
December 3, 2010, a federal court issued an order endorsing terms of a settlement agreement
between EPA and environmental groups, establishing deadlines for the agency to propose and
finalize a revised cooling water intake rule. EPA proposed the rule on March 28, 2011. Even
before release, the proposed rule was highly controversial. Many in industry feared, while
environmental groups hoped, that EPA would require installation of technology that most
effectively minimizes impacts of cooling water intake structures, but also is the most costly
option. The EPA proposal declined to mandate such technology universally and instead favors a
less costly, more flexible regulatory option. In addition, in June 2012, EPA announced that it is
considering options for revising portions of the proposed rule. 42 In November 2013, EPAand the
environmental litigants agreed to extend the deadline for issuing a final rule until January 14,
2014, in part to provide time for the agency to consult with federal wildlife agencies under
provisions of the Endangered Species Act. For additional information, contact Claudia Copeland
(7-7227, ccopeland@crs.loc.gov).
10. Revised Steam Electric Effluent Limitations Guidelines. Under authority of CWA Section
304, EPA establishes national technology-based regulations, called effluent limitations guidelines
(ELGs), to reduce pollutant discharges from industries directly to waters of the United States and
indirectly to municipal wastewater treatment plants based on Best Available Technology. These
requirements are incorporated into discharge permits issued by EPA and states. The current steam
electric power plant rules43 apply to about 1,200 nuclear- and fossil-fueled steam electric power
plants nationwide, 500 of which are coal-fired. In a 2009 study, EPA found that these regulations,
39

For additional information, see CRS Report 97-290, Stormwater Permits: Status of EPA 's Regulatory Program, by
Claudia Copeland
40

40CFR125.90 and 40CFR125.130.

41

Entergy Corp. v. Riverkeeper Inc., 129 S. Ct. 1498 (2009).

42

The rule was published in the Federal Register on April 20, 2011. U.S. Environmental Protection Agency, "National
Pollutant Discharge Elimination System~Cooling Water Intake Structures at Existing Facilities and Phase 1
Facilities," 76 Federal Register 22174-22228, April 20, 2011. For information, sec CRS Report R41786, Cooling
Water Intake Structures: Summary of EPA 's Proposed Rule, by Claudia Copeland.

43

40 CFR 423.10.

which were promulgated in 1982, do not adequately address the pollutants being discharged and
have not kept pace with changes that have occurred in the electric power industry over the last
three decades. Pollutants of concern include metals (e.g., mercury, arsenic, and selenium),
nutrients, and total dissolved solids. On April 19, EPA proposed a revised power plant ELG, under
a schedule in a consent decree with environmental litigants.44 A final rule is due by May 14, 2014.
The proposed rule presents four "preferred alternatives" for strengthening controls on wastewater
discharges from steam electric power plants that would cut annual pollutant discharges by up to
2.6 billion pounds and cut water use by 50 billion to 103 billion gallons per year. The four options
are based on varying levels of treatment for seven different waste streams generated by the plants
and differ in the stringency of the treatment controls to be imposed. The rulemaking addresses
wastewater discharges from coal ash storage ponds and flue gas desulfurization (FGD) air
pollution controls, as well as other power plant waste streams.45 The estimated annual compliance
cost of the rule would be between $168 million and $948 million. For additional information,
contact Claudia Copeland (7-7227, ccopeland@crs.loc.gov).
11. "Waters of the United States" Rule making. From the earliest days, Congress has grappled
with where to set the line between federal and state authority over the nation's waterways.
Typically, this debate occurred in the context of federal legislation restricting uses of waterways
that could impair navigation and commerce. The phrase Congress often used to specify
waterways over which the federal government had authority was "navigable waters of the United
States." However, in the legislation that became the CWAof 1972, Congress felt that the term
was too constricted to define the reach of a law whose purpose was not maintaining navigability,
as in the past, but rather preventing pollution. Accordingly, in the CWA Congress retained the
traditional term "navigable waters," but defined it broadly to mean "waters of the United States."
That phrase is important in the context of Section 404 of the law, a permit program jointly
administered by EPA and the Army Corps of Engineers that regulates discharges of dredged and
fill material to U.S. waters, including wetlands. The same phrase also defines the geographic
extent of the other parts of the CWA, including state-established water quality standards, the
discharge permit program in Section 402, oil spill liability, and enforcement. Consequently, how
broadly or narrowly "waters of the United States" is defined has been a central question of CWA
law and policy for nearly 40 years.
Controversies increased following two Supreme Court rulings, one in 2001 and one in 2006, on
how "waters of the United States" are defined for purposes of the 404/wetlands permit program.
Those two rulings left many uncertainties about their interpretation, uncertainties that first the
Bush Administration and now the Obama Administration have attempted to clarify through a
series of interpretive guidance documents. In April 2011, EPA and the Army Corps jointly
proposed new guidance in an effort to clarify the geographic reach of federal regulation, in light
of the law, the Court's rulings, and science. Under the proposed guidance, federal protection of
water quality would apply to more waters than currently are considered jurisdictional-a
conclusion that pleased some and alarmed others. Final revised guidance was sent to OMB in
February 2012, but it was not released. In September 2013, EPA and the Army Corps withdrew
44

The proposed rule was published in the Federal Register nearly two months later. U.S. Environmental Proteetion
Ageney, "Effluent Limitations Guidelines and Standards for the Steam Eleetrie Power Generating Point Souree
Category; Proposed Rule," 78 Federal Register 34432-34543, June 7, 2013. For information, see CRS Report R43 l 69,
Regulation of Power Plant Wastewater Discharges: Summary of EPA 's Proposed Rule, by Claudia Copeland.
45

Separately, EPA also is eonsidering regulation of eoal ash disposal sites under Resouree Conservation and Reeovery
Aet, as diseussed in this report under "Coal Combustion Waste."

the guidance document from OMB review and instead submitted a draft rule that would clarify
which waters are subject to CW A jurisdiction, consistent with the Supreme Court's rulings and
current scientific information. It is not known when the draft rule will be proposed.46 For
additional information, contact Claudia Copeland (7-7227, ccopeland@crs.loc.gov).
12. Mountaintop Mining in Appalachia. EPAand other federal agencies (the Office of Surface
Mining and Reclamation, in the Department of the Interior; and the U.S. Army Corps of
Engineers) are developing a series of actions and regulatory proposals to reduce the harmful
environmental and health impacts of surface coal mining, including mountaintop removal mining,
in Appalachia. The actions, announced in a June 2009 interagency Memorandum of
Understanding, are intended to improve regulation and strengthen environmental reviews of
permit requirements under the CWA and the Surface Mining Control and Reclamation Act
(SMCRA). Viewed broadly, the Administration's combined actions on mountaintop mining
displease both industry and environmental advocates. The additional scrutiny of permits and more
stringent requirements have angered the coal industry and many of its supporters. At the same
time, while environmental groups support EPA'ssteps to restrict the practice, many favor tougher
requirements or even total rejection of mountaintop mining in Appalachia. Many of the actions
have been highly controversial in Congress.
EPA is a key participant in several of the actions. In 2009 EPA and the Corps began conducting
detailed evaluations of 79 pending CWA permit applications for surface mining activities in order
to limit environmental impacts of the proposed activities under a process called Enhanced
Coordination Procedures (ECP). Coal industry groups and coal state officials contended that the
ECP process resulted in costly delay in issuance of permits. They challenged the process in
federal court, and in October 2011, the court struck down the ECP as an unlawful transfer of legal
authority from the Corps to EPA. The agencies are continuing to review permit applications for
surface coal mining projects in Appalachia under existing rules, but not the vacated ECP. In July
2012, the same federal court invalidated a 2011 EPA guidance document intended to help assess a
mine' s water quality impacts, ruling that EPA had overstepped its statutory authority. The
government has appealed both of these rulings.
In June 2010, the Army Corps suspended the use of a particular CWA general permit for surface
coal mining activities in Appalachia. In February 2012, the Corps reissued all of its CWA general
permits, including one (nationwide permit 21) to replace the suspended permit with a permit
containing more stringent CWA rules applicable to these coal mining operations.47
In November 2009, the Department of the Interior's Office of Surface Mining (OSM) issued an
Advance Notice of Proposed Rulemaking (ANPR) describing options to revise a SMCRA rule
that affects surface coal mining operations, called the stream buffer zone rule, which was
promulgated in December 2008. 48 The Obama Administration identified the 2008 rule, which
exempts so-called valley fills and other mining waste disposal activities from requirements to
protect a 100-foot buffer zone around streams, for revision as part of the series of actions
46
For additional information, see CRS Report RL33263, The Wetlands Coverage of the Clean Water Act (CWA):
Rapanos and Beyond, by Robert Meltz and Claudia Copeland.
47
For information see CRS Report 97-223, The Army Corps a/Engineers' Nationwide Permits Program: Issues and
Regulatory Developments, by Claudia Copeland.
48

U.S. Department of the Interior, Office of Surface Mining Reclamation and Enforcement, "Stream Buffer Zone and
Related Rules; Advance notice of proposed rulemaking; notice of intent to prepare a supplemental environmental
impact statement (SEIS)," 74 Federal Register 62664-62668, November 30, 2009.

concerning surface coal mining in Appalachia. Since then, OSM officials have been working on
developing a new rule and an accompanying draft environmental impact statement (EIS), which
are expected to be proposed in 2014. The revised stream buffer rule, when promulgated, is
expected to apply nationwide, not just in Appalachia. Potential changes to the 2008 rule have
drawn controversy and criticism. In the l l i11 Congress, the House passed H.R. 3409, to prevent
the Secretary of the Interior from proposing or issuing regulations under SMCRA prior to
December 31, 2013, that would designate areas as "unsuitable" for surface coal mining, adversely
affect coal mine employment, or reduce the size of the coal market. Similar legislation has been
introduced in the 113111 Congress (H.R. 1829/S. 861). For additional information, contact Claudia
Copeland (7-7227, ccopeland@crs.loc.gov).

Toxic Substances Control Act (TSCA)


13. Lead: Renovation, Repair, and Painting in Certain Public and Commercial Buildings
Rule. EPA has revised a 2008 final rule implementing Section 402( c)(3) of the Toxic Substances
Control Act (TSCA; enacted as the Residential Lead-Based Paint Hazard Reduction Act of 1992).
The rule aims to reduce human health hazards associated with exposure to lead-based paint. It
established requirements for training and certifying workers and firms that remodel, repair, or
paint homes or child-occupied public or commercial buildings likely to contain lead-based paint
(generally built before 1978).49 Shortly after promulgation of the 2008 version of the rule, several
petitions were filed challenging it. The U.S. Court of Appeals for the District of Columbia Circuit
consolidated the petitions and, in August 2009, EPA signed a settlement agreement with the
petitioners. The agreement set legal deadlines for a number ofEPArulemaking actions; two rules
have been promulgated (see the Appendix), and a third is under development.
In May 2010, EPA published an advanced notice of proposed rulemaking for a third rule
responding to the settlement agreement. It addresses renovations in public and commercial
buildings that are not child-occupied. 50 On Dec. 31, 2012, EPA published a notice in the Federal
Register stating:
EPA is in the process of determining whether these activities [renovation, repair, and
painting of public and commercial buildings] create lead-based paint hazards, and, for those
that do, developing certification, training, and work practice requirements as directed by the
Toxic Substances Control Act (TSCA). This document opens a comment period to allow for
additional data and other info1mation to be submitted by the public and interested
stakeholders. This document also provides advance notice of EP A's plan to hold a public
meeting on June 26, 2013. 51

The comment period for this phase of rulemaking was scheduled to end April 1, 2013, but was
extended to July 12, 2013. 52 In the 113111 Congress, H.R. 2093/S. 484 would amend provisions of
49

For a complete history of this rule, see EP A's website "Lead Renovation, Repair, and Painting Program Rules" at
http://www2.epa.gov/lead/lead-renovation-repair-and-painting-program-rules.

50

U.S. Environmental Protection Agency, "Lead; Renovation, Repair, and Painting Program for Public and
Commercial Buildings; Proposed Rule," 75 Federal Register 24848-24862, May 6, 2010.
51

U.S. Environmental Protection Agency, "Meetings: Lead; Renovation, Repair, and Painting Program for Public and
Commercial Buildings," 77 Federal Register 76996, Dec. 31, 2012.
52

EPA, Lead; Renovation, Repair, and Painting Program for Public and Commercial Buildings,
http://www.regulations.gov/#!documentDetail;D=EPA-HQ-OPPT-2010-0173-0162.

TSCA to prohibit EPA from expanding its renovation requirements to public and commercial
buildings. For additional information, contact Jerry Yen(7-9I I3,jyen@crs.loc.gov).

Solid Waste/Underground Storage Tanks (RCRA)


I4. Coal Combustion Waste. In 2008, coal-fired power plants accounted for almost half of U.S.
electric power, resulting in approximately I36 million tons of coal combustion waste (CCW). On
December 22, 2008, national attention was turned to risks associated with managing CCW when
a breach in a surface impoundment pond at the Tennessee Valley Authority's Kingston, TN, plant
released I. I billion gallons of coal ash slurry, covering hundreds of acres and damaging or
destroying homes and property. In addition to the risk of a sudden, catastrophic release such as
that at Kingston, EPA has determined that CCW disposal in unlined landfills and surface
impoundments presents substantial risks to human health and the environment from releases of
toxic constituents (particularly arsenic and selenium) into surface and groundwater. To establish
national standards intended to address risks associated with potential CCW mismanagement, on
June 2I, 20IO, EPA proposed two regulatory options to manage the waste. 53 The first option
would draw on EPA'sexisting authority to identify a waste as hazardous and regulate it under the
waste management standards established under Subtitle C of the Resource Conservation and
Recovery Act (RCRA). The second option would establish regulations applicable to CCW
disposal units under RCRA's Subtitle D solid waste management requirements. Under Subtitle D,
EPA does not have the authority to implement or enforce its proposed requirements. Instead, EPA
would rely on states or citizen suits to enforce new standards. In its Regulatory Impact Analysis,
EPA estimated the average annualized regulatory costs to be approximately$ I .5 billion a year
under the Subtitle C option or $587 million a year under the Subtitle D option, but there could be
additional costs or benefits depending on how the rule affects the recycling of coal ash.
EPA has not projected a date to promulgate a final rule. However, on April 5, 20I2, a coalition of
environmental groups filed suit to compel EPA to finalize its proposed rulemaking. 54 For
additional information, contact Linda Luther (7-6852, lluther@crs.loc.gov).
I5. Underground Storage Tanks. In November 20I 1, EPA proposed revisions to the agency's
I 988 Underground Storage Tank (UST) technical regulations, financial responsibility
requirements, and state program approval regulations promulgated under Subtitle I of the Solid
Waste Disposal Act (SWDA). 55 The proposed revisions address changes made in the Energy
Policy Act of 2005 (P.L. 109-58)56 and also update UST leak prevention and detection
technologies and requirements. 57 The revisions are intended to improve leak prevention and

53

U.S. Environmental Proteetion Ageney, "Hazardous and Solid Waste Management System; ldentifieation and Listing
of Speeial Wastes; Disposal of Coal Combustion Residuals From Eleetrie Utilities," 75 Federal Register 3512 7-3 5 264,
June 21, 2010.
54

Appalaehian Voiees et al. v. Lisa P. Jaekson, Case No. 1:12-ev-00523 (D.D.C.), April 5, 2012.

55

Environmental Proteetion Ageney, "Revising Underground Storage Tank Regulations-Revisions to Existing


Requirements for Seeondary Containment and Operator Training," 76 Federal Register 71708, November 18, 2011.
The Solid Waste Disposal Aet (SWDA) is eommonly referred to as the Resouree Conversation and Reeovery Aet.

56

P.L. 109-58, Title XV, Subtitle B, eomprises the Underground Storage Tank Complianee Aet (USTCA) whieh
broadly amended the UST leak prevention and provisions of SWDA Subtitle I (42 U .S.C. 699 l-699lm).
57

Teehnieal regulations are loeated at 40 C.F .R. 280. EPA also proposes to revise state program approval
requirements in 40 C.F.R. 281 to ineorporate ehanges to the teehnieal regulations.

detection of releases from US Ts, which EPA and states report as a leading source of groundwater
contamination. Proposed revisions to UST technical regulations include ( 1) secondary
containment requirements for new and replaced tanks and piping, (2) training requirements for
UST owners and operators, (3) new operation and maintenance requirements, (4) new release
prevention and detection technologies, and (5) updated codes of practice.
The Environmental Protection Act of 2005 (EPAct) amended the SWDA to require states that
receive federal funding under Subtitle I to meet certain requirements (such as operator training
and secondary containment requirements). The proposed rule would expand on EPAct and further
apply these requirements in Indian country and in states that do not receive Subtitle I funds. EP A's
stated goal is to make UST requirements similar in all states and in Indian Country. Additionally,
the proposed rule would expand the scope of certain requirements beyond those established in
law. For example, EPAct requires states receiving Subtitle I money to require secondary
containment for new or replaced tanks if they are installed within 1,000 feet of a community
water system or drinking water well. EPA proposes to require secondary containment for new or
replaced tanks in all locations.
Among the updates to the 1988 UST rules, the proposal would modify the requirement that UST
systems must be compatible with stored substances, by adding options for owners and operators
to demonstrate that UST systems are compatible with fuel containing more than 10% ethanol
(ElO) or 20% biodiesel (B20). 58 The public comment period for the proposal closed on April 16,
2012. EPA plans to issue a final rule in the spring of2014. For additional information, contact
Mary Tiemann (7-5937, mtiemann@crs.loc.gov).

58

A comparison of the key differences between the 1988 rule and the proposed rule is available at http://www.epa.gov/
oust/fedlaws/Crosswalk.pdf.

In Table 2, below, we identify major or controversial rules still under development at EPA that
were discussed in the previous section. The table includes rules not yet proposed, rules that have
been proposed but not yet promulgated, and in several cases rules already promulgated but now
being reconsidered by the agency. The Appendix to this report, describing economically
significant or controversial rules already promulgated by the agency, follows the table. While
these promulgated rules are generally thought to be in final form, many are still being challenged
by various stakeholders in court.

Table 2. Major Rules and Modifications Under Development at EPA

Item
No.
I.

2.

Statutory
Authority
Clean Air Act

Clean Air Act

Court or
Legislative
Requirement?

Rule

Status

Carbon Pollution
Standards for
New and Existing
Power Plants

EPA re-proposed
standards Sept. 20,
20 I 3. The Clean Air
Act requires
promulgation one
year after proposal.
On June 25, 2013,
the President
directed EPA to
propose emission
guidelines for
existing power
plants by June 2014
and finalize them by
June 2015.

EPA was sued by


numerous parties
for its failure to
issue NSPS for
GHG emissions
from power
plants (State of
New York v. EPA).
Section I I I (b) of
the Clean Air Act
requires NSPS for
a category of
sources if it

Standards for use of


cellulosic biofuels in
20 I 3 (revising
downward the
amount that would
otherwise be
required by statute)
were proposed
February 7, 20 I 3,
and the 2012
requirement was
revised to zero.

Decisions
required under
the Energy
Independence and
Security Act of
2007.

Expanded
Renewable Fuel
Standard (RFS2)

Affected Entities
Primarily coal-fired
electric generating
units, which generate
more than one-third of
the nation's electricity.

"causes, or

contributes
significantly to air
pollution which
may reasonably be
anticipated to
endanger public
health or
welfare." EPA has
already concluded
that GHGs are
such air pollution.
Electric generating
units account for
one-third of all
U.S. GHG
emissions.
Petroleum refiners,
biofuel producers.

Item
No.

Statutory
Authority

Rule

Status

Court or
Legislative
Requirement?

Affected Entities

3.

Clean Air Act

Tier 3 Motor
Vehicle Emission
and Fuel
Standards

EPA proposed
standards May 2 I ,
20 I 3. Promulgation
is expected by
February 2014.

None

New car and light


truck manufacturers;
petroleum refiners.

4.

Clean Air Act

National Ambient
Air Quality
Standard for
Ozone

Proposed January
19, 20 IO; withdrawn
September 2, 20 I I .
EPA is near
completion of its
next review, with
proposal of any
changes in the
standards expected
in 2014, and
promulgation in
2015.

Clean Air Act


required review
of the 2008
standards by
March 2013.

Recent ozone levels in


the vast majority of the
675 counties with
monitors would have
violated the proposed
20 I 0 standard;
implementation of the
proposed standard
could have led to
widespread new
emission controls at a
projected cost of $19
billion to $25 billion
annually in 2020, with
comparable levels of
benefits, according to
EPA.

5.

Clean Air Act

Oil and Natural


Gas Air Pollution
Standards

Promulgated August
16, 2012. Updated
requirements for
storage tanks were
proposed April 12,
2013.

EPA acted under


a consent
agreement signed
in February 20 I 0
to revise existing
NSPS and
hazardous air
pollutant rules.

About I 1,000 new


natural gas wells will be
affected annually. The
standards are the first
national air emission
standards for
hydraulically fractured
wells.

6.

Clean Air Act

Brick and Clay


Product MACT

EPA has agreed to


sign proposed
standards by
February 6, 2014,
and final standards
by December 18,
2014.

D.C. Circuit
Court of Appeals
vacated and
remanded
standards for this
category of
sources in 2007.
EPA reached a
consent
agreement in
November 2012
on a schedule for
replacement
standards.

Brick and clay product


manufacturers.

7.

Clean Water Act

Construction Site
Effluent
Limitations
Guidelines

Rule was
promulgated
December I, 2009.
A portion of the
rule was stayed for
reconsideration.
EPA proposed
amendments to the
2009 rule in April
2013.

Federal court
ordered EPA to
issue the final rule
by December I,
2009.

Affects about 82,000


firms involved in
residential, commercial,
highways, street, and
bridge construction.

Item
No.

Statutory
Authority

Rule

Status

Court or
Legislative
Requirement?

Affected Entities

8.

Clean Water Act

"PostConstruction"
Stormwater Rule

EPA was expected


to propose a rule in
June 2013 and issue
a final rule in
December 2014.
The agency missed
the date for
proposal; a new date
has not been
announced.

May 20 I0 consent
decree, as
amended.

Unknown at this time.

9.

Clean Water Act

Revised Cooling
Water Intake
Rule

EPA proposed
regulations March
28, 20 I I . Final rule
is due by January 14,
2014.

EPA rules issued


in 2004 were
remanded by
order of a federal
court.

Proposal applies to
approximately I, 150
existing power plants
and certain other
manufacturing facilities.

10.

Clean Water Act

Revised Steam
Electric Effluent
Limitations
Guidelines

EPA proposed a rule


on April 19, 2013.
Final rule is due by
May 22, 2014.

Consent decree.

Proposal applies to
existing and new steam
electric power plants.

I I.

Clean Water Act

'Waters of the
United States'
Rulemaking

Draft rule developed


by EPA and Army
Corps was sent to
OMB on September
17, 2013.

None

Potentially affects a
wide range of entities
and activities subject to
CWA requirements,
including permits.

12.

Clean Water Act


and Surface
Mining Control
and Reclamation
Act

Mountaintop
Miningin
Appalachia

Various short-term
and long-term
actions are
underway by EPA
and other agencies
to strengthen
environmental
reviews and revise
regulations.

None

Surface coal mining


operations in the
Appalachian region.

13.

Toxic Substances
Control Act

Lead Renovation,
Repair, and
Painting

An advanced notice
of proposed
rulemaking for work
in certain public and
commercial buildings
is being revised as
announced Dec. 31,
2012,and is
expected to be
finalized in 2015.

August 2009
settlement
agreement set
numerous
deadlines for
revisions of a
2008 lead rule.

Workers and firms


that remodel, repair,
or paint homes and
some commercial
buildings.

14.

Resource
Conservation
and Recovery
Act (RCRA)

Coal Combustion
Waste

Proposed June 21,


2010.

None

Coal-fired electric
power plants.

Item
No.
15.

Statutory
Authority
Resource
Conservation
and Recovery
Act (RCRA)

Rule
Underground
Storage Tanks

Source: Compiled by CRS.

Status
Proposed
November 18, 20 I I.

Court or
Legislative
Requirement?

Affected Entities

Proposal
addresses
provisions of the
Energy Policy Act
of 2005 (P.L. I 0958).

States and owners and


operators of
underground storage
tanks containing either
petroleum or
hazardous chemicals.

Appendix. Major or Controversial Rules


Promulgated Since 2009
Climate Change
Greenhouse Gas Reporting Rule. On October 30, 2009, in response to a congressional mandate
in EPA'sFY2008 appropriation (P.L. 110-161 ), EPA promulgated the Greenhouse Gas Reporting
Rule. 59 The rule required 31 categories of sources to report their emissions of greenhouse gases to
EPA annually, beginning in 2011, if the sources emit 25,000 tons or more of carbon dioxide or the
equivalent amount of five other greenhouse gases (GHGs). 60 (Eleven other categories of sources
have since been added to the rule.) By itself, the rule imposes little cost ($867 per facility,
according to EP A'sestimate) because it only requires reporting; but the sources who are required
to report are expected to be the focus of EPA efforts as the agency develops regulations to control
emissions of GHGs. The original reporting deadline was March 31, 2011. As that date
approached, EPA extended the deadline to September 30, 2011. The first data submitted under the
rule were released January 11, 2012. For additional information, contact Jim McCarthy (7-7225,
jmccarthy@crs.loc.gov).
Greenhouse Gas Endangerment Finding. On December 15, 2009, EPA issued findings that six
greenhouse gases cause or contribute to air pollution that endangers public health and welfare. 61
The action was taken in response to an April 2007 Supreme Court decision (Massachusetts v.
EPA) that required the agency to decide the issue or to conclude that climate change science is so
uncertain as to preclude making such findings. These findings do not themselves impose any
requirements on industry or other entities. However, the action was a prerequisite to finalizing
EPA'sgreenhouse gas emission standards for cars and light duty trucks, which were jointly
promulgated by EPA with fuel economy standards from the Department of Transportation, on
May 7, 2010. These, in turn, triggered permit requirements for stationary sources ofGHGs,
beginning January 2, 2011. On December 10, 2010, the U.S. Court of Appeals for the D.C.
Circuit denied industry and state motions to stay the endangerment finding and related
regulations, and on June 26, 2012, the court upheld the regulations. The court's decision applied
to 84 cases filed by a variety of industry groups and states (Coalition for Responsible Regulation
v. EPA). For additional information, contact Jim McCarthy (7-7225, jmccarthy@crs.loc.gov) or
Rob Meltz (7-7891, rmeltz@crs.loc.gov).
Light Duty Motor Vehicle Greenhouse Gas Emission Standards, Model Years2012-2016. On
May 7, 2010, EP Aand the National Highway Traffic Safety Administration (NHTSA)
promulgated integrated GHG emission standards and corporate average fuel economy (CAFE)
standards for new cars and light trucks, a category that includes SUV s and minivans, as well as
59

U.S. Environmental Proteetion Ageney, "Mandatory Reporting of Greenhouse Gases; Final Rule," 74 Federal
Register 56260, Oetober 30, 2009.
60

GHG emissions eonsist of earbon dioxide (C0 2), methane, nitrous oxide (N 20), sulfur hexafluoride (SF 6 ), and two
eategories of gases-hydrofluoroearbons (HF Cs) and perfluoroearbons (PF Cs). Sinee eaeh of these substanees has a
different global warming potential, the emissions of eaeh are eonverted to the equivalent amount of C0 2 emissions,
based on how potent the substanee is as eompared to C0 2, giving rise to the term "COrequivalent."
61

U.S. Environmental Proteetion Ageney, "Endangerment and Cause or Contribute Findings for Greenhouse Gases
Under Seetion 202(a) of the Clean Air Aet," 74 Federal Register 66496, Deeember 15, 2009.

pickup trucks. 62 NHTSA is required by the Energy Independence and Security Act of 2007
(EISA, P.L. 110-140) to promulgate CAFE standards so that by 2020, new cars and light trucks
reach a combined average fuel economy of35 miles per gallon (mpg). EPA simultaneously issued
vehicle greenhouse gas standards in response to directives from the Supreme Court in
Massachusetts v. EPA. The EPAregulations require a reduction in emissions to an estimated
combined emission level of 250 grams of C0 2 per mile by model year 2016, about a 21 %
reduction in emissions when fully implemented. The Administration estimates that complying
with the regulations will add $1, 100 to the cost of an average vehicle, although this additional
purchase cost is expected to be paid back through lifetime fuel savings. The new standards are
being phased in beginning with the 2012 model year. EPA estimates that the additional lifetime
cost of 2012-2016 model year vehicles under the regulations will be about $52 billion; benefits
are expected to be approximately $240 billion. This rule was also upheld by the D.C. Circuit in
the June 26, 2012 Coalition.for Responsible Regulation decision. For additional information,
contact Brent Yacobucci (7-9662, byacobucci@crs.loc.gov).
Light Duty Motor Vehicle Greenhouse Gas Emission Standards, Model Years 2017-2025.
Using the same authority described in Item 3 above, EPAand NHTSA promulgated joint
GHG/fuel economy rules for 2017-2025 model year vehicles, on October 15, 2012. 63 Under these
standards, GHG emissions from new cars and light trucks will be reduced about 50% by 2025
compared to 2010 levels, to an expected fleet average of 163 grams per mile; average fuel
economy will rise to nearly 50 miles per gallon. The agencies estimated that the new technology
to comply with the standards will cost roughly $1,800 per vehicle in 2025, although lifetime fuel
savings would total roughly $5,700 to $7,400. For additional information, contact Brent
Yacobucci (7-9662, byacobucci@crs.loc.gov).
Greenhouse Gas Tailoring Rule. On June 3, 2010, EPA promulgated a rule that defines which
stationary sources will be required to obtain Clean Air Act permits for GHG emissions and how
the requirements will be phased in. 64 The threshold set by the rule (annual emissions of 75,000100,000 tons of carbon dioxide equivalents) will limit which facilities will be required to obtain
permits: from 2011through2016, the nation's largest GHG emitters, including power plants,
refineries, cement production facilities, and about two dozen other categories of sources (an
estimated 17,000 facilities annually) will be the only sources required to obtain permits. Of these,
most will face only an administrative requirement to provide an estimate of their GHG emissions,
but EPA estimated that 1,600 new or modified facilities will need to address whether they have
the best available control technology for limiting emissions. 65 Smaller businesses, almost all
farms, and large residential structures (about 6 million sources in all these categories), which
62

U.S. Environmental Proteetion Ageney, U.S. Department of Transportation, "Light-Duty Vehicle Greenhouse Gas
Emission Standards and Corporate Average Fuel Economy Standards; Final Rule," 75 Federal Register 25324-25728,
May 7, 2010. Information on benefits and costs are summarized in an April 2010 EPA Fact Sheet, at
http://www.epa.gov/oms/climate/regulations/420fl 0014.pdf.

63

U.S. Environmental Protection Agency, U.S. Department of Transportation, "201 7 and Later Model Year Light-Duty
Vehicle Greenhouse Gas Emissions and Corporate Average Fuel Economy Standards; Final Rule," 77 Federal Register
62624, October 15, 2012. A link to the rule and other information, including a Fact Sheet, is available at
http://www.epa.gov/ otaq/ climate/regs-light-duty .htm#new 1.
64

U.S. Environmental Protection Agency, "Prevention of Significant Deterioration and Title V Greenhouse Gas
Tailoring Rule; Final Rule," 75 Federal Register 31514, June 3, 2010.
65

EPA reported, however, that in the first 11 months of the program, only 68 permit applications were received. See
U.S. EPA, Prevention of Significant Deterioration and Title V Greenhouse Gas Tailoring Rule Step 3, GHG Plantwide
Applicability Limitations and GHG Synthetic Minor Limitations, Proposed Rule, 77 Federal Register 14233, March 8,
2012.

would otherwise be required to obtain permits once GHGs became regulated pollutants under the
act, are excluded by the rule's threshold limits and thus are shielded from permitting requirements
by this rule. This rule was also challenged in Coalition for Responsible Regulation. The D.C.
Circuit dismissed the challenge June 26, 2012. For additional information, contact Jim McCarthy
(7-7225, jmccarthy@crs.loc.gov).
PSD and Title V Permit Requirements for GHG Emissions. Beginning on January 2, 2011,
new and modified major stationary sources that emit more than 75,000 tons per year ofCOr
equivalent greenhouse gases were required to obtain Prevention of Significant Deterioration
(PSD) permits addressing their GHG emissions. These permits, which are mandated under
Section 165 of the Clean Air Act, require the applicants to install the Best Available Control
Technology (BACT) in order to construct or operate new and modified major sources of
emissions. State permitting authorities determine what technologies qualify as BACT on a caseby-case basis, using generic guidance issued by EPA on November 10, 2010. 66 The PSD/BACT
requirement initially applied only to facilities such as power plants large enough to already be
required to obtain PSD permits as a result of their emissions of other pollutants such as sulfur
dioxide or nitrogen oxides. What was new starting January 2, 2011, was the addition of GHGs to
the list of pollutants that must be addressed by BACT. On July 1, 2011, Step 2 of the
requirements took effect: under Step 2, all new and modified sources emitting more than the
threshold amounts of GHGs are required to obtain permits, whether or not they would be required
to do so because of emissions of other pollutants.
Existing sources that are already required to obtain operating permits under Title V of the act will
also have to provide information on their GHG emissions. EPA notes that the Title V requirement
will generally be satisfied by referencing information already provided to EPA under the GHG
reporting rule (Item 1, above). Title V permits do not impose emission control requirements
themselves; they simply summarize emission control requirements mandated by other sections of
the Clean Air Act. Thus, the only change to Title V permits will be the addition of GHGs to the
list of pollutants that the facilities are allowed to emit. For additional information on PSD and
Title V permits for GHG emissions, contact Jim McCarthy (7-7225, jmccarthy@crs.loc.gov).

Medium- and Heavy-Duty Vehicle Greenhouse Gas Rule. On September 15, 2011, EPA and
the National Highway Traffic Safety Administration (NHTSA) promulgated integrated GHG
emission standards and fuel economy standards for medium- and heavy-duty vehicles. 67 EPA's
endangerment finding (Item 2, above) specifically referenced medium- and heavy-duty trucks as
among the sources that contribute to the GHG emissions for which it found endangerment. In
addition, NHTSA was required by Section 102 of the Energy Independence and Security Act of
2007 (EISA, P.L. 110-140) to promulgate fuel economy standards for medium- and heavy-duty
trucks, reflecting the "maximum feasible improvement" in fuel efficiency. The standards will be
phased in between 2014 and 2018. When fully implemented, they will require an average per
vehicle reduction in GHG emissions of 17% for diesel trucks and 12% for gasoline-powered
trucks. The expected cost increase for the 2014-2018 vehicles affected by the rule is $8.1 billion.
EPA projects benefits of $57 billion over the trucks' lifetimes, including $50 billion in fuel
66

U.S. Environmental Proteetion Agency, Office of Air Quality Planning and Standards, "PSD and Title V Permitting
Guidance for Greenhouse Gases," November 2010 (subsequently revised, March 2011), at http://www.epa.gov/nsr/
ghgdocs/ghgpermittingguidance.pdf.
67
U.S. Environmental Protection Agency, U.S. Department of Transportation, "Greenhouse Gas Emissions Standards
and Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and Vehicles; Final Rules," 76 Federal Register
57106, September 15, 2011.

savings. In the President's June 25, 2013, Climate Action Plan, he committed to a second round of
fuel efficiency and GHG emission standards for post-2018 heavy duty vehicles. For additional
information, contact Brent Yacobucci (7-9662, byacobucci@crs.loc.gov).
NSPS for Petroleum Refineries. On December 23, 2010, EPA announced that it was settling a
lawsuit filed by 11 states, two municipalities, and three environmental groups over its 2008
decision not to establish New Source Performance Standards (NSPS) for GHG emissions from
petroleum refineries. According to the agency, refineries are the second-largest direct stationary
source ofGHGs in the United States and there are cost-effective strategies for reducing these
emissions. Under the settlement, the agency agreed to propose NSPS for new refinery facilities
and emissions guidelines for existing facilities by December 10, 2011, and to make a final
decision on the proposed actions by November 10, 2012. As of this writing (July 2013), the
standards have not been proposed. Action on the standards was not mentioned in the President's
June 2013 Climate Action Plan. For additional information, contact Jim McCarthy (7-7225,
jmccarthy@crs.loc.gov).

Ambient Air Quality Standards


Particulate Matter (including "Farm Dust") NAAQS. EPA considers particulate matter (PM)
to be among the most serious air pollutants, responsible for tens of thousands of premature deaths
annually. The current NAAQS sets standards for both "fine" particulates (PM 25) and larger,
"coarse" particles (PM 10). The PM 2.5 standards affect far more people and far more counties than
the standard for PM 10, and both sets of standards have affected mostly industrial, urban areas.

EPA completed a review of the PM NAAQS in 2006. The agency is required by the Clean Air Act
to review NAAQS at five-year intervals, so another review was due in 2011. As the review
process was getting underway, in February 2009, the D.C. Circuit Court of Appeals remanded the
2006 standard for PM 2.5 to EPA, saying that the standard was "contrary to law and unsupported by
adequately reasoned decisionmaking."68 As a result, EPA combined the statutory five-year review
of the standard and its response to the D.C. Circuit decision, completing a review of the PM
standard that served both purposes in January 2013. 69 The review left the standard for coarse
particles unchanged, as well as the standard for 24-hour exposures to PM 25 . But it lowered the
standard for annual exposures to PM 25 , as suggested by the agency's outside scientific advisers,
from 15 micrograms per cubic meter to 12.
Although this appears to be a significant strengthening of a standard that potentially affects a
wide array of mobile and stationary sources, EPA projects the incremental cost of the revision at a
relatively modest $53 million to $350 million annually. The cost of compliance with the PM
NAAQS is moderated by the fact that other EPA standards (for various emission sources) are
reducing exposures to PM2. 5 even without a strengthening of the ambient standard. Annual
benefits of the more stringent NAAQS were estimated to range from $4.0 billion to $9. l billion.
In the l 12th Congress, attention to PM issues focused on the larger, coarse particles, PM 10, even
though EPA did not propose to change them. Members of the House and Senators discussed the
68

69

American Farm Bureau Fed'n v. EPA, 559 F.3d 512 (D.C. Cir. 2009).

U.S. Environmental Proteetion Ageney, "National Ambient Air Quality Standards for Particulate Matter; Final
Rule," 78 Federal Register 3086, January 15, 2013. A link to the standards and other supporting materials ean be found
at http://www.epa.gov/pm/aetions.html.

need to prevent a supposed EPA plan to use the revision of the PM 10 standard to impose controls
on "farm dust." The House passed legislation to prevent EPA from tightening standards for PM 10
for one year and to permanently limit EPA'sauthority to regulate dust in rural areas. EPA stated
early in the PM review process that it did not intend to change the PM 10 standard, and the final
revision made no change. For additional information, contact Rob Esworthy (7-7236,
resworthy@crs.loc.gov).
70

71

Sulfur Dioxide NAAQS. Three other NAAQS reviews (for sulfur dioxide, nitrogen dioxide,
and carbon monoxide) were completed in 2010 and 2011. Of these, only the sulfur dioxide (S0 2)
NAAQS is considered an economically significant rule. 72 EPA estimated the cost of the more
stringent S0 2 NAAQS at $1.5 billion annually, with benefits 9-24 times that amount. For
additional information, contact Jim McCarthy (7-7225, jmccarthy@crs.loc.gov).

Electric Generating Units


Cross-State Air Pollution (Clean Air Transport) Rule. EPA'smajor clean air initiative under
the Bush Administration, the Clean Air Interstate Rule (CAIR), was remanded to the agency by
the D.C. Circuit Court of Appeals in 2008. EPA promulgated a replacement, the Cross-State Air
Pollution Rule, August 8, 2011.73 The original rule, designed to control emissions of air pollution
that causes air quality problems in downwind states, established cap-and-trade programs for
sulfur dioxide and nitrogen oxide emissions from coal-fired electric power plants in 28 eastern
states, at an estimated annual cost of $3 .6 billion in 2015. The replacement rule also applies to 28
states; it allows unlimited intrastate allowance trading, but limits interstate trading in response to
the D.C. Circuit decision; its annual compliance cost was estimated at $800 million annually in
2014, on top of $1.6 billion already being spent to comply with CAIR. EPA estimates the benefits
of the rule at $120 billion to $280 billion annually, chiefly the avoidance of 13,000 to 34,000
annual premature deaths. Numerous parties petitioned the D.C. Circuit for review of the CrossState rule, and the court stayed its implementation pending the completion of the court's
proceedings. On August 21, 2012, the court vacated the standards and remanded them to EPA. In
June 2013, the Supreme Court agreed to review the D.C. Circuit decision. Because of the earlier
CAIR requirements, which remain in effect pending their replacement and, more recently,
because power companies have replaced substantial amounts of coal-fired generation with
cheaper (and cleaner) natural-gas-fired units, electric generators had already achieved more than
two-thirds of the pollution reductions necessary to comply with the 2014 standards by 2012. For
additional information, contact Jim McCarthy (7-7225, jmccarthy@crs.loc.gov).

70

U.S. Environmental Proteetion Ageney, "Primary National Ambient Air Quality Standard for Sulfur Dioxide; Final
Rule," 75 Federal Register 35520, June 22, 2010.

71

U.S. Environmental Proteetion Ageney, "Primary National Ambient Air Quality Standards for Nitrogen Dioxide;
Final Rule," 75 Federal Register 6473, February 9, 2010.

72
The ageney eoneluded that the nitrogen dioxide NAAQS, even though it was strengthened, would have no eosts or
benefits, sinee the ageney projeeted no areas to be nonattainment for the revised standard. The ageney deeided not to
ehange the earbon monoxide NAAQS, so there were no eosts or benefits assoeiated with that review, either.

73

U.S. Environmental Proteetion Ageney, "Federal Implementation Plans: Interstate Transport of Fine Partieulate
Matter and Ozone and Correetion of SIP Approvals," 76 Federal Register 48208, August 8, 2011. Explanatory material
ean be found at http://www.epa.gov/erossstaterule/aetions.html. The rule was generally referred to as the Clean Air
Transport Rule prior to being finalized.

Mercury and Air Toxics Standards I MACT for Electric Generating Units ("Utility
MACT"). In 2005, EPA promulgated regulations establishing a cap-and-trade system to limit
emissions of mercury from coal-fired power plants. The rules were challenged, and the D.C.
Circuit Court of Appeals vacated them in 2008. Rather than appeal the ruling to the Supreme
Court, EP Aagreed to propose and promulgate Maximum Achievable Control Technology
(MACT) standards by the end of 2011. EPA states that the standards for existing units,
promulgated February 16, 2012, 74 can be met by 56% of coal- and oil-fired electric generating
units using pollution control equipment already installed; the other 44% would be required to
install technology that will reduce uncontrolled mercury and acid gas emissions by about 90%, at
an annual cost of $9.6 billion. Standards for new facilities are more stringent, and many
(including the industry that manufactures pollution control and monitoring equipment), doubted
whether compliance with the mercury portion of these standards could be measured. In response
to industry petitions, EPA reconsidered the mercury limit for new facilities, and announced
changes to the standards for new facilities on March 29, 2013.

EPA estimates that the annual benefits of the Utility MACT, including the avoidance of up to
11,000 premature deaths annually, will be between $37 billion and $90 billion. Existing power
plants will have until 2015, with a possible one-year extension, to meet the standards. About 20
states have already established mercury emission control standards for coal-fired power plants,
and other major sources have been controlled for as long as 15 years, reducing their emissions as
much as 95%. For additional information, contact Jim McCarthy (7-7225,
jmccarthy@crs.loc.gov).

Boilers and Incinerators


MACT and Area Source Standards for Boilers. EPA proposed Maximum Achievable Control
Technology standards to control emissions of toxic air pollutants from commercial and industrial
boilers in June 2010. A final rule was issued February 21, 2011, under a court order by the
Federal District Court for the District ofColumbia. 75 Because of voluminous comments and new
information received from industry during a public comment period, EP Ahad asked the court to
extend the deadline for promulgating final standards to April 2012. Having been denied that
extension, the agency initiated a reconsideration after it released the final rule, and it promulgated
changes to the rule on January 31, 2013. 76 In addition to adjusting the rule's emission standards,
the January 2013 rule reset the clock for compliance, effectively giving industry almost two
additional years to install control equipment.

Boilers are used throughout industry and in many commercial and institutional facilities. The
D.C. Circuit vacated EPA'sprevious MACT rule for this category in 2007, saying EPAhad
74

U.S. Environmental Proteetion Agency, "National Emission Standards for Hazardous Air Pollutants from Coal and
Oil-Fired Electric Utility Steam Generating Units and Standards of Performance for Fossil-Fuel-Fired Electric Utility,
Industrial-Commercial-Institutional, and Small Industrial-Commercial-Institutional Steam Generating Units," 77
Federal Register 9304, February 16, 2012.
75

The final rule appeared in the Federal Register March 21, 2011. U.S. Environmental Protection Agency, "National
Emission Standards for Hazardous Air Pollutants for Major Sources: Industrial, Commercial, and Institutional Boilers
and Process Heaters; Final Rule," 76 Federal Register 15608, March 21, 2011.
76

U.S. Environmental Protection Agency, "National Emission Standards for Hazardous Air Pollutants for Area
Sources: Industrial, Commercial, and Institutional Boilers; Final Rule; Notice of Final Action on Reconsideration," 78
Federal Register 7138, January 31, 2013.

wrongly excluded many industrial boilers from the definition of solid waste incinerators, which
have more stringent emissions requirements under the Clean Air Act. The vacated rule had
estimated annual costs of $83 7 million, with a benefit-cost ratio of about 20 to 1. The January
2013 rule will set more stringent standards. It will affect about 14,000 boilers, according to the
agency, with annual costs estimated at $1.2 billion and benefits of $25 billion to $67 billion
annually, including the avoidance of3,100 to 7,900 premature deaths.
EPA also promulgated what are called "area source" standards for smaller boilers at the same time
as the MACT.77 The area source standards would affect 183,000 boilers, most of which would
only be required to perform a tune-up every two to five years to comply with the regulations. EPA
estimated the net cost of the area source rule to be $490 million annually, with partial benefits
ranging from $210 million to $520 million annually. For additional information, contact Jim
McCarthy (7-7225, jmccarthy@crs.loc.gov).
Commercial and Industrial Solid Waste Incinerator ( CISWI) Standards. A third regulation
promulgated and reconsidered at the same time as the boiler MACT and area source boiler rules
sets standards for emissions from commercial and industrial solid waste incinerators. 78 These
standards are related to the D.C. Circuit's remand of the boiler rules in 2007; they also faced a
judicial deadline of February 21, 2011, and after being promulgated, were also reconsidered in
early 2013. As reconsidered, the rules would expand the number of existing facilities subject to
the more stringent CISWI standards from 20 to 106, with annual costs of $271 million, according
to EPA, and benefits of $3 80 million-$1 billion annually. For additional information, contact Jim
McCarthy (7-7225, jmccarthy@crs.loc.gov).

Other Clean Air Act Rules


Ethanol Blend Wall Waiver. Section 21 l(f) of the Clean Air Act effectively limits the amount of
oxygen in gasoline unless EPA issues a waiver. Since ethanol contains oxygen, an increase in the
ethanol content of gasoline offered for sale can only occur if EPA issues such a waiver. EPA may
issue a waiver if the agency determines that the fuel or fuel additive will not cause or contribute
to the failure of any emission control device or system used by vehicle manufacturers to achieve
compliance with emission standards under the act.

On March 6, 2009, Growth Energy (on behalf of 52 U.S. ethanol producers) applied to EP Afor a
waiver from the then-current regulation limiting the ethanol content in gasoline to a maximum of
10% (ElO). The application requested an increase in the maximum concentration to 15% (E15). A
complete waiver would allow the use of significantly more ethanol in gasoline than has been
permitted under the Clean Air Act. Limiting ethanol content to 10% leads to an upper bound of
roughly 15 billion gallons of ethanol in all U.S. gasoline. This "blend wall" could limit the fuel
industry's ability to meet the Energy Independence and Security Act's future requirements to use
increasing amounts ofrenewable fuels (including ethanol) in transportation.
77

U.S. Environmental Proteetion Ageney, "National Emission Standards for Hazardous Air Pollutants for Area
Sourees: Industrial, Commereial, and Institutional Boilers; Final Rule," 76 Federal Register 15554, Mareh 21, 2011.
Final aetion on reeonsideration appeared in the February I, 2013, Federal Register (78 FR 7488).

78

The 2011 standards were: U.S. Environmental Proteetion Ageney, "Standards of Performanee for New Stationary
Sourees and Emission Guidelines for Existing Sourees: Commereial and Industrial Solid Waste Ineineration Units;
Final Rule," 76 Federal Register 15704, Mareh 21, 2011. The notiee of final aetion on reeonsideration is at 78 Federal
Register 9112, February 7, 2013.

On November 4, 2010, EPAgranted a partial waiver allowing the use ofE15 in Model Year(MY)
2007 vehicles and newer. 79 The agency delayed a decision on MY2001-2006 vehicles until the
Department of Energy completed testing of those vehicles. On January 21, 2011, EPAannounced
that the waiver would be expanded to include MY2001-2006 vehicles. 80 EPA determined that data
were insufficient to address concerns that had been raised over emissions from MY2000 and
older vehicles, as well as heavy-duty vehicles, motorcycles and nonroad applications, and thus a
waiver for these vehicles/engines was denied.
EPA has noted that granting the waiver eliminates only one impediment to the use ofE15-other
factors, including retail and blending infrastructure, state and local laws and regulations, and
manufacturers' warranties, would still need to be addressed. Because of concerns over potential
damage by E 15 to equipment not designed for its use, this partial waiver has been challenged in
court by a group of vehicle and engine manufacturers, although that case was dismissed because
none of the petitioners had been injured in fact. 81 On June 23, 2011, EPA issued final rules,
including new labeling requirements, to prevent the accidental use ofE15 in vehicles and engines
not approved for its use.
Because of various factors, expansion ofE15 supply has been slow. As of late March 2013, only
13 stations in three states (Iowa, Kansas, and Nebraska) had begun selling EIS for use in
conventional vehicles. Further, only three automakers have affirmed that El5 may be used in their
vehicles without voiding warranties. 82
In the first quarter of 2013, prices for RFS blending credits (Renewable Identification Numbers,
or RINs) increased dramatically (from roughly $0.08 per gallon in early January to over $1.00 per
gallon in mid-March). The causes of this increase are unclear, but may be driven in part by
concerns from fuel suppliers that the industry is approaching the blend wall and that RINs may be
in short supply. After the mid-March high, RIN prices dropped somewhat, to roughly $0. 70 per
gallon in early April. For additional information, contact Brent Yacobucci (7-9662,
byacobucci@crs.loc.gov).
Portland Cement Manufacturing. On September 9, 2010, EPA promulgated New Source
Performance Standards (NSPS) for conventional pollutants from new cement kilns and Maximum
Achievable Control Technology (MACT) standards for hazardous air pollutants from both
existing and new cement kilns. 83 When fully implemented in late 2013, the standards would have
required a 92% reduction in emissions of both particulate matter and mercury and a 97%
79

U.S. Environmental Proteetion Ageney, "Partial Grant and Partial Denial of Clean Air Aet Waiver Applieation
Submitted by Growth Energy to Inerease the Allowable Ethanol Content of Gasoline to IS Pereent; Deeision of the
Administrator; Notiee," 7S Federal Register 68094-681SO,November4, 2010.
80

U.S. Environmental Proteetion Ageney, "Partial Grant of Clean Air Aet Waiver Applieation Submitted by Growth
Energy to Inerease the Allowable Ethanol Content of Gasoline to IS Pereent; Deeision of the Administrator," 76
Federal Register 4662, January 26, 2011.
81

Groeery Mfrs. Ass'n v. EPA, 693 F.3d 169 (D.C. Cir. 2012).

82

For example, General Motors has approved the use of E 1S in its model year (MY) 2012 and later vehieles, while
Ford has approved EIS for MY2013 and later vehieles. Porsehe approves the use of EIS in MY2001 and later ears.
Robert L. Darbelnet, President and CEO, Ameriean Automobile Assoeiation, "Suspend Sale of El S Gasoline," The
Hill, Deeember 13, 2012.
83

U.S. Environmental Proteetion Ageney, "National Emission Standards for Hazardous Air Pollutants from the
Portland Cement Manufaeturing Industry and Standards of Performanee for Portland Cement Plants; Final Rule," 7S
Federal Register S4970, September 9, 2010.

reduction in emissions of acid gases, according to EPA, as well as controlling other pollutants.
EPA had previously issued emission standards for this industry in 1999, but the standards were
challenged in court and remanded to the agency by the D.C. Circuit Court of Appeals. The new
rules reflect EPA'sreconsideration of the standards.
The agency estimated that it would cost the industry $350 million annually to comply with the
2010 standards, but that benefits (including the avoidance of 960 to 2,500 premature deaths in
people with heart disease) would be worth $6. 7 billion to $18 billion annually. The trade
association representing the industry said the standards would cause some facilities to close. On
December 9, 2011, the D.C. Circuit Court of Appeals remanded the 2010 standards to EPA for the
agency to reconsider emission standards for kilns that use solid waste as fuel. The court did not
stay implementation of the 2010 standards, but EPA, in proposing changes to the particulate
portion of the standards on June 25, 2012, announced its intention to give the industry an
additional two years to comply, with a third year available if needed. The changes are estimated
to reduce industry costs by $52 million annually, compared to the 2010 rule. EPA finalized these
changes, February 12, 2013. 84
Further regulation of this industry, which is the third highest stationary U.S. source of carbon
dioxide emissions, has been under consideration: when EPA promulgated the rule in September
2010, it stated in the rule's preamble to the rule that it is "working towards a proposal for GHG
standards" for these plants. 85 It is uncertain when such a rule might be proposed: action on these
standards was not mentioned in the President's June 2013 Climate Action Plan. For additional
information, contact Jim McCarthy (7-7225, jmccarthy@crs.loc.gov).
Stationary Internal Combustion Engines. EPA set standards for both compression-ignition86
(generally diesel) and spark ignition (generally gasoline) stationary engines 87 in 2010. The agency
subsequently amended the rules on January 30, 2013. 88 The regulations would affect stationary
engines, such as emergency power generators used by hospitals and other sources and electric
power generators used for compressors and pumps by a wide array of industrial, agricultural, and
oil and gas industry sources. The rules are referred to as the RICE (Reciprocating Internal
Combustion Engine) rules. They apply to engines that meet specific siting, age, and size criteria
(generally engines of 500 horsepower or less). EPA estimates that more than 1.2 million engines
will be affected by the regulations. Depending on the type of engine, owners will have to install
pollution control equipment or follow certain work practice standards, such as burning low sulfur
fuel or performing oil changes and inspections. EPA estimated that the health benefits of the two
rules will be between $1.45 billion and $3.5 billion annually in 2013. Annualized costs for the
rules were estimated to be $626 million in 2013. EPA states that the 2013 amendments will
reduce the annualized costs by $139 million (to $487 million). The amendments were issued in
response to a suit by the Engine Manufacturers Association. The most controversial of the
amendments allows backup generators to operate for up to 100 hours per year during emergency
or peak power use periods without being subject to emission limits, although they will need to use
84

78 Federal Register 10006, February 12, 2013.

85

Ibid., p. 54997.

86

U.S. Environmental Proteetion Ageney, "National Emission Standards for Hazardous Air Pollutants: Reeiproeating
Internal Combustion Engines; Final Rule," 75 Federal Register 9648, Mareh 3, 2010.
87

U.S. Environmental Proteetion Ageney, "National Emission Standards for Hazardous Air Pollutants for
Reeiproeating Internal Combustion Engines; Final Rule," 75 Federal Register 51570, August 20, 2010.

88

78 Federal Register 6674, January 30, 2013.

low sulfur fuel beginning in 2015. For additional information, contact Jim McCarthy (7-7225,
jmccarthy@crs.loc.gov).
Ocean-Going Ships. EPA took two steps to control emissions from ocean-going ships in 2009
and 2010. It promulgated emission standards for new marine engines 89 and it proposed the
establishment of Emission Control Areas (ECAs) extending 200 nautical miles off most U.S.
shores. 90 In the ECAs, which received final approval in March 2010, both U.S. and foreign ships
were required to use low sulfur fuel, beginning in 2012. In both cases, the actions reflect
international standards that the United States and other maritime nations have agreed to under the
International Convention for the Prevention of Pollution from Ships (MARPOL). EPA estimated
the cost of these two initiatives at over $3 billion annually by 2030, mostly attributable to the
cleaner fuel requirement. The agency also estimated that monetized benefits of the requirements
will exceed costs by more than 30 to l. The ECAs and the new standards were supported by both
industry and environmental groups, and have been extended to cover the U.S. Caribbean,
beginning in 2014. In July 2012, however, controversy arose over the requirement that ships in
Alaskan waters use low sulfur fuel, with the state of Alaska filing suit to block implementation of
the fuel requirement. For additional information, contact Jim McCarthy (7-7225,
jmccarthy@crs.loc.gov).
Flares and Process Heaters at Petroleum Refineries. On September 12, 2012, EPA
promulgated amendments to New Source Performance Standards for flares and process heaters at
petroleum refineries. 91 The amendments are the result of the agency's reconsideration of
standards it promulgated on June 24, 2008. The agency estimates that the reconsidered rules will
have capital costs of $460 million, but will result in savings to the industry of $79 million per
year, while resulting in monetized benefits of $240 million to $580 million annually, principally
from the avoided health impacts caused by reduced emissions of sulfur dioxide and nitrogen
oxides. For additional information, contact Jim McCarthy (7-7225, jmccarthy@crs.loc.gov).
Mercury Cell Chlor-Alkali MACT Standards. In December 2003, EPA promulgated MACT
standards for emissions of hazardous air pollutants from plants that manufacture chlorine using
the mercury cell chlor-alkali process. This is an old technology that has been phased out by 95%
of the chlorine industry. At the time of the rule's promulgation, there were 12 plants still using the
technology; but as of late 2012, there were only four, two of which were expected to close by
early 2013.

EPA was asked to reconsider the 2003 standards by the Natural Resources Defense Council
(NRDC), and it agreed to do so. NRDC argues that EPA should have required the remaining
chlor-alkali plants to switch to newer technology that does not use mercury. After developing new
data on the costs of converting plants to non-mercury technology, EPA proposed revised
standards on June 11, 2008. The revised standards would not have required the technology
switch, but would have required more stringent work practice requirements.
89

U.S. Environmental Protection Agency, "Control of Emissions from New Marine Compression-Ignition Engines at
or Above 30 Liters per Cylinder; Final Rule," 75 Federal Register 22896, April 30, 2010.
90

International Maritime Organization, Marine Environmental Protection Committee, "Proposal to Designate an


Emission Control Area for Nitrogen Oxides, Sulphur Oxides and Particulate Matter, Submitted by the United States
and Canada," April 2, 2009, at http://www.epa.gov/oms/regs/nonroad/marine/ci/mepc-59-eca-proposal.pdf.
91

U.S. Environmental Protection Agency, "Standards of Performance for Petroleum Refineries; Performance Standards
for Petroleum Refineries for Which Construction, Reconstruction, or Modification Began After May 14, 2007," 77
Federal Register, 56422, September 12, 2012.

As a result of comments on the June 2008 proposal, the agency proposed a supplement to that
proposal on March 14, 2011.92 The 2011 supplement contains two options: the first would require
the elimination of mercury emissions, effectively requiring conversion to non-mercury-cell
technology. The second option would require a strengthening of work practices (as proposed in
2008) to reduce (but not eliminate) emissions. EPA estimated the annual compliance costs of
Option 1 at $13 million, with benefits ranging from $21 million to $43 million, but it conceded
that there is still uncertainty regarding numerous facets of the cost analysis, and it requested
further comments. Option 2 was estimated to have annual costs of$25,000, with no monetized
benefits. For additional information, contact Jim McCarthy (7-7225, jmccarthy@crs.loc.gov).

Clean Water Act


Pesticide Application General Permit. EPA has developed a Clean Water Act (CWA) general
permit to control pesticides that are applied to waters of the United States, such as aerial
application of insecticide to control mosquitoes. The general permit was issued on October 31,
2011, in response to a 2009 federal court decision that invalidated a 2006 EPA rule, which had
codified the agency's long-standing view that pesticide applications that comply with federal
pesticides law do not require CWA permits. 93 The estimated universe of affected activities is
approximately 5.6 million applications annually, which are performed by 365,000 applicators, in
four use patterns: mosquito and other flying insect pest control, aquatic weed and algae control,
aquatic nuisance animal control, and forest canopy pest control. The permit requires all operators
covered by the permit to minimize pesticide discharges to waters by practices such as using the
lowest amount of pesticide product that is optimal for controlling the target pest. It also requires
operators to prepare plans to document their pest management practices. Under OMB's criteria,
the permit is not a significant rule, but is "economically significant."94 Meanwhile, in the 1131h
Congress, legislation intended to overturn the court's 2009 ruling by exempting aerial pesticide
application activities from clean water permit requirements has been introduced (H.R. 935, S.
175, and S. 802). The text ofH.R. 935 also was included as a provision of2013 farm bill
legislation approved by the House Agriculture Committee (H.R. 2642) on July 11, 2013. The
Senate-passed farm bill (S. 954) in the l l31h Congress contains no similar provision. 95 For
additional information, contact Claudia Copeland (7-7227, ccopeland@crs.loc.gov).
Florida Nutrient Water Quality Standards. The CWAdirects states to adopt water quality
standards for their waters and authorizes EPA to promulgate new or revised standards if a state's
actions fail to meet CWA requirements. Water quality standards consist of designated uses,
92

U.S. Environmental Proteetion Ageney, "National Emission Standards for Hazardous Air Pollutants: Mereury
Emissions from Mereury Cell Chlor-Alkali Plants; Supplemental Proposed Rule," 76 Federal Register 13852, Mareh
14,2011.

93

U.S. Environmental Proteetion Ageney, "Final National Pollutant Diseharge Elimination System (NPDES) General
Permit for Point Souree Diseharges from the Applieation of Pestieides; Notiee of final permit," 76 Federal Register
68750-68756, November7, 2011.
94

"Signifieant" rules are a broader OMB eategory that ineludes not only the eeonomieally signifieant (i.e., primarily
those with an annual effeet on the eeonomy of$100 million or more), but also rules that "ereate a serious ineonsisteney
or otherwise interfere with an aetion taken or planned by another ageney"; "materially alter the budgetary impaet of
entitlements, grants, user fees, or loan programs or the rights and obligations ofreeipients thereof'; or "raise novel
legal or poliey issues arising out oflegal mandates, the President's priorities, or the prineiples set forth" in Exeeutive
Order 12866.
95

For additional information, see CRS Report RL32884, Pesticide Use and Water Quality: Are the Laws
Complementary or in Conflict?, by Claudia Copeland.

criteria to protect the designated uses, and an antidegradation statement. They serve as the
framework for pollution control measures specified for individual sources. Because of severe
water quality impairment of Florida waters by nutrients (nitrogen and phosphorus) from diverse
sources including agriculture and livestock, municipal and industrial wastewater discharges, and
urban stormwater runoff, EPA determined in 2009 that Florida's existing narrative water quality
standards for nutrients must be revised in the form of numeric criteria that will enable Florida to
better control nutrient pollution. In 2009 EPA entered into a consent decree with environmental
litigants requiring the agency to promulgate numeric nutrient water quality standards for Florida.
To meet the legal deadline, EPA promulgated the first phase of these standards, called the "inland
waters rule," on December 5, 2010. Water quality standards do not have the force oflaw until the
state translates them into permit limits or otherwise imposes pollution control requirements on
dischargers. The rule would not establish any requirements directly applicable to regulated
entities or other sources of nutrient pollution.
The 2010 rule has not gone into effect, because, in response to criticism of the standards, EPA
delayed the effective date of the rule to allow local governments, businesses, and the state of
Florida time to review the standards and develop implementation strategies. While few dispute
the need to reduce nutrients in Florida's waters, EPA's2010 rule has been controversial, involving
disputes about the data underlying the proposal, potential costs of complying with numeric
standards when they are incorporated by the state into discharge permit limitations, and disputes
over administrative flexibility. EPA has said all along that it prefers that Florida implement its
own numeric nutrient water quality criteria, and in June 2012 the state submitted revised
standards with numeric nutrient criteria. In response, EPA indicated to the state that the agency
likely would approve the standards, at which time the agency would initiate administrative action
to repeal the 2010 federal rule. EPA'sdeadline for issuing the second phase of standards, for
estuaries, coastal waters, and flowing waters in the South Florida Region, also was extended
several times to allow the state to develop its own standards.
In March 2013, EPAand the state reached agreement in principle on steps that will put the state in
charge of determining numeric limits on nutrient pollution in Florida waterways. Groundwork for
the agreement was laid in November 2012 when EPA approved the state's June 2012 submission
for lakes, rivers, streams, and some estuaries. Florida agreed to move forward with rulemaking
and legislation to complete the job of setting numeric nutrient criteria for Florida waterways. In
response to the state's actions, EPA approved the state's implementation plan for controlling
nutrient pollution in Florida waters and agency petitioned the federal court in Florida to allow it
to approve the state's water quality standards, although they lack numeric criteria. If the court
agrees to amend the consent decree, EPA obligations to directly oversee the state's nutrient
regulations would end, including issuing numeric nutrient standards under the second phase of
rulemaking. 96 Environmental groups have criticized EP A'sapproval of the standards that Florida
has adopted, saying that EPA' sactions are inconsistent with its 2009 determination that numeric
criteria are necessary to protect Florida's waters. For additional information, contact Claudia
Copeland (7-7227, ccopeland@crs.loc.gov).
Chesapeake Bay TMDL. Pursuant to a court-ordered schedule, EPAhas developed a plan, called
a Total Maximum Daily Limit (TMDL), to restore nutrient-impaired waters of the Chesapeake
Bay. The TMDL is required because jurisdictions in the Chesapeake Bay watershed have failed to
meet deadlines to attain water quality goals for the Bay, thus triggering Clean Water Act
96

For additional information, see http://water.epa.gov/lawsregs/rulesregs/florida_index.cfm.

requirements that the federal government must develop a plan to do so. The TMDL is not a
regulation. A TMDL represents the maximum amount of a pollutant that a body of water may
receive and still meet its water quality standards. 97 Individual actions needed to meet the overall
pollutant limits specified in the TMDL, such as discharge permit limits or other controls, are to be
developed by the Chesapeake Bay jurisdictions in Watershed Implementation Plans. The
Chesapeake Bay TMDL is the largest ever developed by EPA or any state, since it will apply to
all impaired waters of the 64,000 square miles of the six states in the Bay watershed. On
December 29, 2010, EPA issued the TMDL. 98 Pursuant to the schedule of steps in the TMDL,
jurisdictions are now developing specific plans called Watershed Implementation Plans (WIPs ),
which outline the types of controls and best management practices that will be used to reduce
pollution in the Bay. EPA approved the first phase WIPs in December 2010, and also has
reviewed the jurisdictions' Phase II WIPs, which provide greater detail about pollutant reductions
planned through the year 2017. The TMDL has been controversial with agricultural and other
groups that are concerned about the likely mandatory nature of many ofEPA'sand states'
upcoming actions. In September 2013, a federal court upheld the TMDL, in a lawsuit filed by the
American Farm Bureau Federation that had challenged EPA'sauthority to set pollution limits in
the multistate plan. For additional information, contact Claudia Copeland (7-7227,
ccopeland@crs.loc.gov).
Airport Deicing Effluent Limitations Guidelines and New Source Performance Standards.
In April 2012, EPA promulgated regulations under the CWA to limit water pollution from aircraft
and airport runway deicing operations. 99 The rule is intended to limit runoff of deicing fluid,
because it contains urea and other contaminants that contribute to low oxygen levels in streams,
which can cause fish kills, algal blooms, and contamination of surface water or groundwater. The
rule, which had been under development for several years and was proposed in 2009, is part of
ongoing EPA activities under the CWA to regulate wastewater discharges from categories of
industries through new and revised effluent limitations guidelines. EPA estimated that the final
rule will reduce the volume of deicing-related pollutants by 16.4 million pounds at a cost of$3.5
million annually. Those estimates are substantially less than the 44.6 million pounds of pollutants
estimated in the proposed rule, which was projected to cost the industry $91.3 million annually.
EPA estimates that the final rule will apply to 198 existing airports. For additional information,
contact Claudia Copeland (7-7227, ccopeland@crs.loc.gov).
Oil Spill Prevention, Control, and Countermeasure Requirements, including deadline
extension for farms and exemption for milk storage. To prevent the discharge of oil from
onshore and offshore facilities, EPA issued CWA regulations for spill prevention control and
countermeasure (SPCC) plans in 1973. 100 SPCC plans apply to owners or operators of certain
non-transportation-related facilities. In general, SPCC plans focus on oil spill prevention,
requiring, for example, secondary containment (e.g., dikes or berms) for oil-storage equipment.

97

For additional information, see CRS Report R42752, Clean Water Act and Pollutant Total Maximum Daily Loads
(TMDLs), by Claudia Copeland.

98

Notice of the TMDL appeared in the Federal Register January 5, 2011. U.S. Environmental Protection Agency,
"Clean Water Act Section 303(d): Notice for the Establishment of the Total Maximum Daily Load (TMDL) for the
Chesapeake Bay," 76 Federal Register 549-550, January 5, 2011.
99

U.S. Environmental Protection Agency, "Effluent Limitations Guidelines and New Source Performance Standards
for the Airport Deicing Category; Final rule," 77 Federal Register 29168-29205, May 16, 2012.
100

38 Federal Register 34164, December 11, 1973.

Following the passage of the Oil Pollution Act of 1990, the agency proposed substantial changes
and clarifications that were not made final until July 2002. 101 However, EPA has both extended
the 2002 rule's compliance date (on multiple occasions) and made further amendments to the
2002 rule. On one occasion, amendments offered by the Bush Administration'sEPAin 2008 were
eliminated by the Obama Administration's EPA the following year. 102
For most types of facilities subject to SPCC requirements, the deadline for complying with the
changes made in 2002 was November 10, 2011. 103 However, in a November 2011 rulemaking,
EPA extended the compliance date for farms to May 10, 2013. 104
Pursuant to the CWA definition of oil, the SPCC requirements apply to petroleum-based and nonpetroleum-based oil. 105 In a 1975 Federal Register notice, EPA clarified that its 1973 SPCC
regulations apply to oils from animal and vegetable sources. 106 EPA subsequently stated that
"milk typically contains a percentage of animal fat, which is a non-petroleum oil" and is thus
potentially subject to SPCC provisions. 107 However, in January 2009, EPA proposed a conditional
exemption from SPCC requirements for milk storage units. 108 EPA issued a final rule April 18,
2011, exempting all milk and milk product containers and associated piping from the SPCC
requirements. EPA'srationale for the exemption is that these units are subject to industry
standards for sanitation and may be regulated by other agencies, including the U.S. Department of
Agriculture. 109 In addition, the final rule states that exempted milk storage units are not included
in a facility's overall oil storage volume, a primary factor for SPCC applicability. For additional
information, contact Jonathan Ramseur (7-7919, jramseur@crs.loc.gov).

Toxic Substances Control Act


Lead: Renovation, Repair, and Painting Program Rules. EPA has revised a 2008 final rule
implementing Section 402(c)(3) of the Toxic Substances Control Act (TSCA; enacted as the
Residential Lead-Based Paint Hazard Reduction Act of 1992.) The rule aims to reduce human
health hazards associated with exposure to lead-based paint. It established requirements for
training and certifying workers and firms that remodel, repair, or paint homes or child-occupied
public or commercial buildings likely to contain lead-based paint (generally built before 1978). 110
Shortly after promulgation of the 2008 version of the rule, several petitions were filed challenging
it. The U.S. Court of Appeals for the District of Columbia Circuit consolidated the petitions and,
101

67 Federal Register 47041, July 17, 2002.

102

A November 13, 2009 rule (74 Federal Register 58784) eliminated specific exclusions/exemptions made by a
December 5, 2008 rulcmaking (73 Federal Register 74236).
103

U.S. Environmental Protection Agency, "Oil Pollution Prevention; Spill Prevention, Control, and Countermeasure
Ruic Compliance Date Amendment," 75 Federal Register 63093, October 14, 2010.
104

U.S. Environmental Protection Agency, "Oil Pollution Prevention: Spill Prevention, Control, and Countermeasure
Rule-Compliance Date Amendment for Farms," 76 Federal Register 72120, November 22, 2011.
105

Sec CWA Section 31 l(a) (33 U.S.C. 1321(a)).

106

40 Federal Register 28849, July 9, 1975.

107

74 Federal Register 2461, January 15, 2009.

108

U.S. Environmental Protection Agency, "Oil Pollution Prevention: Spill Prevention, Control, and Countermeasure
Ruic Requirements-Amendments," 74 Federal Register 2461, January 15, 2009.
109
110

76 Federal Register 21652, April 18, 2011.

For a complete history of this rule, see EPA's website "Lead Renovation, Repair, and Painting Program Rules" at
http://www2.epa.gov/lcad/lcad-renovation-repair-and-painting-program-rulcs.

in August 2009, EPA signed a settlement agreement with the petitioners. The agreement set legal
deadlines for a number of EPA rulemaking actions; two rules have been promulgated; one rule
remains under development (see previous discussion of"Toxic Substances Control Act (TSCA)").
Amendments to the rule promulgated May 6, 2010, eliminated an opt-out provision that would
have exempted a renovation firm from training and work practice requirements if certification
were obtained from the property owner that no child under age 6 or pregnant woman resides in a
111
facility and no children spend significant amounts of time there. The amendment also revised
recordkeeping and disclosure provisions. In 2010, Congress included a provision in P.L. 111-212,
a supplemental appropriations act, which prohibited the use of "funds made available by this Act"
to levy fines or to hold any person liable for work performed under the rule. However, P.L. 111212 provided no funds to EPA for those purposes, so the provision had no effect on EPA'suse of
existing funds that had been appropriated in P.L. 111-88 to enforce the rule. 112 In June 2010, on its
own initiative, EPA published a memorandum informing enforcement division directors in the
regional offices that the Agency would not enforce certain requirements for certification of firms
or for individual training until after October 1, 2010. However, individual renovators must have
been enrolled in required training classes before that date and all must have completed required
training prior to December 31, 2010, according to the memorandum. In the 113111 Congress, H.R.
2093/S. 484 would amend provisions of TSCA to restore the opt-out provision.
A second rule responding to the 2009 settlement agreement was proposed in May 2010. It
addressed the testing requirements after renovations are complete. 113 That rule was revised and
promulgated July 15, 2011, effective October 4, 2011. 114 EPA decided not to promulgate dust
wipe testing and clearance requirements as proposed. Instead it "promulgated several other
revisions to the rule, including a provision allowing a certified renovator to collect a paint chip
sample and send it to a recognized laboratory for analysis in lieu of using a lead test kit. " 115 In the
113 111 Congress, H.R. 2093/S. 484 would amend provisions of TSCA to prohibit EPA enforcement
of the renovation rule until the Administrator has identified a test kit for lead in paint samples. For
additional information, contact Jerry Yen (7-9113, jyen@crs.loc.gov).

Solid Waste (RCRA)


Identification of Non-Hazardous Materials That Are Solid Wastes When Burned. In
conjunction with emission standards for boilers and solid waste incinerators (see discussion of
"Boilers and Incinerators" in this Appendix), in February 2011, EPA finalized regulations
intended to clarify when certain materials burned as fuel in a combustion unit would be
considered a "solid waste. " 116 The definition of solid waste plays an important role in
111

U.S. Environmental Proteetion Ageney, "Amendment to the Opt-out and Reeordkeeping Provisions in the
Renovation, Repair, and Painting Program: Lead; Final Rule," 75 Federal Register 24802-24819, May 6, 2010.
112

Sven-Erik Kaiser, EPA Congressional Liaison, personal eommunieation, September 14, 2011.

113

U.S. Environmental Proteetion Ageney, "Clearanee and Clearanee Testing Requirements for the Renovation,
Repair, and Painting Program: Lead; Proposed Rule," 75 Federal Register 25038-25073, May 6, 2010.
114

U.S. Environmental Proteetion Ageney, "Lead: Clearanee and Clearanee Testing Requirements for the Renovation,
Repair, and Painting Program," Final Rule, 76 Federal Register 47918-47946, July 15, 2011.
115

EPA, "Lead; Clearanee and Clearanee Testig Requirements for the Renovation, Repair and Painting Program,"
http://www.regulations.gov/#!doeumentDetail;D=EPA-HQ-OPPT-2005-0049-1434.
116

Environmental Proteetion Ageney, Final Rule, "Identifieation of Non-Hazardous Seeondary Materials That Are
Solid Waste," 76 Federal Register 15455, Mareh 21, 2011.

implementing the emission standards for both boilers and solid waste incinerators. The 2007 D.C.
Circuit Court of Appeals decision that vacated EPA'sprevious emission standards for boilers also
vacated EPA'sdefinition of terms under its "CISWI Definitions Rule." 117 The D.C. Circuit
concluded that EPA erred in defining "commercial and industrial solid waste" to exclude solid
waste that is burned at a facility in a combustion unit whose design provides for energy recovery
or which operates with energy recovery. Instead, the D.C. Circuit stated that the Clean Air Act
"requires any unit that combusts 'any solid waste material at all'-regardless of whether the
material is being burned for energy recovery-to be regulated as a 'solid waste incineration
unit."' 118 The 2011 final rule addresses issues brought up by the D.C. Circuit and, in doing so,
significantly narrows the current universe of non-hazardous secondary materials that could be
burned in boilers. 119 EPA anticipates that boiler operators that burn materials newly-identified as a
solid waste would switch to a non-waste fuel, rather than being subject to the more stringent
emission standards applicable to solid waste incinerators. The final rule also addresses a host of
concerns raised by various stakeholders during the public comment period for the proposed rule,
including those of several Members of Congress. In particular, the final rule clarifies that the
definition of solid waste would not affect current used oil recycling regulations (which allows
burning used oil in space heaters, under certain conditions) and explicitly excludes from the
definition of solid waste "scrap tires used in a combustion unit that are ... managed under the
oversight of established tire collection programs." EPA states that this regulatory action would not
directly invoke any costs or benefits. Instead, any costs or benefits would be related to the Boiler
MACT and CISWI Standards (discussed above). On February 7, 2013, EPAamended the 2011
rule to clarify specific elements of the regulations. The amendments were jointly promulgated
with EPA'sreconsideration of the CISWI proposed rule (discussed above). For additional
information, contact Linda Luther (7-6852, lluther@crs.loc.gov).

Author Contact Information


James E. McCarthy
Specialist in Environmental Policy
jmccarthy@crs.loc.gov, 7-7225

Claudia Copeland
Specialist in Resources and Environmental Policy
ccopeland@crs.loc.gov, 7-7227

Key Policy and Legal Staff


CRS analysts, listed below, contributed to this report.
Area of Expertise

Name

Phone

E-mail

Regulatory reform

Maeve Carey

7-7775

mcarey@crs.loc.gov

117

Environmental Protection Agency, Final Rule, "Standards of Performance for New Stationary Sources and Emission
Guidelines for Existing Sources: Commercial and Industrial Solid Waste Incineration Units," 70 Federal Register
55568, September 22, 2005.
118
119

This and related court finding are discussed in the final rule at 76 Federal Register 15461.

See EP A's web page "Identification of Non-Hazardous Materials That Are Solid Waste: Final Rulemaking" at
http://www.epa.gov/epawaste/nonhaz/define/index.htm.

Area of Expertise

Name

Phone

E-mail

Clean Water Act

Claudia Copeland

7-7227

ccopeland@crs.loc.gov

Clean Air Act, oil and natural gas

Rick Lattanzio

7-1754

rlattanzio@crs.loc.gov

Solid Waste

Linda Luther

7-6852

lluther@crs.loc.gov

Clean Air Act

Jim McCarthy

7-7225

jmccarthy@crs.loc.gov

Environmental law

Rob Meltz

7-7891

rmeltz@crs.loc.gov

Oil Spill Prevention

Jonathan Ramseur

7-7919

jramseur@crs.loc.gov

Safe Drinking Water Act and


underground storage tanks

Mary Tiemann

7-5937

mtiemann@crs.loc.gov

Clean Air Act, mobile sources, CAFE

Brent Yacobucci

7-9662

byacobucci@crs. loc.gov

Toxic Substances Control Act

Jerry Yen

7-9113

jyen@crs.loc.gov

Members of Congress - EPA Reaction


Leadershi
6/2/14: Sen. Reid: "The EPA's Proposed Plan Is A Crucial Step Towards Improving The
Efficiency Of Our Nations Power Grid, Investing In Clean Energy And Reducing
Pollution." "Nevada Senator Harry Reid released the following statement today after the
Environmental Protection Agency (EPA) announced the 'Clean Power Plan' to cut carbon
pollution from existing power plants: 'The EP A's proposed plan is a crucial step towards
improving the efficiency of our nations power grid, investing in clean energy and reducing
pollution. The proposal grants states flexibility while making important progress on avoiding the
terrible costs of carbon pollution on our nation's economy, the health of our citizens, and the
sustainability of our planet. 'Since 2010, Nevada has seen investments of over $5.5 billion in
clean energy generation and infrastructure. These investments have created thousands of jobs
and provided a much needed boost to our state's economy. Clean renewable energy development
and efficiency will lead the way towards a cleaner and more resilient future. Addressing climate
change, cutting pollution, and creating jobs through clean energy is the right thing to do, and we
need a national policy to put our country on the right course to achieve these goals. Our planet,
our children and seniors, and our public health will be greatly strengthened by the EP A's
protections."' [Sen. Reid, 6/2/14]
6/2/14: Sen. McConnell: "Today's Announcement Is A Dagger In The Heart Of The
American Middle Class, And To Representative Democracy Itself." "Today's
announcement is a dagger in the heart of the American middle class, and to representative
Democracy itself. Already reeling from the painful effects of Obamacare, the American people
are now being told they have to shoulder the burdens of the President's latest 'solution' in the
form of higher costs, fewer jobs, and a less reliable energy grid. The fact that the President plans
to do all this through an end-run around Congress only highlights his contempt for the wishes of
the public and a system of government that was devised precisely to restrain an action like
today's. By imposing these draconian new rules on the nation's coal industry, President Obama
and every other liberal lawmaker in Washington who quietly supports them is also picking
regional favorites, helping their political supporters in states like California and New York while
inflicting acute pain on states like Kentucky. The impact on individuals and families and entire
regions of the country will be catastrophic, as a proud domestic industry is decimated - and
many of its jobs shipped overseas. Those who don't lose jobs to foreign competitors will see
higher utility costs and other living expenses at a moment they can least afford it. In short, the
downstream effects of today's announcement will be staggering for millions." [Sen. McConnell
Press Release, 6/2/14]

6/2/14: Sen. McConnell: "The Sad Truth Is That The Only Thing America Will
Lead In If These Rules Go Into Effect Is The Unilateral Dismantling Of Our Own
Economic Supremacy And The Self-Imposed Destruction Of One Of Our Nation's
Main Competitive Advantages In The Global Economy. And That's Why I Will
Offer Legislation This Week To Stop This Assault On Kentucky And The Broader
U.S. Economy ... " "Another tragedy in today's announcement is that for all the pain this
new rule will inflict on ordinary Americans, there is no clear benefit. These new rules

will cheer the far-left patrons of Washington liberals, but there is simply no question that
our competitors around the world will eagerly replace whatever industry we lose as a
result of these new rules. The notion that these competitors will follow our lead is pure
and utter fantasy. 'The sad truth is that the only thing America will lead in if these rules
go into effect is the unilateral dismantling of our own economic supremacy and the selfimposed destruction of one of our nation's main competitive advantages in the global
economy. And that's why I will offer legislation this week to stop this assault on
Kentucky and the broader U.S. economy, because the President and his allies should not
be allowed to get away with this. Congress must listen to the families who will be hardest
hit by these rules - even if the President won't."' [Sen. McConnell Press Release,
6/2/14]

6/2/14: Speaker Boehner: "The President's Plan Is Nuts, There's Really No More Succinct
Way To Describe It. Americans Are Still Asking 'Where Are The Jobs?' And Here He Is
Proposing Rules To Ship Jobs Overseas For Years To Come." "The president's plan is nuts,
there's really no more succinct way to describe it. Americans are still asking 'where are the
jobs?' and here he is proposing rules to ship jobs overseas for years to come. Americans are
already paying more for everything and here he is condemning them to higher bills and lower
incomes long after he leaves office. In many ways, this national energy tax is actually worse
than the scheme Americans rejected four years ago. While the president may have kept his
promise to make prices 'skyrocket,' it doesn't have to be inevitable. The House has already
passed legislation to prevent these rules from taking effect without the approval of the people's
representatives. The question now is: will Senate Democrats listen to the American people and
stop this disaster or will they back the president all the way?" [Speaker Boehner Press Release,

6/2/14: Rep. Cantor: "Today, President Obama's EPA Launched Its Latest Assault On
Hard Working Middle Class Families. While The President Is Taking A Victory Lap, I
Hope He Will Take A Moment And Explain To Middle Class Families In Virginia The
Reality Of His Proposal: An Increase In Their Home Electricity Bills." "Today, President
Obama's EPA launched its latest assault on hard working middle class families. While the
President is taking a victory lap, I hope he will take a moment and explain to middle class
families in Virginia the reality of his proposal: an increase in their home electricity bills. With
too many families already struggling to make ends meet, why is the President celebrating an
energy plan that is just going to raise their utility bills? 'The President also owes an explanation
to the nearly 5,000 Virginians who work in the coal industry. The argument that, many of their
jobs will be destroyed, but hopefully a job will be created somewhere else to comply with this
massive new regulation is of little comfort to these families. It is time the President stops his war
on coal and the families who make their living in the coal industry. 'The House has already
acted this year to block regulations like the one proposed that would increase electricity prices
and has acted to require agencies like the EPA to take into account the real-world jobs impact of
their proposed regulations. To date, the Senate has not acted on either measure. I call on Senator

Reid and Virginia's two Senators to immediately take steps to protect Virginia families and pass
these bills." [Sen. Cantor Press Release, 6/2/14]
6/2/14: Leader Pelosi: "Climate Change Is One Of The Most Pressing Dangers Facing Us
Today. This Accelerating Crisis Threatens Our Coasts, Our Crops And Our Communities
- And Its Damaging And Destabilizing Effects Are Already Being Felt Across Our Nation
And Around The World." "Climate change is one of the most pressing dangers facing us today.
This accelerating crisis threatens our coasts, our crops and our communities - and its damaging
and destabilizing effects are already being felt across our nation and around the world. 'The
destructive effect of unrestrained carbon pollution is felt not only in rising temperatures and
increased, more powerful natural disasters, but also in higher asthma rates in our children. We
already restrict mercury and arsenic pollution - it's time we did the same for toxic carbon
pollution. These new standards will strengthen public health, create new jobs, spur innovation
and lower electricity rates. 'Like the Waxman-Markey American Clean Energy and Security Act,
these actions by the Administration send a resounding message to the world that the United
States is serious about dealing with climate change. The Clean Air Act is an appropriate,
bipartisan approach to protect people from pollution, and today's standards build on a foundation
of decades of bipartisan laws, including the Energy Independence and Security Act of 2007,
signed by President Bush. 'We have a moral obligation to act to preserve the beauty of God's
creation for future generations. With these flexible plans to cut carbon pollution, our nation is
taking a bold and serious step towards securing a sustainable future for all of us." [Leader Pelosi
Press Release, 6/2/14]
6/2/14: Rep. Hoyer: "Today's Announcement By EPA Administrator Gina Mccarthy Of
New Proposed Regulations To Curb Carbon Emissions At Our Nation's Power Plants Is A
Bold Step At A Time When The World Is Looking To The United States To Take The Lead
Against The Dangerous Effects Of Climate Change." "Today's announcement by EPA
Administrator Gina McCarthy of new proposed regulations to curb carbon emissions at our
nation's power plants is a bold step at a time when the world is looking to the United States to
take the lead against the dangerous effects of climate change. With rising temperatures and more
erratic weather patterns, climate change is being measured not only in meteorologists' hard data
but in the daily lives of average Americans, who are experiencing higher rates of asthma, rising
food and energy costs, extreme weather events, and economic uncertainty caused by the potential
for global conflicts over dwindling natural resources. Climate change is real, and we must come
together as a nation to meet this important challenge, not ignore it. 'The EPA' s plan to reduce
power plant carbon emissions, while providing states the flexibility to select the most costeffective measures, will encourage cleaner, more efficient energy generation over the coming
years, not only yielding benefits to public health but also spurring innovation and new private
sector investment in the manufacturing and use of new energy technologies. This plan is
expected to prevent up to 6,600 premature deaths and 150,000 asthma attacks in children by
2030 and in the same period reduce families' electricity bills by approximately 8%. 'With the
Republican-led Congress's lack of interest in addressing climate change, the EPA is moving
forward with a common-sense plan that will reduce pollution, slow climate change, improve
public health, and create jobs. I hope Democrats and Republicans will see today's announcement
as a starting point from which we can work together to come up with additional ways to support
the Administration and make our nation more energy efficient and to reduce carbon emissions

more significantly as we move forward."' [Rep. Hoyer Press Release, 6/2/14]


Senate
6/2/14: Sen. Lamar Alexander: "This New Carbon Regulation On Existing Power Plants
Will Drive Electricity Prices Up And Drive Down Job Growth In Many Parts Of The
Country. This Is Just One More Example Of The Federal Government Expanding The Big,
Wet Blanket Of Burdensome Regulations On Our Economy That Put People Out Of Work
And Make It Harder To Find A Job." "U.S. Senator Lamar Alexander (R-Tenn.) today
released the following statement on the administration's announcement to issue a new carbon
regulation on existing power plants: 'This new carbon regulation on existing power plants will
drive electricity prices up and drive down job growth in many parts of the country. This is just
one more example of the federal government expanding the big, wet blanket of burdensome
regulations on our economy that put people out of work and make it harder to find a job. This
regulation also bypasses congressional authority - it's the job of Congress, not unelected
bureaucrats, to determine whether and how to regulate carbon dioxide.' The EPA' s new
regulation would require utilities to reduce greenhouse gas emissions from their existing power
plants by 30 percent, below 2005 levels, by 2030. A U.S. Chamber of Commerce study estimated
that such a change could result in 224,000 fewer U.S. jobs on average every year through 2030,
and force U.S. consumers to pay $289 billion more for electricity through 2030." [Sen. Lamar
Alexander Press Release, ~~~,
6/2/14: Sen. Barrasso: "Once Again, The President Has Chosen To Side With Extreme
Activists Instead Of Unemployed Americans. He Will Soon Discover That Instead Of
Being Remembered As An Environmental Champion, His Legacy Will Be One Of
Economic Failure ... Rather Than Making Our Environment Cleaner, The President's Plan
Weakens Our Economy And Puts America At A Competitive Disadvantage To China And
Russia." "Once again, the President has chosen to side with extreme activists instead of
unemployed Americans. He will soon discover that instead of being remembered as an
environmental champion, his legacy will be one of economic failure. 'We need to make energy
as clean as we can, as fast as we can, while also growing our economy. Instead of finding the
right balance between these important goals, the President's extreme plan will shut down coal
plants across America and cause energy bills to skyrocket. The costs are real, the benefits are
theoretical. Rather than making our environment cleaner, the President's plan weakens our
economy and puts America at a competitive disadvantage to China and Russia. 'These
regulations will force many hardworking Americans to lose their jobs. After millions of
Americans have already given up looking for work and are struggling to pay their bills, these
costly regulations are the last thing we need."' [Sen. John Barrasso Press Release, -~~-,
6/2/14: Sen. Begich: "It Is No Secret That I Have Long Been Skeptical Of This
Administration And Their Understanding Of Alaska's Unique Needs When It Comes To
Energy Policy And This Will Be No Different ... Today's Announcement From The
Administration Is The First Step In A Long Process That I Will Be Closely Monitoring To
Determine Any Impact On Alaska - Especially For Consumers. Alaska Is Ground Zero
For Climate Change And There Are Common Sense Approaches To Dealing With That
Reality, But We Must Protect Consumers Along The Way." "'It is no secret that I have long

been skeptical of this Administration and their understanding of Alaska's unique needs when it
comes to energy policy and this will be no different,' said Begich. 'Today's announcement from
the Administration is the first step in a long process that I will be closely monitoring to
determine any impact on Alaska - especially for consumers. Alaska is ground zero for climate
change and there are common sense approaches to dealing with that reality, but we must protect
consumers along the way ... From the initial review of materials released today, this rule exempts
all of rural Alaska, but could impact a handful of Rail belt power plants,' said Begich. 'My office
has already asked the EPA for additional information and I will work closely with both the EPA
and the State of Alaska to ensure that any final rule is flexible and protects Alaska businesses
and families."' [Sen. Begich Press Release, 6/2/14]
6/2/14: Sen. Bennet: "I Support The President's Action To Curb Dangerous Carbon
Pollution, Because Colorado Is Already Experiencing The Negative Effects Of A Changing
Climate ... ! Look Forward To Reviewing The Details Of The Proposal And Working To
Ensure The Final Rule Reflects Colorado's Commitment To Reducing Carbon Emissions
While Generating Strong Economic Growth." "Colorado U.S. Senator Michael Bennet today
welcomed the Administration's release of a draft rule to reduce carbon pollution from power
plants. 'I support the President's action to curb dangerous carbon pollution, because Colorado is
already experiencing the negative effects of a changing climate. The constant threat of wildfire,
prolonged drought that imperils our $40 billion agriculture industry, and our shortened winters
(and ski season) and longer summers all demand action. Fortunately, Colorado is already wellpositioned to meet these carbon reduction targets. 'Colorado has not waited for Washington to
act. For years, our state has led the nation by forging commonsense energy solutions that reduce
harmful pollution, including our renewable portfolio standard, the Clean Air, Clean Jobs Act,
and the recent, industry-supported rules regarding fugitive methane. 'I am pleased that the EPA
will allow for an extended comment period on the draft rule. I look forward to reviewing the
details of the proposal and working to ensure the final rule reflects Colorado's commitment to
reducing carbon emissions while generating strong economic growth."' [Sen. Bennet Press
Release, 6/2/14]
6/2/14: Sen. Blumenthal: "The Plan Being Rolled Out Today Is Modeled On The Regional
Greenhouse Gas Initiative That Connecticut Pioneered Under The Leadership Of Gina
McCarthy. This Is Our Last Best Chance To Save The Planet, And I Commend The
Administration For Putting Forward This Truly Historic Proposal..." "The plan being
rolled out today is modeled on the Regional Greenhouse Gas Initiative that Connecticut
pioneered under the leadership of Gina McCarthy. This is our last best chance to save the planet,
and I commend the Administration for putting forward this truly historic proposal, which will
protect public health by cutting carbon pollution and ensure a cleaner environment for
generations to come. Economic growth and job creation are not in conflict with environmental
sustainability, and this proposal rightly reflects that reality." [Sen. Blumenthal Press Release,
6/2/14]
6/2/14: Sen. Blunt: "There's No Doubt The President's Energy Policies Will Destroy Jobs
And Hurt The Very People Who Can't Afford To Pay More At The Pump Or To Heat And
Cool Their Homes ... I Will Fight The President And His Administration Every Step Of
The Way To Stop This Unprecedented Power Grab And Protect Missourians, Who Rely

On Coal For 80 Percent Of Our State's Energy." "U.S. Senator Roy Blunt (Mo.) blasted

President Barack Obama's announcement today regarding his job-destroying Environmental


Protection Agency (EPA) regulations on coal-fired power plants, which could cost American
businesses more than $50 billion a year. 'There's no doubt the president's energy policies will
destroy jobs and hurt the very people who can't afford to pay more at the pump or to heat and
cool their homes. Yet once again, President Obama and his administration proved they're more
concerned about appealing to the far left of the president's party than helping low and middleincome families who are struggling to find jobs and pay their bills,' said Blunt. 'I will fight the
president and his administration every step of the way to stop this unprecedented power grab and
protect Missourians, who rely on coal for 80 percent of our state's energy,' Blunt concluded."
[Sen. Roy Blunt Press Release, ___,
6/2/14: Sen. Booker: "Today's Announcement Represents A Major Step Forward In Our
National Effort To Reduce Greenhouse Gas Emissions And Fight Climate Change. I
Commend President Obama And EPA Administrator Mccarthy For Presenting The Clean
Power Plan Proposal, And I Look Forward To The Benefits This Plan Will Bring To Those
Who Live And Work In New Jersey." '"Today's announcement represents a major step
forward in our national effort to reduce greenhouse gas emissions and fight climate change. I
commend President Obama and EPA Administrator McCarthy for presenting the Clean Power
Plan proposal, and I look forward to the benefits this plan will bring to those who live and work
in New Jersey. We must be aggressive in our pursuit of reducing our carbon footprint nothing less than the quality of the air our children will breathe, and the climate in which they
will live, is at stake. This is a common sense proposal that will empower states to do their part
and contribute to the national goal of curbing emissions from power plants. 'I am also
encouraged by the flexibility the administration's plan provides for each state to decide exactly
how they will achieve our national goal to reduce emissions from power plants by 30 percent by
2030. In light of today's announcement, New Jersey should consider rejoining the successful
Regional Green House Gas Initiative, which would allow us to reduce and offset our carbon
emissions by making investments in clean energy. I am confident that New Jersey will achieve
the goals presented today and remain a national leader in clean energy production."' [Sen.
Booker Press Release, 6/2/14]
6/2/14: Sen. Boozman: "President Obama's Proposed Regulations For Power Plants Will
Hurt Arkansas Families, Farmers And Businesses, Without Providing Any Significant
Benefits." '"President Obama's proposed regulations for power plants will hurt Arkansas
families, farmers and businesses, without providing any significant benefits. Congress rejected
the President's cap-and-trade policy, so now he is bypassing the will of the legislative branch
and imposing a similar plan bit by bit. President Obama says it won't cost much and that if you
like affordable energy, you can keep affordable energy, but like his other promises, we know that
actions speak louder than words. 'The U.S. Chamber of Commerce predicts that the President's
plan will shrink the economy by at least $51 billion and destroy more than 200,000 jobs each
year between now and 2030. This is another example of bureaucrats trying to control climate
from their desks in Washington, with no concern for the pain it will cause. Unfortunately, that
pain falls hardest on low-income families who will be forced to pay more for electricity and
many other essential needs. As usual EPA is sending out misleading information that exaggerates
the benefits and minimizes the costs. 'The President's policy will drive industry overseas,

hurting American workers and creating foreign factories that emit far more than we would.
Instead, we need an all-of-the-above energy mix, including renewables and reliable sources like
coal, nuclear, and natural gas. With better efficiency and new technology, we can reduce
emissions and keep manufacturing here."' [Sen. Boozman Press Release, 6/2/14]

6/2/14: Sen. Boxer: "The President's Proposal Is A Win-Win-Win For The American
People, As It Will Protect Our Health, Saving Thousands Of Lives, Create Thousands Of
Jobs, And America Will Finally Lead On A Path To Averting The Most Calamitous
Impacts Of Climate Change ... " "Senator Barbara Boxer (D-CA ), Chairman of the Environment
and Public Works Committee, today thanked President Obama for taking action to reduce carbon
pollution, which 97% of scientists agree is leading to dangerous climate change that threatens
our families. Senator Boxer said: 'The President's proposal is a win-win-win for the American
people, as it will protect our health, saving thousands of lives, create thousands of jobs, and
America will finally lead on a path to averting the most calamitous impacts of climate change -such as sea level rise, dangerous heat waves, and economic disruption. Thank goodness the
President refuses to be bullied by those who have their heads in the sand, and whose obstruction
is leading us off the climate change cliff. The President's proposal is respectful of the states'
roles and allows major flexibility, while ensuring that big polluters reduce their dangerous
contributions to climate change.' She added: 'The people of California and the people of
America deserve to be protected and the President should be lauded for moving forward.'" [Sen.
Boxer Press Release, 6/2/14]
6/2/14: Sen. Brown: "I Will Closely Follow This Issue And Work With Industry And
Environmental Leaders To Ensure The Final Rule Improves Air Quality While Promoting
Continued Economic Growth." "Sen. Sherrod Brown, a Democrat who represents
manufacturing-heavy Ohio, stressed that states need flexibility to address carbon emissions and
climate change. 'Proposals to reduce climate change must give states the flexibility to increase
energy efficiency, improve our air quality, and invest in clean energy technology at our power
plants, homes, and businesses,' Brown said in an email from his office. 'Ohio has already made
strides in reducing carbon pollution thanks to fuel efficient cars, natural gas production,
renewable energy, and highly efficient manufacturing facilities. I will closely follow this issue
and work with industry and environmental leaders to ensure the final rule improves air quality
while promoting continued economic growth.'" [Roll Call, ___ ,
6/2/14: Sen. Cardin: "Strong But Flexible Carbon Pollution Standards For Power Plants
Are Needed And Welcome News For America's Clean Energy Future ... The Bold Goals
Set By The Obama Administration Today Are Achievable And Will Help Grow Our
Economy." "Strong but flexible carbon pollution standards for power plants are needed and
welcome news for America's clean energy future. For years we have had power plant standards
that protect our communities from air pollutants like lead and mercury. We are finally seeing
similar standards for the carbon pollution that is fueling climate change, the biggest threat to life
on Earth as we know it,' said Senator Cardin, 'Science tells us climate change is real. It is a
threat to our environment but also a public health issue, economic issue and a national security
issue. The good news is that the solutions to each of these challenges are intertwined. The notion
that we must choose between economic growth and environmental protection is just plain
wrong. 'The bold goals set by the Obama Administration today are achievable and will help

grow our economy. Already, the U.S. is creating good-paying domestic clean energy jobs to help
mitigate the causes of climate change, increase energy efficiency, reduce our carbon footprint
and better prepare us for the extreme weather. Where leadership is willing, we are making strides
to green our infrastructure, as well as restore and integrate natural defenses against sea level rise
and extreme weather. The U.S. must continue to lead globally and by example. Pollution, storms
and droughts do not abide by border signs." [Sen. Cardin Press Release, 6/2/14]
6/2/14: Sen. Carper: "I Applaud The President For His Leadership For Moving Forward
With This Rule. Through Unprecedented Outreach-The EPA Has Collected Broad Input
And Developed A Proposal That Builds On What States Are Already Doing To Reduce
Power Plant Carbon Emissions ... I Am Happy To See That EPA's Rule Recognizes That
What Works For Delaware, May Not Work For Texas -Allowing Each State The
Flexibility To Find The Most Cost Effective Ways To Reduce Their Own Emissions." "For
those living in states already seeing the impacts of climate change, today's proposal to regulate
our nation's largest source of carbon pollution has been a long time coming. Delaware, and
other states feeling the impacts of climate change, have already taken action to reduce local
power plant carbon emissions. Unfortunately, a few states cannot tackle this issue alone - all
states must do their fair share to make an impact. Today's Clean Power Plan unites our country
in working to take on the largest source of carbon emissions together. I applaud the president for
his leadership for moving forward with this rule. Through unprecedented outreach - the EPA has
collected broad input and developed a proposal that builds on what states are already doing to
reduce power plant carbon emissions. I am happy to see that EPA's rule recognizes that what
works for Delaware, may not work for Texas - allowing each state the flexibility to find the most
cost effective ways to reduce their own emissions. After working for more than a decade on
legislative efforts to reduce carbon emissions from power plants, I applaud EPA' s decision to set
carbon targets that are both meaningful and feasible." [Sen. Tom Carper Press Release, ____,
6/2/14: Sen. Carper: "With Today's Announcement From The EPA We Took A
Step Toward Protecting Our Environment And Our Economy. Even Though The
EPA Has Already Reached Out Over 300 Stakeholders Nationwide-The Proposal
Will Be Open For 120 Days Of Further Public Comment. I Encourage Everyone
That Is Interested To Read The Rule And Submit Your Comments Before The
Deadline." "Opponents to this rule will argue that we have to choose between having a
cleaner, stronger environment and having a robust, growing economy. I believe this is a
false choice. Not only has EPA crafted a rule that ensures the benefits far outweigh the
costs - we know inaction on climate change only costs us money in the long nm. The
Government Accountability Office has already listed climate change as one of the biggest
fiscal risks facing our country. With today's announcement from the EPA we took a step
toward protecting our environment and our economy. Even though the EPA has already
reached out over 300 stakeholders nationwide- the proposal will be open for 120 days of
further public comment. I encourage everyone that is interested to read the rule and
submit your comments before the deadline." [Sen. Tom Carper Press Release, ~~-,
6/2/14: Sen. Chambliss: "The EPA Has Already Mandated A Litany Of Costly Regulations,
And Now The President Is Once Again Punishing Energy Providers With Rules That Will
Result In Lost Jobs, Higher Energy Costs, And A Less Reliable Energy Grid - Burdens

That Will Have An Immediate And Real-World Effect On American Families." "Today, U.S.

Sen. Saxby Chambliss, R-Ga., made the following statement regarding the Environmental
Protection Agency's (EPA) proposed regulations on existing power plants: 'The EPA has
already mandated a litany of costly regulations, and now the president is once again punishing
energy providers with rules that will result in lost jobs, higher energy costs, and a less reliable
energy grid- burdens that will have an immediate and real-world effect on American families.
We must focus on policies that will build our economy, not political statements that hurt middleclass Americans."' [Sen. Saxby Chambliss Press Release, ~~c_c,
6/2/14: Sen. Coats: "Yet Again, President Obama Is Trying To Circumvent Congress To
Implement Policies That The Elected Representatives Of The American People Have
Rejected. The EPA's Proposed Rules Amount To A Backdoor Energy Tax That Will
Damage Indiana's Economy And Hike Electric Bills For All Hoosiers." "Senator Dan Coats
(R-Ind.) made the following statement about today's announcement by the Environmental
Protection Agency (EPA) that it is proposing new rules on fossil fuel power plants: 'Yet again,
President Obama is trying to circumvent Congress to implement policies that the elected
representatives of the American people have rejected. The EPA's proposed rules amount to a
backdoor energy tax that will damage Indiana's economy and hike electric bills for all Hoosiers.
To date, the utility industry has spent tens of billions in capital investment for air pollution
controls resulting in significant declines in emissions. Our state is highly reliant on coal power
plants, which provide Hoosiers with good jobs and some of the most affordable, reliable
electricity in the nation. By supporting these regulations, the president is putting our economic
well-being, grid reliability and American jobs at risk."' [Sen. Dan Coats Press Release, ___,
6/2/14: Sen. Coons: "To Mitigate The Impacts Of Climate Change, We Have To Reduce
The Level Of Damaging Carbon Emissions We Pump Into The Atmosphere. If Enacted,
The EPA's Clean Power Plan Will Ensure America's Power Plants - Our Country's Single
Largest Source Of Carbon Pollution - Move To Responsibly Curb Harmful Emissions."
"'Carbon pollution is heating our planet at an alarming rate, altering weather patterns and raising
sea levels that could put up to 11 percent of Delaware under water by the end of the century.
These changes have already begun, but we still have an opportunity - and an obligation - to save
our communities from irreversible damage. 'To mitigate the impacts of climate change, we
have to reduce the level of damaging carbon emissions we pump into the atmosphere. If enacted,
the EPA' s Clean Power Plan will ensure America's power plants - our country's single largest
source of carbon pollution - move to responsibly curb harmful emissions. These guidelines set
strong targets for reducing carbon pollution, while giving states the flexibility they need to
achieve emissions goals in a cost-effective way. This critical effort will protect public health,
strengthen the market for energy efficiency, and spur transition to affordable, homegrown clean
energy. 'Delaware is already implementing similar standards that have brought enormous
benefits to our region over the last five years. As part of the Regional Greenhouse Gas Initiative
- the country's first regional cap and trade system - Delaware and eight other states have cut
regional carbon pollution by nearly a third and raised more than $700 million for investment in
renewable and energy efficiency projects. This successful initiative can serve as a national model
for states across the country. 'I applaud the EPA for taking strong action today to move our
nation toward a cleaner and more stable future. The world is looking to the United States to lead
the global charge against climate change. These historic guidelines for power plants - together

with fuel economy standards already in place - are a clear demonstration of that leadership, and
now our competitors around the world must follow suit. We cannot and should not be in this
alone. 'We have a responsibility - to our children and the generations to come - to stand up to
this challenge. Our children don't care about the politics, the pushback, the endless excuses for
inaction and indifference. They will ask us only whether, when we had the opportunity, we did
all we could to protect our planet."' [Sen. Coons Press Release, 6/2/14]
6/2/14: Sen. Cornyn: "Today's Announcement Is Nothing More Than An Energy Tax That
Will Raise The Cost Of Electricity For Texans, While Destroying Jobs." "U.S. Senator John
Cornyn (R-TX) issued the following statement today after the Environmental Protection Agency
(EPA) announced new carbon dioxide emissions regulations on existing power plants: 'Today's
announcement is nothing more than an energy tax that will raise the cost of electricity for
Texans, while destroying jobs. 'By enacting regulations that a bipartisan majority in Congress
rejected, the President proves this Administration is more concerned with placating liberal
special interest groups than average Americans. 'As Texans see huge increases in health care
premiums due to Obamacare, this is yet another tax they'll face, and it is time for the Obama
Administration to be transparent about the costs of his agenda and to get its boot off the neck of
Texas job creators."' [Sen. Cornyn Press Release, -~-~-,
6/2/14: Sen. Cruz: "The New EPA Rules Announced By The Obama Administration Will
Cripple The Coal Industry And Deprive Americans From Jobs, Whether They Are
Employed By Coal Mines Or Related Power Plants, Or Employed In Energy Dependent
Business Such As Manufacturing Or Technology Businesses." "U.S. Sen. Ted Cruz, R-Texas,
today released the following statement regarding the Environmental Protection Agency's recent
proposal to require that by 2030 power-generating facilities reduce their emissions of carbon
dioxide by 30 percent. 'The new EPA rules announced by the Obama Administration will cripple
the coal industry and deprive Americans from jobs, whether they are employed by coal mines or
related power plants, or employed in energy dependent business such as manufacturing or
technology businesses,' said Sen. Cruz. 'These rules will not only drive up electric bills, but also
threaten the reliability of the nation's electric grid and make it harder for American manufactures
to compete in the world market. Once again, President Obama is more concerned with the
desires of billionaire campaign contributors and placating extremist special interests than helping
American workers and families escape the failed Obama economy. The legislation I introduced
earlier this year, the American Energy Renaissance Act would specifically halt these job-killing
regulations and encourage the creation of good-paying energy jobs."' [Sen. Ted Cruz Press
Release, ~~~,
6/2/14: Sen. Durbin: "Power Plants Are The Largest Single Source Of Greenhouse Gas
Emissions, And Any Meaningful Strategy For Addressing Climate Change Must Include A
Reduction In Their Harmful Emissions. The Proposed Rule By The Environmental
Protection Agency Gives States Like Illinois The Authority And Flexibility To Develop A
Strategy To Reduce Harmful Greenhouse Gas Emissions, Encourage Local Stakeholders
To Develop A Plan To Protect Jobs, And Provide The Next Generation A More Livable
World ... " "U.S. Senator Dick Durbin (D-IL) released the following statement today following
the U.S. Environmental Protection Agency's announcement of a proposed rule to establish
standards for greenhouse gas emissions emitted by existing power plants. Under the proposed

rule, each state's environmental agency - including the Illinois Environmental Protection
Agency - will be called on to develop individual, state-specific implementation plans to ensure
clean air targets are met. 'Power plants are the largest single source of greenhouse gas
emissions, and any meaningful strategy for addressing climate change must include a reduction
in their harmful emissions. The proposed rule by the Environmental Protection Agency gives
states like Illinois the authority and flexibility to develop a strategy to reduce harmful
greenhouse gas emissions, encourage local stakeholders to develop a plan to protect jobs, and
provide the next generation a more livable world,' said Durbin ... 'Communities across Illinois
are already leading the nation in choosing power that is renewable, affordable, and clean,' said
Durbin. 'I will continue to support these efforts and other investments in innovative
technologies, such as FutureGen 2.0, that create Illinois jobs now and invest in clean energy
sources for the future."' [Sen. Durbin Press Release, 6/2/14]
6/2/14: Sen. Enzi: "It's No Secret That President Obama Is Not A Fan Of Coal Or
Traditional Forms Of Energy. He's Been Targeting Them With Red Tape And Regulations
His Entire Presidency. That May Benefit Some People In Alternative Energy Who Have A
Hard Time Producing Ample Low-Cost Energy Without Government Help And The
President's Supporters That Like It When He Goes Around The Representatives Of People
Who May Not Share Their Views, But It's Not Going To Improve The Environment
Much." "'It's no secret that President Obama is not a fan of coal or traditional forms of energy.
He's been targeting them with red tape and regulations his entire presidency. That may benefit
some people in alternative energy who have a hard time producing ample low-cost energy
without government help and the president's supporters that like it when he goes around the
representatives of people who may not share their views, but it's not going to improve the
environment much. People will pay more for electricity and the economy will suffer so the
president can increase his popularity with people who already favor his policies. 'When you try
and put coal out of business, you're not just targeting the economy, you're targeting consumers.
They're the ones who are left paying the higher energy bills when all the abundant and
affordable energy is off-limits thanks to misplaced priorities. It's essentially an energy tax. The
last thing we should be doing in this economy when so many Americans are out of work is make
the bare essentials more expensive."' [Sen. Enzi Press Release, ~~~,
6/2/14: Sen. Feinstein (Provided to White House): "The Devastating Effects Of Climate
Change Are Real And They Are Happening Today-And The Causes Are Largely The
Result Of Human Activity. Simply Put, We Are Fundamentally Altering The Earth, And
Without Urgent Action We Face Catastrophe. I Strongly Support The President's Decision
To Confront Greenhouse Gas Emissions From Existing Power Plants." "'The devastating
effects of climate change are real and they are happening today-and the causes are largely the
result of human activity. Simply put, we are fundamentally altering the earth, and without urgent
action we face catastrophe. 'I strongly support the president's decision to confront greenhouse
gas emissions from existing power plants. These power plants account for nearly 40 percent of
U.S. emissions and need to be regulated. 'The EPA proposal offers an opportunity to address
climate change while at the same time improving our electricity system. As states consider how
to meet these goals, I encourage them to look at California's cap-and-trade program. 'We need
every tool at our disposal to solve the problem of climate change, and today's action is a big step
toward reaching that goal."' [Sen. Feinstein Press Release, 6/2/14]

6/2/14: Sen. Fischer: "While These Extreme Regulations Will Have Little Discernible
Impact On Global Emission Levels, They Will Have An Enormously Negative Impact On
Families Here At Home. A Recent Study Suggests EPA's New Regulations Could Drive Up
Yearly Electric Bills By An Average Of $200 Per Family And Almost A Quarter Million
Jobs Could Be Lost Through 2030." "While these extreme regulations will have little
discernible impact on global emission levels, they will have an enormously negative impact on
families here at home. A recent study suggests EPA's new regulations could drive up yearly
electric bills by an average of $200 per family and almost a quarter million jobs could be lost
through 2030. In Nebraska alone, coal-related industries are responsible for almost 23,000 jobs
and generate nearly $4.9 billion in economic output. Because Nebraska is a public power state,
Nebraska taxpayers will be on the hook twice - once for the cost to retrofit our plants and then
again for the increased cost to power our homes and businesses. In reality the price of goods and
services will go up as well as costs are passed on to consumers." [Sen. Deb Fischer Press
Release, ___,

6/2/14: Sen. Fischer: "Unfortunately, The President Has Sided With The Interests
Of A Billionaire Environmentalist, Ignoring The Pocketbook Concerns Of Middle
Class Families." "I have repeatedly called on the president to work with, rather than
around, Congress to find solutions that will actually benefit both our environment and our
economy. Achieving the right balance requires input from the American people,
Congress, and stakeholders from both sides. Unfortunately, the president has sided with
the interests of a billionaire environmentalist, ignoring the pocketbook concerns of
middle class families. I will continue my efforts to ensure Nebraskans - the
administration's chosen losers in this battle - have a voice in regulations that hurt our
state's families and jeopardize our access to affordable, reliable electricity." [Sen. Deb
Fischer Press Release, ~~~,

6/2/14: Sen. Franken: "In Minnesota, We've Already Made Great Strides To Roll Back
Carbon Pollution, And We're Leading The Way When It Comes To Homegrown
Renewable Energy." "U.S. Sen. Al Franken (D-Minn.), Chairman of the Senate Energy
Subcommittee, said that Minnesota is well-positioned to continue leading the way in cutting
carbon pollution and spurring job growth in the renewable energy and energy efficiency sectors.
Earlier today, the U.S. Environmental Protection Agency (EPA) released a new proposal to
significantly reduce pollution emitted by existing power plants by the year 2030. 'In
Minnesota, we've already made great strides to roll back carbon pollution, and we're leading the
way when it comes to homegrown renewable energy,' said Sen. Franken. 'This proposed rule
will benefit Minnesota and spur economic activity here at home-it's going to unleash
retrofitting, which I've been working on for years now, and it's going to create jobs in renewable
energy."' [Sen. Franken Press Release, 6/2/14]
6/2/14: Sen. Grassley: "The EPA Has An Obligation To Hear From Everyone With An
Interest In This Rule. This Proposal Could Have A Huge Effect On Iowans Since So Much
Of Our Energy Comes From Coal. The Administration Needs To Understand The Full
Impact Of This Regulation. Utility Costs Could Go Up For Customers Around The
Country." "Sen. Chuck Grassley of Iowa today made the following comment on the
Environmental Protection Agency's agreement to hold a 120-day public comment period for the

federal government's proposed regulation of greenhouse gases from existing coal-fired power
plants. Grassley was part of a bipartisan group of 47 senators who asked for the extended
comment period. 'The EPA has an obligation to hear from everyone with an interest in this
rule. This proposal could have a huge effect on Iowans since so much of our energy comes from
coal. The Administration needs to understand the full impact of this regulation. Utility costs
could go up for customers around the country./// [Sen. Chuck Grassley Press Release,~~~,

6/2/14: Sen. Kay Hagan: "I'm Talking To Business Leaders And Energy Experts In North
Carolina About What This Proposed Rule Will Mean For Our State And Our Economy. I
Want To Make Sure That The Proposal Does Enough To Recognize The Progress We've
Made Reducing Carbon Emissions And Promoting Renewable Energy." "I'm talking to
business leaders and energy experts in North Carolina about what this proposed rule will mean
for our state and our economy. I want to make sure that the proposal does enough to recognize
the progress we've made reducing carbon emissions and promoting renewable energy. As a state
legislator I worked with environmentalists as well as Republicans, businesses and utilities to
make North Carolina a national leader in reducing air pollution and promoting renewable energy.
As I review this rule I will be looking for a balance similar to the one we struck in North
Carolina. North Carolina must not be asked to carry a higher burden simply because we had the
foresight and courage to take action. In the coming weeks I will push for a number of changes to
the rule that are good for North Carolina." [Sen. Kay Hagan Press Release, 6/2/14]
6/2/14: Sen. Harkin: "Today's Announcement Is A Major Step Forward And I Applaud
The President And The EPA For This Action ... What The Obama Administration Is
Proposing Is Bold Action. It Will Take Time To Implement. But I Have No Doubt That It
Is In The Best Interest Of Our Climate And Our Country's Future." "Today's
announcement is a major step forward and I applaud the President and the EPA for this action.
Climate change is real, as we have seen by increased frequency of severe weather, in extended
draughts and heat waves, in increases in heavy precipitation, and in flooding in Iowa and
throughout the Midwest. Today's proposed rule will deliver a significant reduction in carbon
pollution from our largest single source, and thus it represents a major action to address climate
change. 'The last time major Clean Air Act regulations on air pollution took effect on the power
sector in the 1990's to limit emissions of sulfur dioxide, nitrogen oxide, and carbon monoxide;
we were told that compliance would be an economic disaster. Yet, the regulation had the
opposite effect. Environmental firms and small businesses generated $282 billion in new
revenue and $40 billion in exports and supported 1.6 million new jobs. There was no significant
impact on electricity prices. We are hopeful of the same, positive outcome from today's
announcement. 'We also know that renewables are rapidly expanding as effective and
economic power supplies. In Iowa, we get more than 25 percent of our electrical power from
carbon pollution-free wind. Moreover, our power companies have already begun to shut down
some of the older, less efficient coal-burning power plants. 'What the Obama Administration is
proposing is bold action. It will take time to implement. But I have no doubt that it is in the best
interest of our climate and our country's future."' [Sen. Harkin Press Release, 6/2/14]
6/2/14: Sen. Hatch: "Make No Mistake -This Proposed Cap-And-Trade Rule Will Kill
Jobs, Increase Energy Costs, And Make It Even More Difficult For Hardworking Families
To Make Ends Meet. So It's No Surprise That The Proposal Is Opposed By Republicans

And Many Democrats Alike." "Make no mistake - this proposed cap-and-trade rule will kill

jobs, increase energy costs, and make it even more difficult for hardworking families to make
ends meet. So it's no surprise that the proposal is opposed by Republicans and many Democrats
alike. Despite a sluggish economy with millions of Americans out of work and families
struggling to pay their bills, President Obama and his extreme environmentalist allies continue to
push a national energy tax that even the President has conceded would cause energy costs to
'skyrocket.' Even though Congress refused to give the Obama administration authority to
pursue this radical policy, the President is once again taking unilateral executive action to
implement this misguided and unpopular approach. Americans deserve an energy policy that
helps grow our economy and create jobs here at home, but whether it's standing in the way of the
Keystone XL pipeline project or putting forward job-destroying policies like the proposed rule
announced today, the Obama Administration just doesn't seem to get it. This rule is yet another
example that the administration is more focused on catering to its political allies than doing
what's best for hardworking Americans." [Sen. Hatch Press Release,~~~,
6/2/14: Sen. Heitkamp: "Let's Be Clear - If We Must Reduce Greenhouse Gas Emissions,
We Have To Do It In A Way That Makes Sense For Consumers, Workers, And Our
Economy. Today, Coal Produces 40 Percent Of The Electricity In The U.S., And Nearly 80
Percent Of The Electricity In North Dakota. I'm Still Reviewing This Extensive Rule To
Determine The Impact On The U.S. And North Dakota. We Need Policies That Support
Coal - Defending Jobs, Keeping Energy Costs Low, And Maintaining Reliability In Our
Electric Grid-And That Also Help Develop Technology That Is Not Yet Widely Available
To Reduce Emissions." "'Let's be clear-if we must reduce greenhouse gas emissions, we have
to do it in a way that makes sense for consumers, workers, and our economy. Today, coal
produces 40 percent of the electricity in the U.S., and nearly 80 percent of the electricity in North
Dakota. I'm still reviewing this extensive rule to determine the impact on the U.S. and North
Dakota. We need policies that support coal-defendingjobs, keeping energy costs low, and
maintaining reliability in our electric grid - and that also help develop technology that is not yet
widely available to reduce emissions. We need a true all-of-the-above energy strategy - which
the Administration claims to support - and it has to have a place for coal in our energy mix in the
present and future. 'After working in the energy field in North Dakota for more than a decade
before joining the Senate, I fully understand the importance of clean coal technology. And I also
understand that we need real, workable solutions to find a viable path forward for coal. That's
why I introduced legislation in March to incentivize utilities to develop clean coal technology to
reduce the footprint of coal companies while also making sure this reliable and redundant energy
source continues into the future. But this technology won't be developed overnight or available
for use tomorrow or even next year. It takes time and significant investment and government buyin. 'We have to work together and develop achievable rules that reduce emissions, but do not
restrict economic growth or harm the reliability of our electrical system. I appreciate that the
Administration heeded my request to extend the comment period for this new rule to 120 days so
everyone impacted by it has time to analyze the rule. And after showing Administrator McCarthy
around North Dakota in February, I'll continue to work with her and push for necessary changes
to this rule and others so they work for all states, especially states like North Dakota that rely on
coal-fired power and have already greatly reduced emissions over time."' [Sen. Heidkamp Press
Release, 6/2/14]

6/2/14: Sen. Heinrich: "The EPA Deserves Credit For Showing The Leadership To Actively
Take On Climate Change Rather Than Embracing The Pseudo-Science And Denial That Is
Embraced By Far Too Many In Washington Today. This Nation Has Never Solved A
Single Problem By Denying The Facts." "'Climate change is a fact that is a problem in New
Mexico today and not just at some far off date in the future. We're already seeing the effects of
climate change manifest in more extreme drought conditions, larger wildfires, shrinking forests,
and increased flooding when we do receive precipitation. The longer we wait to act, the more
difficult and expensive the solutions will be and the more unpredictable our weather will
become. 'The EPA deserves credit for showing the leadership to actively take on climate
change rather than embracing the pseudo-science and denial that is embraced by far too many in
Washington today. This nation has never solved a single problem by denying the facts. 'Over
the coming days I will be looking closely at the details of this rule to make sure it is flexible,
achievable, and guided by the best available science. But let me be clear, inaction and denial are
not solutions to this very real crisis. The time has come for us to act in the best interest of our
children and all future Americans. They deserve to inherit a safe and healthy environment."'
[Sen. Heinrich Press Release, 6/2/14]
6/2/14: Sen. Hirono: "Today's Announcement By The EPA Is A Significant, Historic
Development In The Global Fight Against Climate Change ... It Sends A Firm Signal To
The World That The United States Is Serious About Addressing The Growing
Environmental Threat To Our People And Our Livelihoods." "'Today's announcement by
the EPA is a significant, historic development in the global fight against climate change,' said
Hirono. 'It sends a firm signal to the world that the United States is serious about addressing the
growing environmental threat to our people and our livelihoods. As our nation's only island
state, Hawaii is already feeling the impact, with sea levels rising at a rate of 0.6 inches per
decade and expected to surpass three feet by the end of the century. The rise of sea levels, ocean
temperatures and ocean acidity directly threaten our state's economy and families, prompting
Hawaii to lead the way with laws limiting greenhouse gas emissions and promoting clean energy
and energy efficiency. The impacts of climate change also can strain our domestic energy
resources and increase instability in other parts of the world, posing a serious threat to our
national security. I have fought to protect the investments in renewable energy research by the
U.S. military - the nation's largest single energy consumer that faces unique energy challenges
operating in the vast Asia-Pacific region - and will continue to do so moving forward."' [Sen.
Hirono Press Release, 6/2/14]
6/2/14: Sen. Hoeven: "The EPA's New Rules For Existing Power Plants Will Do Little To
Reduce Carbon Emissions, But Will Reduce Jobs, Hinder Our Economy And Increase The
Cost Of Everything, From Food To Heat And Consumer Products For American Families
And Businesses." "'The EPA's new rules for existing power plants will do little to reduce
carbon emissions, but will reduce jobs, hinder our economy and increase the cost of everything,
from food to heat and consumer products for American families and businesses. In the first
quarter of this year, the U.S. economy shrank by 1 percent and millions of Americans remain
unemployed, yet the administration has decided that this was the right moment to impose an
entirely new regulatory burden on industry, an approach that Congress has already soundly
rejected. 'Nationally, the EPA itself estimates compliance costs for the regulations will range
from $5.4 billion to $7.4 billion annually beginning in 2020, before increasing to $7.3 billion to

$8.8 billion beginning in 2030. These costs will invariably be passed on to consumers and
businesses. 'As a coal producing state, North Dakota will be especially hard hit by these new
rules. Our state's seven coal-fired power plants provide nearly 80 percent of our residential and
commercial energy needs and provide power to surrounding states in our region, as well. The
lignite coal industry in North Dakota employs 4,097 people and their families, and generates
$3.5 billion in annual business activity. An additional 13,347 individuals work to support and
supply the lignite industry with goods and services, for a total employment of 17,444.
'The way to address emissions is not with a set of burdensome regulations that will prevent
investment and shutdown power plants. Instead, we need to encourage and empower private
investment that will develop and deploy new technology to produce more energy with better
environmental stewardship."' [Sen. Hoeven Press Release, 6/2/14]
6/2/14: Sen. Inhofe: "Today's Proposed Rule By The EPA To Cut Greenhouse Gas
Emissions From Existing Power Plants Will Cost Americans A Fortune, To The Tune Of
$51 Billion In Lost Economic Activity And 224,000 Lost Jobs Per Year. While The
President And EPA Will Tout The Plan's Flexibilities, It Will Result In Cap-And-Trade
Through Regulation, One Of The Largest Tax Hikes That The American People Have
Rejected For Over A Decade." "U.S. Sen. Jim Inhofe (R-Okla.), senior member of the
Environment and Public Works (EPW) Committee, today made the following statement after the
Environmental Protection Agency (EPA) announced the proposal of greenhouse gas regulations
for the nation's existing fleet of electricity generators: 'Today's proposed rule by the EPA to cut
greenhouse gas emissions from existing power plants will cost Americans a fortune, to the tune
of $51 billion in lost economic activity and 224,000 lost jobs per year. While the President and
EPA will tout the plan's flexibilities, it will result in cap-and-trade through regulation, one of the
largest tax hikes that the American people have rejected for over a decade. The rule sets
ambitious targets for C02 reductions that will require the U.S. to rapidly decrease use of our
cheap domestic energy resources, shut down perfectly good power plants, and rely more on
prohibitively expensive renewable energy. Our nation must strike a more reasonable balance of
our energy resources or face a future like Germany where their reliance on renewables has
resulted in energy prices 300 percent higher than in the United States."' [Sen. Jim Inhofe Press
Release, ~~~,

6/2/14: Sen. Inhofe: "This Rule Is All About Pushing A Green Agenda That Has
Been Dreamed Up By The Environmentalist Community For Decades. The
President Is Their Man, And The American People Are Their Victims." "'By EPA's
own admission, greenhouse gases 'do not cause direct adverse health effects such as
respiratory or toxic effects,' rendering their claims that this rule is about pollution
reduction nil and void. This rule is all about pushing a green agenda that has been
dreamed up by the environmentalist community for decades. The President is their man,
and the American people are their victims."' [Sen. Jim Inhofe Press Release, ~~~,

6/2/14: Sen. Johanns: "Finally, One Of President Obama's Plans Will Work As He
Intended-Making Electricity Rates 'Necessarily Skyrocket' As He Promised On The
Campaign Trail." "U.S. Sen. Mike Johanns (R- Neb.) today condemned an EPA global
warming rule targeting power plants, which mandates that existing plants reduce carbon
emissions 30 percent by 2030. Early estimates predict the rule would cost as much as $50 billion

and nearly 225,000 jobs annually. 'Finally, one of President Obama's plans will work as he
intended-making electricity rates 'necessarily skyrocket' as he promised on the campaign
trail,' Johanns said. 'That's bad news for American families who will face higher utility rates and

lost jobs as manufacturers move overseas in search of cheap, reliable electricity. 'This rule by the
EPA targets states like Nebraska where rate payers shoulder all the costs of compliance. We can
all agree that clean air is worth fighting for, but the President seems to imagine a bubble over the
U.S., as if pollution from other countries that generate more and regulate less, doesn't reach our
environment. This reckless and ineffective rule will have little or no impact on climate change,
yet take a devastating toll on our economy."' [Sen. Mike Johanns Press Release, ~~~,
6/2/14: Sen. Kaine: "Today The EPA Proposed Standards For Carbon Emissions For
Existing Power Plants. Reducing This Carbon Pollution Is In Our National Interest, But
We Have An Obligation To Do It In A Way That Makes Economic Sense." "U.S. Senator
Tim Kaine released the following statement today in response to the Environmental Protection
Agency's proposed rule on existing power plants: 'Today the EPA proposed standards for carbon
emissions for existing power plants. Reducing this carbon pollution is in our national interest,
but we have an obligation to do it in a way that makes economic sense. 'I recently wrote to
EPA Administrator Gina McCarthy to request that the usual 60-day comment period be doubled
to 120 days to allow maximum opportunity for citizens and stakeholders to analyze the rule and
share concerns and ideas. I am gratified that EPA has agreed to this request, and I look forward
to dialogue with Virginia families and businesses about the proposal. 'Recent alarming climate
trends, including the rise in sea levels in Hampton Roads, demonstrate that we must reduce
carbon pollution in energy production. That's why I support research investments in cleaner coal
technologies, a groundbreaking plan to develop wind energy off the Virginia coast, safer
development of natural gas resources and major steps to expand energy conservation and
efficiency. These will be some of the innovative options that could count as emissions reductions
under the EPA plan. 'I've seen how smart environmental rules helped us clean up the James
River in my hometown in ways that improved our economy and quality of life. We don't have to
choose between a clean environment and economic growth. We just have to make sure that we
adopt balanced rules that advance environmental goals by spurring economic innovation."' [Sen.
Kaine, 6/2/14]
6/2/14: Sen. King: "These Proposed Rules Are A Significant Step Forward In Protecting
Public Health, Combating Climate Change, And Creating Jobs In Clean Energy." "'These
proposed rules are a significant step forward in protecting public health, combating climate
change, and creating jobs in clean energy. This is an important investment in our children's
future which will pay big dividends for years to come. I especially like that the EPA is not
prescribing a one-size-fits-all solution but is leaving to the states and industry to define the
means of achieving the goals established in the new rules,' Senator King said. 'Maine has been
on the cutting edge of technologies that generate clean energy and reduce emissions. As a
member of the Regional Greenhouse Gas Initiative, we know first-hand that carbon reduction
plans can result in cleaner technologies, cleaner air, and meaningful efficiency upgrades for
peoples' homes. I am proud that Maine plays such a significant role in protecting our
environment."' [Sen. King Press Release, 6/2/14]
6/2/14: Sen. Landrieu: "While It Is Important To Reduce Carbon In The Atmosphere, This

Should Not Be Achieved By EPA Regulations." "U.S. Senator Mary L. Landrieu, D-La., chair of

the Senate Committee on Energy and Natural Resources, today said Congress-not the
EPA-should set C02 emission standards. The Senator has time and time again opposed the
EPA acting alone to reduce carbon emissions. 'While it is important to reduce carbon in the
atmosphere, this should not be achieved by EPA regulations. Congress should set the terms,
goals and timeframe. Greater use of natural gas and stronger efficiency measures adopted by the
industry have already helped us reduce carbon emissions to their lowest levels in 20 years, and
this should continue. I will work with leaders of both parties to build on the progress we have
already made,' Sen. Landrieu said." [Sen. Landrieu Press Release, 6/2/14]
6/2/14: Sen. Leahy: "For The Good Of Our Generation And Future Generations, The
President Has Shown The Courage And The Foresight To Do What Has Long Been
Overdue ... Today The Environmental Protection Agency Has Announced New, Flexible,
Commonsense Guidelines To Reduce Carbon Pollution From The Power Sector Across
The Country." "The era of letting energy companies put profits over people -- harming our
health, endangering our more vulnerable citizens, and scarring the planet -- must finally end. For
the good of our generation and future generations, the President has shown the courage and the
foresight to do what has long been overdue. 'Today the Environmental Protection Agency has
announced new, flexible, commonsense guidelines to reduce carbon pollution from the power
sector across the country. They were crafted with feedback from businesses and from state and
local governments. 'This historic step is not based on theory but on sound science and long
experience with the effects of this major, unchecked source of pollution in communities across
the nation. This is tangible progress in turning the comer toward a healthier and more
sustainable clean energy economy."

6/2/14: Sen. Leahy: "The President Is Right To Push To Address This Climate
Crisis, Which Will Be Catastrophic For Future Generations If We Do Not Act Now.
The EPA Is Doing Just What Congress And The Supreme Court Has Directed
Under The Clean Air Act: If A Pollutant Endangers Public Health And Welfare, It
Must Be Limited." "The President is right to push to address this climate crisis, which
will be catastrophic for future generations if we do not act now. The EPA is doing just
what Congress and the Supreme Court has directed under the Clean Air Act: If a
pollutant endangers public health and welfare, it must be limited. As a parent and
grandparent, I believe that we must confront this crisis for the sake of generations to
come. As the people of Vermont saw firsthand when Hurricane Irene tore through our
state, the effects of climate change are already being felt, and the dangers we face are far
too great to risk inaction." [Sen. Leahy Press Release, _____,

6/2/14: Sen. Leahy: "This Is A Meaningful Step That Will Make A Real Difference
In The Lives Of All Americans Now And In The Future, And I Applaud And
Support The President's Initiative." "This plan will also result in a reduction in
particulate matter and ozone emissions, which will prevent thousands of premature
deaths and hundreds of thousands of asthma attacks. I am pleased that this plan will
allow flexibility for states and will help to create a much-needed surge in renewable
energy and efficiency investments. This means new jobs in manufacturing, building
trades and construction industries across the country. 'The effects of climate change may

be hard to measure with precision, but surely we can all agree that taking steps to
mitigate environmental impacts of harmful pollutants that have an adverse impact on
the health and well-being of children and adults benefits us all. This is a meaningful step
that will make a real difference in the lives of all Americans now and in the future, and I
applaud and support the President's initiative."' [Sen. Leahy Press Release,~~-,

6/2/14: Sen. Manchin: "There Is No Doubt That Seven Billion People Have Had An Impact
On Our World's Climate; However, The Proposed EPA Rule Does Little To Address The
Global Problem With Global Solutions. Instead, Today's Rule Appears To Be More About
Desirability Rather Than Reliability Or Feasibility, With Little Regard For Rising
Consumer Prices, The Effects On Jobs And The Impact On The Reliability Of Our Electric
Grid." "U.S. Senator Joe Manchin (D-W.Va.) issued the following statement in response to the
Environmental Protection Agency (EPA) proposed Existing Source Performance Standards for
carbon dioxide emissions produced by fossil fuel power plants. 'There is no doubt that seven
billion people have had an impact on our world's climate; however, the proposed EPA rule does
little to address the global problem with global solutions. Instead, today's rule appears to be
more about desirability rather than reliability or feasibility, with little regard for rising consumer
prices, the effects on jobs and the impact on the reliability of our electric grid. The President's
own Energy Information Administration (EIA) predicts that coal will continue to provide nearly
a third of our electricity through 2040, but the rule seems to ignore that reality."' [Sen. Manchin
Press Release, 6/2/14]
6/2/14: Sen. Markey: "This Is The Beginning Of The End Of America's Long, Dirty Power
Plant Era. These New Carbon-Cutting Targets Will Shift The American Clean Energy
Revolution That Has Already Started Into Overdrive, Creating Jobs And Cutting The
Pollution That Threatens Our Health, Our Environment, And Our Future." "Senator
Edward J. Markey (D-Mass.), the co-author of the only comprehensive climate change bill to
pass a chamber of Congress, today released the following statement on the U.S. Environmental
Protection Agency's release of new rules to cut heat-trapping carbon pollution from America's
existing power plants. Senator Markey chairs the Foreign Relations subcommittee that handles
climate change, leads the U.S. Senate Climate Change Clearinghouse, and is a member of the
Environment and Commerce Committees. 'This is the beginning of the end of America's long,
dirty power plant era. These new carbon-cutting targets will shift the American clean energy
revolution that has already started into overdrive, creating jobs and cutting the pollution that
threatens our health, our environment, and our future. Massachusetts is already a leader in
developing and deploying clean energy technology and these new rules will increase the demand
for businesses in our state. 'Coal companies, the Koch brothers, and other allies of polluting
special interests may fight this proposal, but scientific facts, economic opportunity, and history
aren't on their side. I am ready to stand up and fight back against these special interests that will
attack this historic move to help protect people and the planet." [Sen. Markey Press Release,
6/2/14]

6/2/14: Sen. Markey: "I Commend President Obama And Administrator Mccarthy
For Their Dedication And Vision To Put Forward This Historic Proposal." '"When
Waxman-Markey was moving through Congress, I told coal companies that they had a
choice between legislation or regulation. They chose to help kill the climate legislation in

the Senate. If they were concerned about using the law to clean up their act, they should
have engaged in the legislative debate instead of killing the bill. 'Last week, I met with
Pope Francis and Vatican leaders about our moral duty to protect the climate. This is our
chance to engage in a new era of cleaner energy job creation that will benefit all of
creation. I commend President Obama and Administrator McCarthy for their dedication
and vision to put forward this historic proposal."' [Sen. Markey Press Release, 6/2/14]
6/2/14: Sen. McCaskill (Provided to White House): "We've Got Several Months To Study
This Plan, And I'm Glad The EPA Agreed To My Request To Double The Amount Of
Time For Public Feedback ... One Thing Is Clear-We Can't Stand By And Do Nothing
While Air Pollution Increasingly Harms The Health And Livelihoods Of Missouri Families
And Businesses." "We've got several months to study this plan, and I'm glad the EPA agreed to
my request to double the amount of time for public feedback. I want to hear from stakeholders on
all sides while I take a hard look at what these proposals would mean for our state. Any plan that
earns my support will have to provide flexibility to states like Missouri and protect working and
low-income families from costly increases in their electricity bills. One thing is clear-we can't
stand by and do nothing while air pollution increasingly harms the health and livelihoods of
Missouri families and businesses." [Sen. McCaskill Press Release, 6/2/14]
6/2/14: Sen. Merkley: "Acting Now To Cut Down On The Single Biggest Source Of Carbon
Pollution Is Absolutely The Right Thing To Do, And I'll Keep Pushing For Further
Action." "Oregon's Senator Jeff Merkley released the following statement after the
Environmental Protection Agency (EPA) announced new rules to cut carbon pollution from
power plants: 'Climate change is no longer a distant hypothetical -- it is here now. It is already
waging an assault on Oregon's natural resources, damaging our farming, fishing, and forest
industries. 'Americans don't back down in the face of a challenge. We act. Acting now to cut
down on the single biggest source of carbon pollution is absolutely the right thing to do, and I'll
keep pushing for further action."' [Sen. Merkley Press Release, 6/2/14]
6/2/14: Sen. Menendez: "We Have A Moral Obligation To Do What We Can To Combat
Climate Change And I Applaud Today's Announcement That Our Country Will Take A
Bold, Much-Needed Step In The Right Direction." "U.S. Senator Robert Menendez (D-NJ)
today applauded new environmental standards that will cut carbon emissions from the nation's
power plants by up to 30 percent in 2030. The proposed Clean Air Act rule, announced by the
Environmental Protection Agency (EPA), will require states to create individualized plans to
reduce carbon pollution. 'We have a moral obligation to do what we can to combat climate
change and I applaud today's announcement that our country will take a bold, much-needed step
in the right direction,' said Sen. Menendez. 'The new power plant rules allow for flexibility in
reducing carbon emissions state-by-state and I look forward to living in a cleaner, greener New
Jersey. This Administrative action moves us away from unnecessary partisan bickering and
nonsensical climate denying - and puts us on a path forward that will improve our environment,
public health and our energy future.' 'Now that we have a nationwide rule concerning power
plant climate pollution, I sincerely hope Governor Christie understands the need to rejoin the
Regional Green House Gas Initiative (RGGI). New Jersey has already taken significant steps to
clean up its power generation fleet, so compliance with the rule should not be difficult, but RGGI
membership would make it even easier."' [Sen. Menendez, 6/2/14]

6/2/14: Sen. Jerry Moran: "The Proposed EPA Rule, Crafted Without The Input Of
Congress, Amounts To A National Energy Tax That Will Threaten Economic Growth,
Destroy Jobs, And Lead To Higher Energy Costs For Kansas Families And Businesses.
Kansas Would Be Especially Hurt Because More Than 60 Percent Of Our State's
Electricity Production Comes From Coal." "The proposed EPA rule, crafted without the input
of Congress, amounts to a national energy tax that will threaten economic growth, destroy jobs,
and lead to higher energy costs for Kansas families and businesses. Kansas would be especially
hurt because more than 60 percent of our state's electricity production comes from coal. At a
time when our country is making progress in regaining manufacturing jobs from abroad, these
regulations will again send jobs out of the United States. Washington should focus on commonsense policies to make energy cleaner and more affordable rather than more red tape and harmful
regulations. This Administration continues to ignore the impact a rule like this has on average
Americans." [Rep. Moran Press Release, ~~~,
6/2/14: Sen. Murkowski: "Despite Negative Economic Growth Last Quarter, And Despite
Far Better Approaches Pending In Congress To Promote Energy Efficiency And Energy
Innovation, The President Has Decided To Push Ahead And Propose A Sweeping New
Regulation On Our Still-Weak Economy." "U.S. Sen. Lisa Murkowski, R-Alaska, today
criticized the Environmental Protection Agency's (EPA) proposal to regulate greenhouse gas
emissions from existing power plants as harmful to the U.S. economy. 'Despite negative
economic growth last quarter, and despite far better approaches pending in Congress to promote
energy efficiency and energy innovation, the president has decided to push ahead and propose a
sweeping new regulation on our still-weak economy. 'For years, I have expressed concern that
EPA's unilateral regulations will come at a high cost and harm the affordability and reliability of
our energy supply. Nothing I have seen today, including the general dismissal of concerns about
the rule's costs, has lessened my concerns. 'This draft rule is more than 600 pages long and
paired with nearly 400 pages of regulatory analysis. As a result, it's impossible to immediately
give a full reaction to what EPA has proposed. It will take time to fully review how it would
impact my home state of Alaska - which EPA seems not to have considered as it developed the
rule - and the rest of our country. 'As we begin our review, however, I would encourage
stakeholders to remember that this is one of many rules that EPA has issued in recent years. We
still do not have an accurate accounting of the cumulative costs associated with them, but we do
know that EPA has dramatically underestimated plant retirements in the very recent past. 'I am
also convinced that this rule will make it even more important for the Federal Energy Regulatory
Commission and the Department of Energy to step up and protect the reliability and affordability
of U.S. power supplies."' [Sen. Murkowski Press Release, 6/2/14]
6/2/14: Sen. Murray: "I Applaud President Obama And His Administration For Moving
Forward With A Common-Sense, Flexible Proposal To Limit Dangerous Carbon Pollution
And Fight Back Against The Growing Threat Of Climate Change." "Today, Monday, June
2nct, 2014, U.S. Senator Patty Murray (D-WA) released the following statement as the
Environmental Protection Agency released a proposal to mandate power plants cut carbondioxide emissions 30 percent by 2030 as part of President Obama's Climate Change Action
Plan. 'I applaud President Obama and his administration for moving forward with a commonsense, flexible proposal to limit dangerous carbon pollution and fight back against the growing

threat of climate change. Industrial carbon pollution poses serious health risks for our families,
pollutes our water and air, and it is wrong that power plants across the country can release as
much of this pollution into the air as they want."' [Sen. Patty Murray Press Release, ~~~,

6/2/14: Sen. Murray: "My Home State Of Washington Is A Leader In Cutting Its
Share Of Harmful Carbon Pollution, And I Am Pleased The President's Proposal
Recognizes Washington State's Leadership And Allows Us To Build On That
Progress." "'These common-sense safeguards to limit dangerous carbon pollution from
power plants will help tum the tide on climate change, which is an environmental
challenge that we owe to our children and grandchildren to address responsibly. Climate
change is already raising food prices, harming the health and safety of children and
families in communities across the country, and stressing our nation's energy security. As
Chairman of the Senate Budget Committee, I am also particularly focused on the
increasing evidence that links climate change to our nation's long-term fiscal challenges.
For these reasons and more, I believe that making polluters clean up the power plants that
are making dangerous climate change worse is simply the right thing to do. 'My home
state of Washington is a leader in cutting its share of harmful carbon pollution, and I am
pleased the President's proposal recognizes Washington state's leadership and allows us
to build on that progress."' [Sen. Patty Murray Press Release, ~~-,

6/2/14: Sen. Paul: "The Excessive Rule Is An Illegal Use Of Executive Power And I Will
Force A Vote To Repeal It." "Sen. Rand Paul today issued the following statement regarding
the Environmental Protection Agency's new proposed rule that targets coal-fired power plants:
'This latest assault on our economy by President Obama will destroy jobs here in Kentucky and
across the country, and will hurt middle class families by hiking their utility bills and straining
their budgets,' said Sen. Paul. 'The excessive rule is an illegal use of executive power and I will
force a vote to repeal it."' [Sen. Rand Paul Press Release, ____,
6/2/14: Sen. Pryor: "I Have Serious Concerns That The EPA's Proposal Will Undermine
The Affordable And Reliable Electricity Arkansans Currently Enjoy. I Will Continue To
Speak With Arkansas Stakeholders To Gauge How This Rule Could Impact Our State's
Economy And Jobs." "I have serious concerns that the EPA's proposal will undermine the
affordable and reliable electricity Arkansans currently enjoy. I will continue to speak with
Arkansas stakeholders to gauge how this rule could impact our state's economy and jobs. Last
week, I asked the EPA to extend the comment period once this proposal was released. I'm
pleased this request was granted, and I would urge consumers, businesses and utilities to make
their concerns heard." [Sen. Pryor Press Release, 6/2/14]
6/2/14: Sen. Reed: "This Proposal Is A Good Step Toward A Cleaner Energy Future And
Reducing Pollution. It Sets Achievable Goals And Gives States The Flexibility To Pursue
The Most Cost-Effective Means Of Compliance." "EPA aims to cut carbon emissions from
existing power plants nationwide by 30 percent below 2005 levels. Other air pollutants that are
harmful to public health would be reduced by more than 25 percent. 'We know that pollution
has real and costly health impacts. This proposal is a good step toward a cleaner energy future
and reducing pollution. It sets achievable goals and gives states the flexibility to pursue the most
cost-effective means of compliance. By recognizing and leveraging existing state and regional

efforts like the Regional Greenhouse Gas Initiative, EPA has provided a flexible framework to
reduce greenhouse gas emissions and harness cleaner energy sources while protecting consumers
and ensuring the reliability of our energy system. Reducing pollution and spurring innovation
are critical to addressing climate change, strengthening our economy, and protecting public
health,' said Reed, who chairs the Appropriations Subcommittee on Interior, Environment and
Related Agencies, which oversees federal funding for the EPA. 'The federal government needs
to be a reliable partner in the fight against climate change, and I am encouraged to see the EPA
use their authority under the Clean Air Act to take action and safeguard public health. This
proposal is likely to encourage other states to follow Rhode Island's lead on climate change and
consider engaging in regional climate action."' [Sen. Jack Reed Press Release, 6/2/14]

6/2/14: Sen. Reed: "I Am Pleased EPA Recognized The Progress Already Being
Made At The State And Regional Levels And Has Drafted A Rule That Gives The
States Flexibility To Build Upon Existing Efforts To Achieve Further Emissions
Reductions." "'I am pleased EPA recognized the progress already being made at the
state and regional levels and has drafted a rule that gives the states flexibility to build
upon existing efforts to achieve further emissions reductions. This proposal gives states a
broad menu of carbon-cutting options, including energy efficiency improvements or
adding clean energy sources, in order to find the most cost-effective measures to curb
pollution and maintain reliability. I will continue to ensure that Rhode Islanders' voices
are heard and clean energy policies result in real energy savings and more jobs for Rhode
Island,' concluded Reed." [Sen. Jack Reed Press Release, 6/2/14]

6/2/14: Sen. Pat Roberts: "The Obama Administration's Latest End Run Around Congress
Has Been Estimated By The U.S. Chamber Of Commerce To Cost 224,000 U.S. Jobs On
Average Every Year Through 2030. These Regulations Would Also Increase Electricity
Costs By $289 Billion And Lower Households' Disposable Income By $586 Billion Through
That Same Period." "Today's announcement of more draconian EPA regulations from the
Obama Administration threatens not only our nation's stated goal of energy independence, but
every middle class family struggling to make ends meet. I'll use every legislative tool to fight
this shortsighted proposal, including supporting legislation to prevent the EPA from finalizing
this rule, and limiting funding through the appropriations process. 'The Obama Administration's
latest end run around Congress has been estimated by the U.S. Chamber of Commerce to cost
224,000 U.S. jobs on average every year through 2030. These regulations would also increase
electricity costs by $289 billion and lower households' disposable income by $586 billion
through that same period." [Sen. Roberts Press Release, 6/2/14]
6/2/14: Sen. Rockefeller: "I Understand The Fears That These Rules Will Eliminate Jobs,
Hurt Our Communities, And Drive Up Costs For Working Families. I Am Keenly Focused
On Policy Issues That Affect West Virginians' Health And Their Livelihoods. However,
Rather Than Let Fear Alone Drive Our Response, We Should Make This An Opportunity
To Build A Stronger Future For Ourselves ... And, The Costs Of Inaction Are Far Greater
Than The Costs Of Action." '"The EPA announced today a major step in reducing carbon
emissions, and I support its goal of safeguarding the public's health. Strengthening West
Virginians' health and well being has always been at the heart of my career in public service. 'I
understand the fears that these rules will eliminate jobs, hurt our communities, and drive up costs

for working families. I am keenly focused on policy issues that affect West Virginians' health
and their livelihoods. However, rather than let fear alone drive our response, we should make
this an opportunity to build a stronger future for ourselves. West Virginians have never walked
away from a challenge, and I know together we can create a future that protects our health,
creates jobs, and maintains coal as a core part of our energy supply. Already, we've seen
successes with clean coal technology in West Virginia, and countries around the world are
innovating to reduce carbon emissions from coal. We have the brightest minds and the
competitive spirit to solve this challenge - but achieving this goal means finding the political
will to invest real federal dollars in clean coal technology rather than continuing to rely solely on
the private sector. 'The threat that climate change and unhealthy air pose to all of our futures
cannot be understated. And, the costs of inaction are far greater than the costs of action."' [Sen.
Rockefeller Press Release, 6/2/14]
6/2/14: Sen. Rubio: "What They Don't Understand, Or Seem To Want To Ignore Is That
The Largest Contributors Of Carbon To The Atmosphere Today Are Developing
Countries Like China And India ... Americans Are Going To Pay A Terrible Price For
These Sorts Of Unilateral Executive Actions The President Is Taking On Energy."
"Conway:'[ ... ] We're going to see new EPA rules today. They want to cut emissions from coalfired power stations by 30%. We still don't have Keystone. They're out of control as well, aren't
they?'
Rubio: 'This is yet another harmful measure being taken - for the purposes of setting an
example, is what they're saying- 'We need to go on the global stage. We have this big
conference in 2015. We want the U.S. to be able to lead by example on all these climate change
measures.' What they don't understand, or seem to want to ignore is that the largest contributors
of carbon to the atmosphere today are developing countries like China and India. This notion
that, 'Somehow, if we destroy our economy by raising utility prices for Americans, they're going
to follow our example,' is silly. They're going to continue to grow until they feel like they've
grown to a point where they feel like they can even entertain these sorts of things. They are far
off from that. Americans are going to pay a terrible price for these sorts of unilateral executive
actions the President is taking on energy."' [Orlando's NewsRadio 102.5 WFLA Transcript via
Sen. Rubio Press Release, ~~~,
6/2/14: Sen. Sanders: "I Applaud The EPA's Proposal For Common-Sense Standards To
Reduce The Carbon Pollution That Causes Global Warming. Much More Must Be Done
To Avoid A Planetary Crisis, But Reducing Emissions From Dirty Coal-Fired Power Plants
Is A Good Step." '"I applaud the EPA's proposal for common-sense standards to reduce the
carbon pollution that causes global warming. Much more must be done to avoid a planetary
crisis, but reducing emissions from dirty coal-fired power plants is a good step. Shutting down
old, dirty power plants and replacing them with solar, wind and other renewable and sustainable
sources of energy will also create hundreds of thousands of jobs and save consumers billions of
dollars,' Sanders said ... 'Vermont is leading the way,' Sanders said. I congratulate Efficiency
Vermont for being cited as a national model and for other efforts underway in Vermont to
address global warming."' [Sen. Sanders Press Release, 6/2/14]
6/2/14: Sen. Shaheen: "The Draft EPA Rules Will Get Midwest Power Plants To Do What
Power Plants In New England Have Already Done And Will Decrease The Air Pollution

That Moves From The Midwest To Our States." "Democratic Sen. Jean [sic] Shaheen of New

Hampshire, who also has a tough re-election challenge from former Massachusetts Sen. Scott
Brown, took her own regional approach to the matter, saying the EPA rule was needed to
balance regulation of power plants. 'For too long, the Midwest has been allowed to lag behind
New Hampshire and other New England states in addressing carbon pollution,' she said,
referring to acid rain regulations that affected her region. 'The draft EPA rules will get Midwest
power plants to do what power plants in New England have already done and will decrease the
air pollution that moves from the Midwest to our states.' Shaheen added that 'we are already
seeing the impact of climate change in New Hampshire, threatening many of our traditional
industries and the health of our children,' saying she would 'carefully review the proposed EPA
rules to ensure they protect New Hampshire, but the time for national action is long overdue."'
[CNN,~~,

6/2/14: Sen. Tester: "This Responsible Proposal Gives States Flexibility To Balance The
Needs Of Today With The Demands Of Tomorrow. I Will Make Sure It Works For
Montanans." "Senator Jon Tester today released the following statement after the EPA
announced its proposal to reduce U.S. carbon dioxide emissions from existing power plants by
30 percent by 2030: 'Agriculture and outdoor recreation power Montana's economy. From floods
to fires to beetle-killed trees, we know the consequences of the changing climate. State-based
solutions that limit the effects of climate change will keep these industries and our economy
strong. This responsible proposal gives states flexibility to balance the needs of today with the
demands of tomorrow. I will make sure it works for Montanans."' [Sen. Jon Tester Press
Release, ~~~,
6/2/14: Sen. Thune: "The President's Proposed Regulations Are Lose-Lose-Lose." "U.S.
Senator John Thune (R-South Dakota) this morning made the following comment regarding the
Environmental Protection Agency's (EPA) proposed regulations on existing power plants:
'Make no mistake, the administration's proposed rule is nothing more than a national energy tax
that will be yet another sucker punch to middle-class families throughout South Dakota
struggling to get by in the Obama economy. These regulations, which will increase electricity
costs, will especially hurt low-income families and seniors who live on fixed incomes and
already devote a large share of their income to electricity bills. In addition to hurting families,
the regulations will destroy jobs, while essentially doing nothing to improve our global
environment. The president's proposed regulations are lose-lose-lose."' [Sen. John Thune Press
Release, ~~~,
6/2/14: Sen. Toomey: "The War On Coal Continues. Coal Is A Domestically Sourced, LowCost Form Of Energy Which Helps Sustain Jobs For Pennsylvania And Beyond. Over The
Decades, Coal-Fired Plants Also Have Gone To Impressive Lengths To Reduce Emissions.
Nevertheless, The Obama Administration Continues To Implement Policies That Will
Make Energy More Expensive For Hard-Working Pennsylvanians While Destroying Good,
Family-Sustaining Jobs." "U.S. Senator Pat Toomey (R-Pa.) issued the following comment
regarding the Environmental Protection Agency's (EPA) proposed regulations on existing power
plants: 'The War on Coal continues. Coal is a domestically sourced, low-cost form of energy
which helps sustain jobs for Pennsylvania and beyond. Over the decades, coal-fired plants also
have gone to impressive lengths to reduce emissions. Nevertheless, the Obama administration

continues to implement policies that will make energy more expensive for hard-working
Pennsylvanians while destroying good, family-sustaining jobs. 'This new policy is more of the
same old bad ideas we have heard for six years. From making coal-fired electricity prohibitively
expensive; to forcing taxpayers to subsidize inefficient energy; to burning more corn in gas
tanks, the President continues to advocate policies that raise prices for consumers and
eliminate jobs.I// [Sen. Pat Toomey Press Release, ~~~,

6/2/14: Sen. Mark Udall: "The EPA's Draft Rule Is A Good Start, And I Will Fight To
Ensure It Complements The Work We Have Already Done In Colorado And Provides
States The Flexibility They Need To Make It Successful." "Mark Udall, who serves on the
U.S. Senate Energy and Natural Resources Committee, said the draft rule the Environmental
Protection Agency unveiled today follow a path Colorado has trailblazed over the past decade.
Udall said laws like Colorado's Clean Air, Clean Jobs Act have not only given Colorado a
running start, but they also show how Colorado is uniquely positioned to lead national efforts to
reduce carbon emissions and confront climate change. 'Climate change is threatening Colorado's
special way oflife. Coloradans have seen firsthand the harmful effects of climate change,
including severe drought, record wildfires and reduced snowpack,' Udall said. 'Coloradans also
have led the nation over the past decade in confronting this challenge and showing how we can
reduce carbon emissions, protect our land, water and air, and strengthen our economy. The
EPA's draft rule is a good start, and I will fight to ensure it complements the work we have
already done in Colorado and provides states the flexibility they need to make it successful."'
[Sen. Mark Udall, 6/2/14]
6/2/14: Sen. Tom Udall: "Today's Proposed Clean Power Rule Is Designed To Help Provide
What Every New Mexican Wants For Our Children: Clean Air, Fresh Water And Good
Health. And It Allows Each State To Shape Our Own Path To Lower Carbon Emissions."
"'We've seen the impacts of climate change firsthand here in New Mexico. Prolonged droughts,
more frequent wildfires and increased threats to forests and agriculture present some of the
biggest economic and public health challenges we face in our state and nation. And when we're
faced with problems, we roll up our sleeves and solve them. 'Today's proposed clean power rule
is designed to help provide what every New Mexican wants for our children: clean air, fresh
water and good health. And it allows each state to shape our own path to lower carbon emissions.
I've always said we need a 'do it all, do it right' strategy to balance traditional energy with new
energy sources. Let's seize this opportunity to spur innovation and job creation, strengthen
industries New Mexico does well, like solar, wind and biofuels, and build a clean energy future
for the generations to come."' [Sen. Tom Udall Press Release, 6/2/14]
6/2/14: Sen. Vitter: "This Rule Is All Pain, No Gain." "U.S. Sen. David Vitter (R-La.), top
Republican on the Environment and Public Works Committee, made the following statement
about President Obama's new regulations on carbon emissions from existing power plants as part
of his Climate Action Plan. 'This rule is all pain, no gain,' Vitter said. 'American families and
businesses will have to shoulder all the costs and burden from this rule without contributing to
any significant reduction in global carbon emissions. It's cap and trade all over again - but this
time without giving the American public a voice to vote on it in Congress. This rule is just a
payday for President Obama's friends and political allies.' This rule is expected to have a less
than 2% impact on carbon emissions reductions because it will not impact the world's largest

carbon emitters like China, India, and Russia. However, the rule will impose less reliable
electricity with much higher prices on all Americans. Last week, the U.S. Chamber of
Commerce released a report showing how a rule such as the one released today would decrease a
family's disposable income by $3,400 per year and increase their electricity bills by $200. The
report also estimates a loss of 224,000 jobs per year between 2014 and 2030." [Sen. Vitter Press
Release, 6/2/14]
6/2/14: Sen. Warner: "These Draft Regulations On Existing Source Carbon Power Plant
Emissions Are Complicated, Consequential And Far-Reaching, And I Am Pleased The
Administration Wisely Decided To Accept
To Double The Comment
Period From 60 To 120 Days." "'Virginia is at the center of the national debate on climate
change, with our coalfields in southwest Virginia and the Commonwealth's coastal cities
beginning to see the impact of sea rise. These draft regulations on existing source carbon power
plant emissions are complicated, consequential and far-reaching, and I am pleased the
Administration wisely decided to accept our recommendation to double the comment period
from 60 to 120 days. 'This is a first step in a very long process, and it is important that
Virginians have a full and fair opportunity to express their views on the proposed rule. I will
review the EPA proposal and consult with a broad variety of Virginia stakeholders on these
issues. I will work to ensure that any final rule provides Virginia with adequate flexibility,
enhances innovation and R&D in clean coal, and ensures that we maintain a safe and reliable
energy network to power a competitive economy."' [Sen. Warner Press Release, 6/2/14]
6/2/14: Sen. Whitehouse: "It's Real And It's Serious, But With Republicans In Congress
Still Refusing To Take The Climate Threat Seriously, EPA Standards Are The Best We
Can Do To End The Polluters' Long Holiday From Responsibility. I Applaud The Obama
Administration For Moving Forward To Clean Up The Worst Carbon Polluters In This
Country." "Today the Obama Administration proposed new state-specific carbon pollution
standards for power plants, which are the largest source of carbon pollution in America. U.S.
Senator Sheldon Whitehouse (D-RI), chairman of the Senate Environment and Public Works
(EPW) Subcommittee on Clean Air and Nuclear Safety, is hailing the proposed rules as an
important step forward in our nation's effort to combat climate change and protect public health.
'It's long past time for there to be some limit to the carbon pollution that power plants spew into
our skies,' said Whitehouse. 'It's real and it's serious, but with Republicans in Congress still
refusing to take the climate threat seriously, EPA standards are the best we can do to end the
polluters' long holiday from responsibility. I applaud the Obama Administration for moving
forward to clean up the worst carbon polluters in this country."' [Sen. Whitehouse Press Release,
6/2/14]

6/2/14: Sen. Wyden: "EPA's Proposed Rule Offers An Opportunity To Put Our Country
On The Road To Lower Emissions And Put Each State In The Driver's Seat To Determine
Its Own Best Course." "Sen. Ron Wyden, D-Ore., today issued the following statement after
the Environmental Protection Agency announced a proposal to reduce U.S. greenhouse gas

emissions by 30 percent by 2030: 'American businesses, farmers, ranchers and families are
experiencing the effects of climate change in the United States today. Inaction on climate
change is no longer an option, so those who would criticize EPA's plan have a responsibility to
put forward their own ideas on how to move to a low-carbon economy. Climate change is the
most important environmental challenge of our time. Without immediate action, its effects will
only get worse. EPA's proposed rule offers an opportunity to put our country on the road to
lower emissions and put each state in the driver's seat to determine its own best course.I// [Sen.
Ron Wyden Press Release, ___,

House of Re resentatives

Report: new EPA regulations will lead to 224,000 fewer jobs on average every year through
2030 ~~~~~~~

Recent report estimates EPA regulations will force consumers to pay $289 billion more for
electricity through 2030
---Ob----------

6/2/14: Rep. Lou Barletta: "As a father and grandfather, I support a clean environment as
much as anyone, but I also support an 'all of the above' approach to energy, rather than
singling out one sector as the perennial villain ... This is yet another attempt by the
president to circumvent the people's representatives and enact policies he was unable to get
through Congress." "'As a father and grandfather, I support a clean environment as much as
anyone, but I also support an 'all of the above' approach to energy, rather than singling out one
sector as the perennial villain. The proposed EPA edict continues a disturbing trend of
governing by executive power without legislative action or concern for the effect on people back
home. Actions that will have such a striking impact on our economy should be carefully
considered by Congress and not forced upon people by unelected bureaucrats. 'This is yet
another attempt by the president to circumvent the people's representatives and enact policies he
was unable to get through Congress. This is nothing more than imposing the expensive and jobkilling cap-and-trade legislation on consumers through the back door since Congress has killed it
repeatedly. 'It's a terrible deal for Pennsylvania, where our coal industry supports 36,000 jobs
and supplies electricity to millions of residents. Pennsylvania has already seen marked
improvement in its air quality since 2003. If existing power plants are even able to comply, the
costs will be substantial and will necessarily increase the prices customers pay. Dramatic hikes
in the cost of electricity will mostly hurt people who can least afford it, including senior citizens
living on fixed incomes. 'President Obama actually may be keeping a campaign promise with
this announcement - he is well on his way to bankrupting the coal industry."' [Rep. Barletta
Press Release, ~~-,
6/2/14: Rep. Marsha Blackburn: "According To The Chamber Of Commerce, The
Proposed Rule Will Result In The Loss Of Hundreds Of Thousands Of Jobs, Lower
Disposable Household Income By $586 Billion, And Increase Electricity Costs By Over

$289 Billion." "The EPA's proposed rule regulating greenhouse gas emissions from existing
fossil fuel-fired power plants continues the Obama Administration's war on coal and will tum
out the lights on American job creators. This rule is another tax on the American taxpayers and
will lead to higher electricity rates and fees. According to the Chamber of Commerce, the
proposed rule will result in the loss of hundreds of thousands of jobs, lower disposable
household income by $586 billion, and increase electricity costs by over $289 billion. President
Obama promised to make electricity rates skyrocket. Unfortunately, this is one pledge he intends
to keep." [Press Release, 6/02/2014]
6/2/14: Rep. Bucshon: "Today's Announcement Is Yet Another Notch In The President's
Belt To Achieve His 2008 Promise That Electricity Rates Would Necessarily Skyrocket For
Hardworking Americans." "'As a physician and father of four, I want my kids and all
Americans to drink clean water and breathe clean air. This should be a goal we all share. In fact,
since 2008, emissions have declined over 9%. Unforhmately, what we've seen over the past few
years under President Obama's EPA is a complete disregard of science and a focus on pushing a
purely ideological agenda at any expense. 'Today's announcement is yet another notch in the
President's belt to achieve his 2008 promise that electricity rates would necessarily skyrocket for
hardworking Americans. More than any other state, this promise and new proposed rules have
the potential to astronomically impact Indiana, our economy, and those struggling everyday to
make ends meet. 'Every Hoosier coal mine is located in my district. A lot is at stake for our
families. Studies have repeatedly shown that these proposals will have little impact on the
environment in exchange for increased energy prices for families and businesses. By increasing
energy prices and putting jobs at risk, these regulations erode our state's competitiveness. 'At a
time when our economy is struggling, the President should be focused on policies that will
protect jobs and keep energy prices low, instead of pushing an ideological agenda."' [Rep.
Bucshon Press Release, ___,

announcement will cost hundreds of thousands of


~~-'-=~at 2 p.m. ET/I p.m. CT to discuss.

The Imperial Presidency continues w/ today's


~~-"''w'- costs & a slowed economy.

each year. I'll be on

power plant rules. Costly regulations, higher

Thanks to this new EPA rule, the working families of West Virginia will bear the burden of
fewer jobs and higher energy prices.

New EPA rule will kill 224,000 jobs every year until 2030 and impose $50 billion in annual
costs. ~~~~~-6/2/14: Rep. Capps: "Today's Announcement By The EPA Is A Historic Step Forward In
Our Effort To Combat Climate Change And Protect The Health Of Our Communities."
"Today, Rep. Lois Capps (CA-24), a public health nurse and member of the Committee on

Energy and Commerce, released the following statement on the proposed EPA greenhouse gas
emission standards for existing coal and natural gas fired power plants: Today's announcement

by the EPA is a historic step forward in our effort to combat climate change and protect the
health of our communities. With Congressional leadership refusing to act, these proposed rules
will go a long way toward reducing greenhouse gas emissions, keeping our air clean, and
protecting the health of seniors, children, and families."' [Rep. Lois Capps Press Release,

6/2/14: Rep. Cassidy: "When Will The President Care As Much For The American Worker
As He Does About His Notions Of Climate Change? The GDP Decreased Last Quarter,
The Number Of Unemployed Americans Is Too High And Families Are
Struggling ... Instead, President Obama Is Proposing Regulations That Hamstring The
Economy, Raising Utility Costs For Families And Destroying Tens Of Thousands Of Jobs."
"Today, Congressman Bill Cassidy commented on the Obama Administration's proposal that will
force power plants to cut carbon emissions by up to 20 percent. Dr. Bill Cassidy (R-LA) released
the following statement: 'When will the President care as much for the American worker as he
does about his notions of climate change? The GDP decreased last quarter, the number of
unemployed Americans is too high and families are struggling. The Federal Government should
focus on creating jobs. Instead, President Obama is proposing regulations that hamstring the
economy, raising utility costs for families and destroying tens of thousands of jobs. I will
continue to push back against EPA over-regulation and fight for pro-growth energy policies that
will help, not hurt, Louisiana businesses and families."' [Rep. Bill Cassidy Press Release,

6/2/14: Rep. Dingell: "Although I Do Not Believe The Clean Air Act Is Intended, Or Is The
Most Effective Way, To Regulate Greenhouse Gases, I Nevertheless Appreciate The Need
To Take Action To Protect Human Health And The Environment For The Generations
Who Come After Us, Especially In The Absence Of A Congress That Is Willing And Able
To Work Together On Legislation To Address This Very Real Problem." "Climate change
is real and needs to be addressed. Although I do not believe the Clean Air Act is intended, or is
the most effective way, to regulate greenhouse gases, I nevertheless appreciate the need to take
action to protect human health and the environment for the generations who come after us,
especially in the absence of a Congress that is willing and able to work together on legislation to
address this very real problem. I look forward to working with the Administration on this matter
and hope any final rule will be written and implemented in a fashion that balances the need to
reduce carbon pollution with the very real need to promote economic growth." [Press Release,
6/2/14; 0:=1~=~=~====~"-===~=="-'='--~~====~~~=~=~
6/2/14: Rep. Ellison: "Reducing Carbon Pollution From Power Plants Is The Right Thing
To Do And Will Guarantee A Healthier Future For Our Children. It Is The Single Most
Important Action That President Obama Can Take To Minimize The Worst Effects Of
Climate Change. Investing In Green Energy Creates Good Jobs Around The Country."
"Reducing carbon pollution from power plants is the right thing to do and will guarantee a
healthier future for our children. It is the single most important action that President Obama can
take to minimize the worst effects of climate change. Investing in green energy creates good jobs

around the country. 'Polluters must pay for the damage they cause. Communities around the
country are already seeing higher rates of childhood asthma, increased food prices and
superstorms that hit low-income communities hardest-all the effects of a changing climate. In
Minnesota, we have had three 1,000-year flooding events in the last decade. By aggressively
cutting carbon pollution and holding fossil fuel companies accountable, we can lower health
costs for millions of Americans. 'A strong proposed rule to cut carbon pollution is essential to
our future. It is our moral obligation to slow the worst effects of climate change. Cutting carbon
pollution will make us more competitive with other countries who are already investing in a
clean energy economy."' [Rep. Keith Ellison Press Release, 6/2/14]

New EPA regs announced today will increase the price of electricity and have serious
consequences for our... =~~~~~~~~~
6/2/14: Rep. Bill Enyart: "President Obama Will Set A National Limit On Carbon
Emissions From Coal Plants, But Will Allow Each State To Determine How To Cut Those
Emissions. As Co-Chair Of The Coal Caucus, I Oppose This Unnecessary Regulatory
Attack On Our Coal Plants." "Today, the President will use his executive powers to create new
standards and regulations for carbon emissions across the country,' said Enyart. 'President
Obama will set a national limit on carbon emissions from coal plants, but will allow each state to
determine how to cut those emissions. As Co-Chair of the Coal Caucus, I oppose this
unnecessary regulatory attack on our coal plants.' 'It is important that we strive to create a
cleaner, safer environment for our children. This will help to reduce child asthma rates, while
slowing down the deterioration of our environment. Coal emissions are lower today than ever
before, and companies right here in Southern Illinois are working every day to ensure safe, clean,
affordable power is delivered to your home without interruption. 'The EPA and President Obama
must understand that coal continues to be the single largest source for America's electricity
supply. The standards set to be unveiled today, an expected 30% cut, are impractical and
unnecessary because the coal industry is already working toward improving emissions while
maintaining reliable energy delivery. 'Instead of penalizing the coal industry, we must work to
improve clean coal technology and bring costs down. As we do this, coal will become even
more environmentally friendly. I've spoken to coal operators and industry leaders, and it's clear
to me that the standards would make it virtually impossible to produce stable, reliable energy.
With 40% of our electricity generated by coal, we can't tum the lights out on America." [Rep.
Enyart Press Release, 6/2/14]

6/2/14: Rep. Bill Enyart: "We Have Abundant Coal Resources In Southern Illinois
That Can Help Power Our Nation For Decades To Come. And In These Uncertain
Economic Times, We Must Ensure That Our Nation's Energy Supply Is Reliable
And Affordable As Well As Environmentally Friendly. We Simply Cannot Afford
A Massive Spike In Energy Prices." "'We have abundant coal resources in Southern
Illinois that can help power our nation for decades to come. And in these uncertain
economic times, we must ensure that our nation's energy supply is reliable and affordable
as well as environmentally friendly. We simply cannot afford a massive spike in energy
prices. Southern Illinois' fixed income families cannot afford an increase in heating and
air conditioning bills. 'In recent years, our Southern Illinois coal industry has slowly

rebounded through persistence and determination. The regulations announced today will
halt that rebound and cause more uncertainty in coal mines and power plants in our
region and beyond. Our local economies, and most importantly, our families simply
cannot withstand the loss of good paying jobs in the region. 'I've been fighting for our
Southern Illinois coal plants and mine workers since my first day in office. Today's
announcement only reinforces my commitment and desire to continue that fight."' [Rep.
Enyart Press Release, 6/2/14]
6/2/14: Rep. Eshoo: "The EPA Proposal Gets To The Heart Of The Problem By Curbing
Harmful Greenhouse Gas Pollution With Smart Policy Grounded In The 1970 Clean Air
Act. It Will Propel A U.S. Clean Energy Economy, Create Jobs, And Make The United
States A Global Leader In Clean Energy Use. Amid Record Drought, Extreme Weather,
Declining Public Health, And Rising Temperatures, Inaction Is Not An Option. I
Wholeheartedly Welcome This Prudent Proposal." "Congresswoman Anna G. Eshoo (CA18), a senior member of the Energy and Commerce Committee, issued the following statement
on the Environmental Protection Agency's (EPA) proposal to cut greenhouse gas emissions:
'Climate change is one of the most serious issues facing our nation and our planet, and the
science makes clear that greenhouse gases from human activity are the number one contributor.
The EPA proposal gets to the heart of the problem by curbing harmful greenhouse gas pollution
with smart policy grounded in the 1970 Clean Air Act. It will propel a U.S. clean energy
economy, create jobs, and make the United States a global leader in clean energy use. Amid
record drought, extreme weather, declining public health, and rising temperatures, inaction is not
an option. I wholeheartedly welcome this prudent proposal."' [Rep. Anna Eshoo Press Release,
6/2/14]

Obama's new EPA rule will cost a quarter-million jobs per year and closures of power plants
across the country.==~~'-'-~~===-'-~~==~~==:'~~~~~===-=-==~===-'~~"--

Costs of new EPA rule could top $50 billion a year, according to US Chamber of Commerce
study:____,~~--w'-~~

6/2/14: Rep. Gosar: "The Obama Environmental Protection Agency's Unnatural Fixation
With
And
For
Consumers Continues Today. The U.S. Economy Can't Afford To Lose 226,000 Jobs And
$50 Billion Each Year As The President Pursues His Overreaching Climate Change
Agenda By Any Means And All Costs Necessary. The President's Agenda Is So Extreme,
That
" "The Obama
Environmental Protection Agency's unnatural fixation with destroying the coal industry, killing
jobs and driving up energy prices for consumers continues today. The U.S. economy can't afford
to lose 226,000 jobs and $50 billion each year as the President pursues his overreaching climate
change agenda by any means and all costs necessary. The President's agenda is so extreme,
that less than 25% of all Americans consider it to be a priority. 'The President continues to
unlawfully direct the EPA to impose strict limits on coal plants in order to appease

environmental extremists within his own party. Congress has repeatedly rejected previous capand-tax energy plans proposed by the President and his big-government allies. Knowing he
can't lawfully enact a carbon-dioxide tax plan, President Obama has chosen to circumvent
Congress and impose these new regulations by executive fiat. Congress, not EPA bureaucrats at
the behest of the President, should dictate our country's climate change policy.' 'The bottom
line is that this new rule will kill good-paying jobs in rural communities throughout the country.
In Arizona, this proposal will likely force the Navajo Generating Station to close its doors, which
will mean the permanent loss of nearly a 1,000 good-paying jobs. I will continue to fight for

jobs, oppose this overreach and be a voice of reason for the American people." [Rep. Gosar Press
Release, ~~~,
6/2/14: Rep. Morgan Griffith: "Let's See. The President Says It Will Make Your Rates
Skyrocket, But Because They Know That's Politically Unpopular, Administrator Mccarthy
Tells You The Opposite. Somebody Is Trying To Fool The American People ... I Told The
Reporter, Matt Laslo, A Freelance Reporter Covering Congress, That What I Think The
Other Nations See Is An Opportunity To Pick The Carcass Of The American Economy."
"Monday, June 2, the Environmental Protection Agency (EPA) announced new regulations that
would require our nation's existing power plants to cut their carbon dioxide emissions by 30
percent from 2005 levels by 2030. This rule will impact approximately 1,000 fossil fuel-fired
plants, particularly those that bum coal or natural gas. In issuing these regulations where
Congress has refused to legislate, the President and his EPA are seeking to fulfill his 2008
promise that, ' ... under my plan of a cap and trade system, electricity rates would necessarily
skyrocket.' (Interview with the San Francisco Chronicle Editorial Board, 1/17/08) Amazingly,
EPA Administrator Gina McCarthy said in her statement unveiling this latest attack on the
American family, 'Critics claim your energy bills will skyrocket. They're wrong.' Let's see.
The President says it will make your rates skyrocket, but because they know that's politically
unpopular, Administrator McCarthy tells you the opposite. Somebody is trying to fool the
American people. A reporter asked me last week if I thought that developing nations would see
what the United States was doing and then issue similar regulations for emissions from existing
power plants after President Obama does so. I told the reporter, Matt Laslo, a freelance reporter
covering Congress, that what I think the other nations see is an opportunity to pick the carcass of
the American economy. After nations with emerging economies watch this Administration's
unreasonable regulations damage our economy, negatively impact our jobs and our access to
reliable energy, and raise our electric rates, do you expect that these nations will 'follow our
lead?"' [Rep. Morgan Griffith Newsletter, ~~~,

President's ~'--=~="'~
affordable energy ~= ~~~~~=~~~,~6/2/14: Rep. Brett Guthrie Press Release: "The U.S. Chamber Of Commerce's Institute For
21st Energy Report Dated May 28, 2014, Anticipates That Regulating Carbon Emissions
From Existing Power Plans Will Cost The U.S. Economy Approximately $51 Billion Each
Year, Cut 224,000 Jobs And Raise Electricity Costs By $289 Billion Over The Next Two
Decades." "'The EPA under this Administration is out of touch with American families,' said

Congressman Guthrie. 'With jobs and the economy remaining the top concerns on the minds of
Americans, issuing new burdensome regulations that will cost jobs due to billions of dollars in
compliance costs - not to mention raising home and business energy costs significantly - is the
last thing we need.' The U.S. Chamber of Commerce's Institute for 21st Energy report dated
May 28, 2014, anticipates that regulating carbon emissions from existing power plans will cost
the U.S. economy approximately $51 billion each year, cut 224,000 jobs and raise electricity
costs by $289 billion over the next two decades. In the East South Central region, which
includes Kentucky, the Chamber estimates a decrease in GDP of $2.2 billion and a loss of 21,400
jobs." [Rep. Brett Guthrie Press Release, 6/2/14]
6/2/14: Rep. Hudson: "The Obama Administration's War On Coal Threatens Over 800,000
Jobs Across The Country And Means Higher Energy Costs For Everyone." "Today, U.S.
Representative Richard Hudson (NC-08) released the following statement in reaction to the
Obama Administration's proposed Environmental Protection Agency (EPA) regulation requiring
power plants to cut carbon emissions by thirty percent: 'The Obama Administration's war on
coal threatens over 800,000 jobs across the country and means higher energy costs for everyone.
In North Carolina over the past year, nearly 38% of our electricity came from coal. Instead of the
government trying to pick winners and losers to appeal to deep-pocketed environmental donors,
the Administration should adopt a balanced, market-led approach that utilizes all of our
resources to create a more abundant, affordable, and sustainable energy supply that will unlock
the potential for a more prosperous America."' [Rep. Hudson Press Release, ___,
6/2/14: Rep. Eddie Johnson: "The Impact Of Climate Change On American Citizens Is
Being Felt Today And The Consequences Are Growing More Severe. Acting On Climate
Change Is Not Only An Environmental Imperative, But A Public Health One Too." "The
impact of climate change on American citizens is being felt today and the consequences are
growing more severe. Acting on climate change is not only an environmental imperative, but a
public health one too. Higher risks of asthma attacks, heat stroke, and respiratory disease are all
consequences of a warming climate. The EPA's new rule works within the Clean Air Act to
protect the health and well-being of Americans. 'In addition to the health risks, severe weather
trends associated with climate change threaten the economic vitality of communities across the
country. By fostering clean energy innovation and modernizing the power sector, the United
States will lead the world in tackling this global challenge. I am pleased that the proposed rule
allows for state input and flexibility in developing regional approaches to achieving the goals of
the rule. 'The climate and health benefits of this proposed rule are estimated to be worth up to
$93 billion per year in 2030, far outweighing the plan's estimated annual cost of up to $8.8
billion per year in 2030. The long-term job creation and health benefits are clear and I fully
support the work the EPA is doing to curb carbon emissions and protect the health of every
American."' [Rep. Johnson Press Release, 6/2/14]
6/2/14: Rep. Kingston: "This Ideologically-Driven Policy Will Have Devastating And
Disastrous Results For Georgia By Artificially Raising The Costs Of Nearly Everything,
Destroying Good Private-Sector Jobs, And Hindering The Kind Of Economic Growth Our
State Needs To Improve The Lives Of Each And Every Georgian." "Congressman Jack
Kingston (R-GA) issued the following statement on the release of the Environmental Protection
Agency's latest rule attacking coal-fired power plants: 'This ideologically-driven policy will

have devastating and disastrous results for Georgia by artificially raising the costs of nearly
everything, destroying good private-sector jobs, and hindering the kind of economic growth our
state needs to improve the lives of each and every Georgian. The United States has already
reduced its carbon footprint dramatically - and it has done it through innovations and new
technology, not heavy-handed government regulations. These rules ignore the prevailing
climate science and are meant solely to fulfill the President's campaign promise to make
electricity prices 'necessarily skyrocket'."' [Rep. Kingston Press Release, ~~~,

latest reg is especially harmful for _ _ w 70% of power from


already lost as a result of previous regs. tt011r'"""

latest reg is an attack on low-cost, reliable


electricity more expensive & curb econ growth.

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that will cost US

& 41 units

make

6/2/14: Rep. Long: "President Obama Was Unable To Get His Cap-And-Trade Proposal
Through Congress So Now He And His EPA Are Proposing New Rules Attacking The
Country's Largest Source Of Electricity." "U.S. Rep. Billy Long released the following
statement on the Environmental Protection Agency's (EPA) new plan to regulate existing power
plants. 'President Obama was unable to get his cap-and-trade proposal through Congress so now
he and his EPA are proposing new rules attacking the country's largest source of electricity.
Coal is one of America's most abundant and affordable sources of energy. Right now Americans
are suffering from this bad economy. Despite this, the EPA is pressing forward with regulations
that will increase the costs of every American's electric bill."' [Rep. Long Press Release, 6/2/14]

With Congress unable to face climate reality,


climate change. _ _ _ _ __

~~~~=proposes

decisive action to combat

6/2/14: Rep. Matsui: "I Am Pleased That The Administration Today Took A Big Step
Forward In Turning The Tide Of Dangerous Climate Change By Placing Sensible Limits
On Carbon Pollution From Existing Power Plants." "Today, Congresswoman Doris Matsui
(CA-06), member of the House Energy and Commerce Subcommittee on Energy and Power,
member of the Bicameral Climate Task Force and Safe Climate Caucus, and vice-chair of the
Sustainable Energy and Environment Coalition (SEEC), issued the following statement on the
Environmental Protection Agency's (EPA) draft proposal to reduce carbon pollution from
existing power plants: 'I am pleased that the Administration today took a big step forward in
turning the tide of dangerous climate change by placing sensible limits on carbon pollution from
existing power plants. California has already taken bold steps to combat climate change, and it
is past time for our nation as a whole to tackle climate change. 'Climate change is already
threatening our communities and the risks will only get worse if we don't take action. In 2012
alone, the cost of weather disasters exceeded $110 billion in the United States. In California, our
entire state is in a historic drought. Climate change will only increase the frequency and
intensity of these events, unless we take action now. It is our responsibility to do all we can to
protect this and future generations."' [Rep. Doris Matsui Press Release, 6/2/14]

6/2/14: Rep. Matsui: "EPA's Flexible Approach Will Empower States To Develop
Custom Solutions To Meeting This National Challenge Through Cooperation,
Innovation, And A Shared Commitment To A Cleaner, Safer, Healthier Future For
All Americans." "The EPA has successfully set sensible limits on mercury, soot, arsenic,
and other toxins while supporting continued economic growth. Stopping power plants
from dumping unlimited amounts of dangerous carbon pollution into the air is no
different. This is a public health risk and we cannot wait any longer. EPA's flexible
approach will empower states to develop custom solutions to meeting this national
challenge through cooperation, innovation, and a shared commitment to a cleaner, safer,
healthier future for all Americans." [Rep. Doris Matsui Press Release, 6/2/14]

6/2/14: Rep. McCarthy: "He Is Acting Now To Impose Cap-And-Trade That Congress
Rejected In 2010, And He Is Doing It Unilaterally .... House Republicans, Along With
Many Democrats, Will Continue To Fight The President's Agenda To 'Necessarily
Skyrocket Electricity Prices' By Considering Legislation That Will Reduce Energy Costs
For All Americans And Encourage Job Creation Throughout Our Economy." "House
Majority Whip Kevin McCarthy released the following statement on the Administration's
proposed EPA regulation on existing power plants: 'What are the President's real priorities? Is it
to help put Americans back to work or to please the narrow environmental lobby at the expense
of our economy and everyday Americans? He is acting now to impose cap-and-trade that
Congress rejected in 2010, and he is doing it unilaterally. This is uncalled for, unnecessary, and
harmful to our economy, which just saw negative economic growth for the first time since 2011.
While the President and his advisors believe this regulation to be a legacy builder, it will no
doubt be a job killer for communities across the country. House Republicans, along with many
Democrats, will continue to fight the President's agenda to 'necessarily skyrocket electricity
prices' by considering legislation that will reduce energy costs for all Americans and encourage
job creation throughout our economy."' [Majority Whip Kevin McCarthy Press Release,~~~,
6/2/14: Rep. George Miller: "This New Rule Takes Us One Huge Step Closer To A
Healthier, Cleaner And More Prosperous America. Limiting Carbon Pollution Will Save
Lives, Help Combat Climate Change, And Spur New Clean Energy Jobs And Innovation."
"This new rule takes us one huge step closer to a healthier, cleaner and more prosperous
America. Limiting carbon pollution will save lives, help combat climate change, and spur new
clean energy jobs and innovation. I'm pleased to see the Administration moving forward with
strong and scientifically sound action that gives states the flexibility they need to meet this
critical challenge." [Rep. Miller Press Release, 6/2/14]
6/2/14: Rep. Jim Moran: "The EPA's Proposal Today Is A Game Changing Decision That
Reflects President Obama's Commitment To Act On Climate Change." "'The EPA's
proposal today is a game changing decision that reflects President Obama's commitment to act
on climate change. This is a problem that won't go away unless we take decisive action to
reduce the carbon emissions that are driving climate change,' said Rep. Moran. 'But this isn't
just about the threat it poses in the future. This is a present day threat to our national security,
our economy, our health and well-being. Climate change is already affecting communities
across the country. We can't continue ignoring its effects, whether it's sick children or

dangerous extreme weather events."' [Rep. Jim Moran Press Release, ~~-,

6/2/14: Rep. Jim Moran: "Gina McCarthy's Proposal Gives States Incredible
Flexibility To Reduce Carbon Emissions." "Gina McCarthy's proposal gives states
incredible flexibility to reduce carbon emissions. I hope that communities that have
borne the brunt of harmful emissions from unregulated and outdated coal-fired power
plants will be the primary beneficiaries, the way Alexandrians benefitted from the closure
of the Potomac River Generating Station, once the region's single largest source of air
pollution. Coal-fired power plants are responsible for nearly 40 percent of the carbon
pollution in the U.S. It's time for the utility industry adapt for our future,'' Moran
concluded. [Rep. Jim Moran Press Release, ~~-,

6/2/14: Rep. Noem: "Once Again, Congress Has Already Denied The President's Expensive
Cap-And-Trade Proposal, So The Administration Is Now Trying To Circumvent The
Legislative Process. We Won't Have It." "U.S. Representative Kristi Noem today expressed
her serious concern over the future affordability of electricity after the Environmental Protection
Agency (EPA) proposed severe restrictions on greenhouse gas emissions for existing power
plants. 'Nearly one third of our electricity in South Dakota comes from coal,' said Rep. Noem.
'Coal-fired power plants make it more affordable to heat our homes during the winter, cool them
during the summer, and run the fans in grain bins during harvest. If prices skyrocket, as even the
President has admitted they will do under strict regulations, our way of life will change. This is
a pocketbook issue for South Dakota; it's a pocketbook issue for our entire country.' The
proposed climate rule for existing power plants would require as much as a 30 percent cut in
greenhouse gas emissions. This is the first major greenhouse gas regulation on existing power
plants. As a result of the President's plan, costs could increase by an estimated $17 billion per
year. It could also shut down some power plants, putting potentially 224,000 jobs at risk every
year. 'Once again, Congress has already denied the President's expensive cap-and-trade
proposal, so the administration is now trying to circumvent the legislative process. We won't
have it,' continued Noem. 'I will do all I can to stop the financial impact of this administration's
overzealous regulations from hitting the pocketbooks of hardworking South Dakotans. I know
how critical it is to South Dakota families that we are successful."' [Rep. Kristi Noem, 6/2/14]
6/2/14: Rep. Pete Olson: "The Economic Costs Of This Rule Will Be Tremendous - Even
EPA Sets The Price Tag In The Billions, And The Chamber Of Commerce Recently Said
That The Cost To Our Economy Could Exceed $50 Billion Cost 200,000 Jobs. Our
Economy Is Still Struggling To Recover From The Great Recession And This Rule Will
Only Push Our Recovery Back Further Through Job Losses And Higher Energy Costs."
'"Today, President Obama's EPA waged another battle in their quest to shut down affordable
energy for American consumers. This time, the Administration is using a little-known section of
the Clean Air Act to justify a sweeping new cap-and-trade scheme that will cripple our economy.
Cap-and-trade was soundly rejected by Congress 3 years ago when the Democrats controlled
both the House and the Senate. In defiance, Obama simply ordered his EPA to ignore the will of
Congress and the American people, and invent the authority to go forward. 'The economic
costs of this rule will be tremendous - even EPA sets the price tag in the billions, and the
Chamber of Commerce recently said that the cost to our economy could exceed $50 billion cost
200,000 jobs. Our economy is still struggling to recover from the Great Recession and this rule

will only push our recovery back further through job losses and higher energy costs." [Rep. Pete
Olson Press Release, 6/2/14]
6/2/14: Rep. Pallone: "EPA's Proposed Regulation To Curb The Amount Of Greenhouse
Gasses Produced By Power Plants Marks Our Nation's Most Significant Move To Date To
Address Climate Change. These Regulations Will Offer Meaningful Changes While
Allowing States And Industry The Flexibility To Find Ways To Meet The New Standards."
"Congressman Frank Pallone, Jr. (NJ-06), a senior member of the House Energy and Commerce
Committee, released the following statement today upon an announcement by the Environmental
Protection Agency (EPA) of a proposal to reduce greenhouse gas emission from U.S. power
plants by 30 percent from 2005 levels by 2030: 'EPA's proposed regulation to curb the amount
of greenhouse gasses produced by power plants marks our nation's most significant move to date
to address climate change. These regulations will offer meaningful changes while allowing
states and industry the flexibility to find ways to meet the new standards. 'Lower power plant
emissions will have many benefits, specifically, improving public health by making the air we
breathe cleaner and helping to reduce breathing related illnesses like asthma, which is
increasingly affecting more and more Americans, particularly children. New clean energy jobs
will be an additional positive outgrowth of this change, as the rapidly expanding field of energy
alternatives will boom to meet the demands of adjusting to lower emissions standards, giving our
economy a much needed boost."' [Rep. Pallone Press Release, 6/2/14]

6/2/14: Rep. Pallone: "The Costs Of Inaction In Dealing With Climate Change Are
Simply Too High To Ignore. EPA's Proposal Today Is An Important Step Forward
Toward Taking Action On One Of The Most Important Issues Of Our Time." "As a
Representative and lifelong resident of one the areas hardest hit by Superstorm Sandy,
my constituents and I know all too well the serious impact climate change is having on
our lives, economy, health and wellbeing. Without addressing climate change, sea levels
will continue to rise, resulting in enormous costs from damage to coastal areas and
devastating the tourism industry, which is critical to the economies of places like the New
Jersey Shore. The costs of inaction in dealing with climate change are simply too high to
ignore. EPA's proposal today is an important step forward toward taking action on one
of the most important issues of our time." [Rep. Pallone Press Release, 6/2/14]

Today's
opportunity to be laboratories for climate action.

plan to

~=~====

gives states the

energy strategy: stop new jobs by blocking~=.!-'==-"-= Destroy current


jobs+ spike energy prices through
6/2/14: Rep. Thornberry: "Texas Relies On Affordable And Reliable Energy To Power Our
Strong Economy. These Proposed Rules Are A Serious Threat To That Growth. Just Last
Week A U.S. Chamber Of Commerce Report Estimated That Texans Will Pay An
Additional $1.4 Billion For Electricity Each Year If These Rules Take Effect." "Rep. Mac
Thornberry (R-Clarendon) released the following statement in response to the President's new

EPA regulations on carbon-dioxide emissions: 'We all want clear air and clean water. What the

vast majority of Americans do not want, though, is an even more aggressive EPA issuing
sweeping regulations that will further drive up costs for businesses and consumers alike.
'Texas relies on affordable and reliable energy to power our strong economy. These proposed
rules are a serious threat to that growth. Just last week a U.S. Chamber of Commerce report
estimated that Texans will pay an additional $1.4 billion for electricity each year if these rules
take effect. 'Today's announcement makes it clear, once again, that the President puts a
growing economy and our standard ofliving at a much lower priority than his anti-fossil fuel
agenda. The House must do everything it can to stop these destructive regulations."' [Rep. Mac
Thornberry, ~~,

6/2/14: Rep. Rahall: "We Will Introduce Bipartisan Legislation That Will Prevent These
Disastrous New Rules From Wreaking Havoc On Our Economy In West Virginia ... " "'We
will introduce bipartisan legislation that will prevent these disastrous new rules from wreaking
havoc on our economy in West Virginia,' said Rahall. 'There is a right way and a wrong way of
doing things, and the Obama Administration has got it wrong once again. This new regulation
threatens our economy and does so with an apparent disregard for the livelihoods of our coal
miners and thousands of families throughout West Virginia."' [Rep. Rahall Press Release,

6/2/14: Rep. Keith Rothfus: "The Regulations The Obama Administration Announced
Today Will Raise Energy Prices, Destroy Family-Sustaining American Jobs, And Reduce
Our Nation's Competitiveness In The Global Marketplace. These Regulations Will Benefit
China, India, And Other Rising Economic Competitors At The Expense Of American
Workers ... " "Congressman Keith Rothfus [PA-12] released the following statement on newly
announced Obama Administration regulations on existing power plants. Congressman Rothfus
greeted workers at First Energy's Bruce Mansfield Power Station during this morning's 6:00AM
shift change. The Bruce Mansfield Power Station is one of many power plants in Western
Pennsylvania threatened by the new regulations. 'President Obama is making good on his
campaign promise to cause electricity prices to 'necessarily skyrocket,' said Rothfus. 'The
regulations the Obama Administration announced today will raise energy prices, destroy familysustaining American jobs, and reduce our nation's competitiveness in the global marketplace.
These regulations will benefit China, India, and other rising economic competitors at the expense
of American workers like the hardworking men and women I talked with this morning as they
were heading home after a long night's work at the First Energy Bruce Mansfield Power Station
in Beaver County."' [Rep. Keith Rothfus Press Release,~~~,

President Obama moves to increase your energy bill with proposed EPA plan:

6/2/14: Rep. John Sarbanes: "In The Face Of Reckless Congressional Inaction, The EPA's

Proposal To Reduce Carbon Pollution Over The Next 16 Years Is The Strongest Action To Date
On Climate Change. Despite An Overwhelming Consensus In The Scientific Community That
Climate Change Is A Real Danger, Republicans In Congress Continue To Block Legislation To
Address The Threat.'' "U.S. Congressman John Sarbanes (D-Md) today released the following

statement on the U.S. Environmental Protection Agency's (EPA) draft proposal to cut carbon
pollution from America's power plants by 30 percent by 2030: 'In the face of reckless
Congressional inaction, the EPA' s proposal to reduce carbon pollution over the next 16 years is
the strongest action to date on climate change. Despite an overwhelming consensus in the
scientific community that climate change is a real danger, Republicans in Congress continue to
block legislation to address the threat. We must work constrnctively to find solutions that are
rooted in science and protect our environment for the next generation."' [Rep. Sarbanes Press
Release, ~~~,

6/2/14: Rep. Steve Scalise: "Today's Proposed EPA Regulations Are A Continuation Of
President Obama's Attack On American Jobs, And It Will Lead To Less Take-Home Pay
And Higher Energy Costs For Hard-Working Taxpayers As Well As Those On Fixed
Incomes." "Today's proposed EPA regulations are a continuation of President Obama's attack
on American jobs, and it will lead to less take-home pay and higher energy costs for hardworking taxpayers as well as those on fixed incomes," said Congressman Steve Scalise, Vice
Chairman of the Subcommittee on Energy and Power. "Once again, this Administration is trying
to impose unachievable standards on our nation's power plants that have no basis in reality. If
allowed to go into effect, this rnle will cost millions of Americans their jobs and cost the
economy over $500 billion in lost economic activity. In another end-rnn around Congress,
President Obama is trying to resuscitate the cap-and-trade scheme that was soundly rejected by
the Democrat-controlled Senate just four years ago. This radical proposal is devastating to coalfired plants which are our nation's largest source of electricity. Is it any wonder that our
economy is still strnggling and millions of Americans are looking for jobs when President
Obama continues to propose radical regulations like this just to appease liberal extremists?"
[Rep. Steve Scalise Press Release, ~~~,
6/2/14: Rep. Schakowsky: "I Applaud President Barack Obama And The Environmental
Protection Agency On The New Proposed Rule To Reduce Carbon Emissions From Our
Nation's More Than 600 Existing Power Plants. Carbon Pollution Is The Most Significant
Driver Of Climate Change -Accounting For Roughly 80 Percent Of U.S. Greenhouse Gas
Emissions That Are Warming Our Planet And Increasing The Frequency And Severity Of
Extreme Weather." "I applaud President Barack Obama and the Environmental Protection
Agency on the new proposed rnle to reduce carbonemissions from our nation's more than 600
existing power plants. Carbon pollution is the most significant driver of climate change accounting for roughly 80 percent of U.S. greenhouse gas emissions that are warming our planet
and increasing the frequency and severity of extreme weather. Power plants are the largest
emitters of carbon pollution in this country, and there are no current restrictions on the amount of
carbon they can emit. The proposed rnle is both ambitious and achievable. It will help reduce

power plant emissions 30 percent while allowing each state to come up with its own plan to
achieve that goal - from ramping up clean energy production to joining state cap-and-trade
programs. Taking this step will protect public health and save lives. Once fully implemented,
the rule will prevent up to 6,600 premature deaths, up to 150,000 asthma attacks in children,
and up to 490,000 missed work or school days per year. Until now, energy companies have
externalized the impacts of pollution, thus contributing to rising global temperatures,
worsening smog, increased frequency and severity of extreme weather events - pushing the
costs of dealing with those problems onto the American people. It's time that those energy
producers take responsibility for cleaning up their own mess, and with this rule, they will. This
rule will also grow jobs. By promoting investment in cleaner technologies, our country can
become the undisputed leader in renewable energy and energy efficiency - an industry that is
expected to generate almost $2 trillion in investment between 2012 and 2018. There are three
times as many jobs created per $1 million spent in clean energy than there are in fossil fuel
energy, so taking steps to meet the requirements of this rule will benefit American workers.
Today's proposed rule sends a clear signal to the world that the United States will continue to
lead on the issue of climate change in order to protect public health and the environment for
this generation and the ones that follow. I strongly support this action, and I will continue to do
all I can to ensure that we hold polluters accountable and transition toward cleaner sources of
energy." [Rep. Schakowsky Press Release, ====~,

6/2/14: Rep. Brad Schneider: "Addressing The Challenges Presented By Climate Change
Requires Concerted, Long-Term Action, And The New EPA Standards Represent Just
That." "Addressing the challenges presented by climate change requires concerted, long-term
action, and the new EPA standards represent just that. Asking our energy sector to curb carbon
pollution is a significant step forward in combatting climate change and modernizing how we
power our nation for future generations. Reducing carbon pollution not only helps improve the
air we breathe, it helps spur important investments in green technology that are critical to
reducing our dependence on fossil fuels. Climate change is a real, pressing threat and by
developing and harnessing green and renewable energy, we can continue to lessen the impact on
the Earth's climate and pass along a cleaner, healthier planet to the next generation." [Rep. Brad
Schneider Press Release, 6/2/14]

Taking a big step today toward leaving our kids a cleaner, healthier planet:

6/2/14: Rep. Bobby Scott: "We Have An Obligation To Act To Reduce The Impacts Of
Climate Change, And That Is Why I Support The Clean Power Plan Announced Today."
"Congressman Robert C. 'Bobby' Scott (VA-03) issued the following statement after the
Environmental Protection Agency announced new actions to cut carbon pollution 30 percent by
2030: 'In Virginia, and across the nation, we are already seeing the harms of climate change.
From increased health risks from diseases such as asthma to increasingly devastating extreme
weather events, numerous scientific reports have shown that a failure to reduce carbon pollution
will only increase these and other threats. These impacts are being felt particularly in Norfolk,
which has been listed as the second most at risk city behind New Orleans for sea level rise in the

United States. 'We have an obligation to act to reduce the impacts of climate change, and that
is why I support the Clean Power Plan announced today. These actions will allow future
generations of Americans to enjoy our clean air and our natural resources well into the future.
'While work remains to ensure that Virginia remains resilient in the face of climate change and
its effects, I am confident that the commonsense limits on carbon pollution announced today
will spur innovation and ensure that the United States is a world leader in taking action to deal
with the realities of climate change."' [Rep. Bobby Scott Press Release, ~~~,

6/2/14: Rep. Shimkus: "Without A Doubt, This New Front In The War On Coal Will Raise
Electricity Rates - Especially In The Midwest - And Cost Hundreds Of Thousands Of
Good Paying Jobs Nationwide ... This Rule Will Be All Pain And No Gain For American
Energy Consumers And Job Seekers." "'After failing to win support for a cap-and-trade
program in Congress, the Obama Administration is now attempting to implement a similar
scheme through EPA rulemaking. Without a doubt, this new front in the War on Coal will raise
electricity rates - especially in the Midwest - and cost hundreds of thousands of good paying
jobs nationwide. 'All for what though? EPA Administrator Gina McCarthy already conceded
that it's 'unlikely' any of EPA' s climate-related rules will have a meaningful impact on the
agency's own indicators of global climate change. In fact, even if President Obama could close
every coal-fired power plant in America tomorrow, the effect on global emissions would be
entirely offset by just a fraction of the proposed coal-fired plants being built overseas. 'This rule
will be all pain and no gain for American energy consumers and job seekers."' [Press Release,

New
rule released today is devastating, costs economy $51 billion per year & 224,000
jobs. I absolutely oppose. ="'~~~==~~==~==~=~

In his own words, ==~~"=~=


skyrocket" for consumers =~~~~~="'-====-~=~~~===~~~

="'"'-'~standards

are big step forward. By working to limit carbon today, we invest in a


livable world tomorrow. ~=~~~~=~~~~
6/2/14: Rep. Terry: "This Is Another Example Of The Administration Sidestepping
Congress And Governing By Fiat Rather Than By The Will And Consent Of The
Governed." "U.S. Representative Lee Terry (R-NE), today made the following statement after
the Environmental Protection Agency (EPA) released a proposed rule to regulate green house
gas emissions from coal-fired power plants: 'This is another example of the Administration
sidestepping Congress and governing by fiat rather than by the will and consent of the governed.
Congress has already defeated cap-and-trade by a bipartisan vote and now this proposed rule
flies in the face of Congressional will and intent. 'Nebraska is involved in the coal industry both
as a user and a generator. Currently, we have seven coal-fired power plants that provide reliable
and low-cost energy to industry, agriculture producers, commercial businesses and homes. Our

electricity rates are 15 percent lower than the national average. Today's proposed rule would
drive up the cost of power generation that will ultimately be passed onto the consumer."' [Rep.

Lee Terry, 6/2/14; =~=~~.=~~~~"-======1;;;>==~~~==~==--~==~J

6/2/14: Rep. Terry: "This President Is Intent To Ram This Rule Through In An
Aggressive Timetable. To Me, It's Nothing More Than A Partisan Political
Gimmick From This Administration In An Election Year." "This President is intent
to ram this rule through in an aggressive timetable. To me, it's nothing more than a
partisan political gimmick from this administration in an election year. I would like to see
the administration take a step back and provide a thoughtful study of the environmental
and economic consequences of this proposed rule much in the same way they have
deliberated building the Keystone XL Pipeline." [Rep. Lee Terry, 6/2/14;

6/2/14: Rep. Tsongas: ""We Must Be Proactive If We Want A Sustainable And Healthy
Future For The Next Generation. Massachusetts And The Northeast Region Of America
Have Long Been Leading The Way In Environmental Initiatives, As Evidenced By The
Regional Greenhouse Gas Initiative. These Types Of Initiatives Have The Dual Purpose Of
Protecting The Environment And Pursuing Healthier Living For All." "'We must be
proactive if we want a sustainable and healthy future for the next generation. Massachusetts and
the northeast region of America have long been leading the way in environmental initiatives, as
evidenced by the Regional Greenhouse Gas Initiative. These types of initiatives have the dual
purpose of protecting the environment and pursuing healthier living for all. 'My colleagues and
I wrote to the Administration because we recognized RGGI as a standard for success that could
assist other regions of the country in dramatically improving air quality and the overall health of
their communities. 'Plain and simple, this is an important step toward cleaner air and I applaud
President Obama and the EPA for taking it. Decades of emissions and pollution have left our air
quality on a downward spiral, threatening public health now and into the future. 'Protecting our
environment is not a political issue; it is a critical generational responsibility that will take
sustained commitment from Washington. By supporting these kinds of initiatives now, we can
leave the earth a little better, a little cleaner, a little healthier."' [Rep. Tsongas Press Release,

6/2/14: Rep. Waxman: "The Proposal Is A Major Step Forward. Acting Now Will Protect
Public Health, Slow Global Warming, And Create New Clean Energy Jobs. Doing Nothing
Will Lead To Catastrophic Changes In The Climate And Endanger Our Health And
Economy. The Proposal Takes The Nation In The Right Direction At A Crucial
Crossroads." "The proposal is a major step forward. Acting now will protect public health,
slow global warming, and create new clean energy jobs. Doing nothing will lead to catastrophic
changes in the climate and endanger our health and economy. The proposal takes the nation in
the right direction at a crucial crossroads. 'We are a can-do country and will be able to achieve
the reasonable reductions required by the rule. Industry always exaggerates the impact of clear
air regulations. But the history of the Clean Air Act shows we can have both a clean
environment and a strong economy.
'The carbon pollution standards are especially strong in
their early years. They establish a foundation upon which President Obama and Congress can
build to ensure we protect our planet for our children and lead the way in creating the clean

energy economy of the future."' [Rep. Waxman Press Release, 6/2/14]


6/2/14: Rep. Weber: "The President Bypassing Congress To Institute His Own Cap-AndTrade On Our Energy Industry Is Unacceptable. In February 2014, I Voted For H.R. 3826,
The Electricity Security And Affordability Act, Which Would Allow For A Future Of
Affordable Energy From Coal, As Well As Natural Gas And Renewables." "The President
bypassing Congress to institute his own cap-and-trade on our energy industry is unacceptable. In
February 2014, I voted for H.R. 3826, the Electricity Security and Affordability Act, which
would allow for a future of affordable energy from coal, as well as natural gas and renewables. It
would also rein in the EPA with realistic guidelines and would prevent the Administration from
going around Congress and instituting their cap-and-tax policies." [Rep. Weber Facebook Post,

6/2/14: Rep. Welch: "EPA's Plan Is A Flexible, Common Sense Approach To Reducing
Power Plant Emissions That Allows States And Utilities To Tailor Remedies To Local And
Regional Circumstances. I Am Particularly Pleased That This Plan Promotes Energy
Efficiency As A Key Remedy To Carbon Emissions." "'Climate change is real and poses a
serious threat to our economy, environment and public health. And Vermont is not immune from
its effects. Just ask our farmers, sugar makers and ski area operators. They will tell you how
climate change is already upon them. Across the country, severe weather events related to
climate change, like Tropical Storm Irene, are becoming more commonplace. 'Every day we
wait makes solving this problem much more difficult. The current Congress simply cannot find
common ground on addressing this issue. Incredibly, the Republican-led House just passed an
amendment banning the Pentagon from studying the impact of climate change on national
security. So I am pleased that the President, in the face of climate change denial by Congress,
has taken bold action today, using the executive authority available to him, to tackle one of the
leading causes of climate change. 'EPA's plan is a flexible, common sense approach to
reducing power plant emissions that allows states and utilities to tailor remedies to local and
regional circumstances. I am particularly pleased that this plan promotes energy efficiency as a
key remedy to carbon emissions. Vermont has led the nation on energy efficiency and is reaping
the benefits of lower electric bills, good jobs, and a cleaner environment."' [Rep. Welch Press
Release, 6/2/14]
6/2/14: Rep. Ed Whitfield: "I Am Deeply Concerned The Upcoming Regulations Could
Have Devastating Effects On Americans' Ability To Secure Affordable Electricity And The
Chamber's Report Confirmed What's To Come If These Regulations Are Finalized ... " "I
am deeply concerned the upcoming regulations could have devastating effects on Americans'
ability to secure affordable electricity and the Chamber's report confirmed what's to come if
these regulations are finalized,'' said Whitfield. In addition to previous EPA regulations that
have already contributed to an unprecedented number of coal plant shutdowns, it is clear these
proposed regulations could threaten the reliability of our nation's power grid, our economic
growth, and the price of power for consumers as we know it. I will continue to fight President
Obama's radical agenda and ensure the EPA's regulatory assault does not go unchecked." [Press
Release, 6/02/14]

From:

Allen, Kara[Kara.Allen@mail.house.gov]
Allen, Kara

Sent:
Subject:

SEEC Daily Clips 1.31.14

To:

Fri 1/31/2014 2:50:07 PM

Sustainable Energy & Environment


Coalition
3

Top news stories:

"I think when he uses that phrase, it's presenting us with a menu," said Rep. Gerry Connolly (D-Va.),
who is co-chairman of the House Sustainable Energy and Environment Coalition. "There's nothing
wrong with that approach -- and it leaves room for us to debate what we pick and choose on that
menu."

The resolution from SEEC Vice-Chair Reps. Rush Holt (D-N.J.), SEEC Member Jim Himes (D-Conn.) and
SEEC Member Mike Honda (D-Calif.), H.Res. 467, proposes the designation of Feb. 12 as "Darwin Day"
to recognize Charles Darwin's contributions to science.

Following 40 years of sustained fighting on behalf of human health, the environment, and a livable
climate, SEEC Member Congressman Henry Waxman (D-CA) announced on Thursday that he would
retire from Congress after this year.

The U.S. State Department is preparing a report that will probably disappoint environmentalists and
opponents of the Keystone pipeline, according to people who have been briefed on the draft of the
document. While the report will deviate from a March draft in some ways to the liking of
environmentalists, the changes won't be as sweeping as they had sought, several people familiar with
the government's deliberations over the review told Bloomberg News. Changes could still be made to
the report before its release, which could come as early as tomorrow.

President Barack Obama will nominate former federal prosecutor Norman Bay, now the head of
enforcement at the U.S. Federal Energy Regulatory Commission, to be the agency's chairman.

More than 12,000 megawatts of U.S. wind farms were under construction at the end of 2013, the most
ever, as developers raced to qualify for an expiring federal tax credit, according to the American Wind
Energy Association.

For California, 2013 was the driest year since the state started measuring rainfall in 1849.
Paleoclimatologist B. Lynn Ingram says that, according to the width of old tree rings, California hasn't
been this dry for about 500 years.

Energy news:

Wind power advocates urged Congress on Thursday to quickly restore the production tax credit that
expired at the end of 2013, saying that a prolonged period without it threatens gains made in recent
years.

Rep. John Dingell (D-Mich.) might be interested to a return as top Democrat on the House Energy and
Commerce Committee following Rep. Henry Waxman's (D-Calif.) decision to retire.

People on both sides of the shale drilling debate were scratching their heads yesterday trying to figure
out a new proposal on shale from President Obama. He didn't mention it in his speech, but in a fact
sheet released as part of the State of the Union rollout, he proposed "Sustainable Shale Gas Growth
Zones."

A group of senators is pushing the Environmental Protection Agency to reconsider its proposed volume
levels for the amount of biofuels that must be blended by refiners into the nation's oil supply.

The National Council of Chain Restaurants has urged the EPA to further reduce the levels of corn ethanol
mandated under the Renewable Fuel Standard.

For all the debate over whether Washington should lift the nation's decades-old ban on exporting crude
oil, the thing that matters most may be the price at the pump.

Climate news:

The Metropolitan Water District, the Los Angeles-based utility for 19 million people in Southern
California, said it would ask customers to voluntarily reduce water use by 20 percent amid a drought.

A group of 17 philanthropic groups including the Wallace Global Fund and John Merck Fund with a
combined asset base of about $1.8 billion has vowed to divest from fossil-fuel companies and invest in
clean-energy technology.

Seventy-six business groups, including the U.S. Chamber of Commerce, the National Association of
Manufacturers (NAM) and the American Gas Association, have agreed to dedicate necessary resources
to "vigorously participate" in every facet of President Obama's effort to tackle climate change through
regulation, said Karen Harbert, president of the Chamber's Institute for 21st Century Energy.

Petition filed by 16 green groups outlines a new basis for challenging the State Department's review of
the project, as well as hints at a future lawsuit.

The meeting of nearly 200 governments in Peru later this year for a major UN climate change summit
must produce the first draft of a global deal to cut emissions, the country's environment minister says.

Former New York City Mayor Michael Bloomberg has been tapped to be U.N. special envoy for cities and
climate change, sources familiar with the situation said on Thursday.

From 1999 through 2006, methane concentrations in the atmosphere stopped increasing after more
than a decade of strong growth. Then they took off again. "It is," said Euan Nisbet, of the University of
London in an interview, "a real puzzle."

Hundreds of drivers were reunited with their abandoned cars and Georgia Gov. Nathan Deal ordered
state employees back to work Friday as the metro Atlanta region rebounded from a winter storm that
coated the area with snow and ice.

Life has never been easy for just-hatched Magellanic penguins, but climate change is making it worse,
according to a decades-long study of the largest breeding colony of the birds.

Environment & Health news:

Living near hydraulic fracturing - or fracking - sites may increase the risk of some birth defects by as
much as 30 percent, a new study suggests. In the U.S., more than 15 million people now live within a
mile of a well.

It now seems almost certain that - after two years of pummeling in the Congressional gantlet - the
farm bill will limp down the Hill and make its way over to President Obama's desk for its final step
toward becoming a law.

Garfield County is joining four other western Colorado counties in an effort to persuade state regulators
to soften proposed new air quality standards, urging the state not to adopt statewide standards that
may not apply in some areas. Environmental groups want statewide rules governing the oil and gas
industry, which has been blamed for much of the air pollution.

Environmentalists are slamming a new draft Chesapeake Bay restoration agreement for failing to
address toxic pollution or even mention climate change as a complicating factor in the three-decade
effort to revive the ailing estuary.

Celilo Indian Village, Ore., separated from the Columbia River by only a highway and some railroad
tracks, is one of many tribal communities that sit in the path of what could soon become America's coalexport superhighway.

Regulators are moving too slowly to safeguard nuclear reactors in the West against earthquakes in light
of the 2011 Fukushima meltdown in Japan, the chairman of the Senate Environment and Public Works
Committee said Thursday.

Australia approved plans by North Queensland Bulk Ports Corp. to dump dredging waste from the
expansion of the Abbot Point coal terminal near the World Heritage-listed Great Barrier Reef.

After driving for 15 minutes over the bottom of what was once Iran's largest lake, a local environmental
official stepped out of his truck, pushed his hands deep into his pockets and silently wandered into the
great dry plain, as if searching for water he knew he would never find.

To:
Vaught, Laura[Vaught.Laura@epa.gov]; Haman, Patricia[Haman.Patricia@epa.gov]
Cc:
McBride, Brandon (Agriculture)[Brandon_McBride@ag.senate.gov]; Adamo, Chris
(Agriculture )[Chris_Adamo@ag .senate .gov]
From:
Thieman, Karla (Agriculture)
Sent:
Thur 4/10/2014 7:39:39 PM
Subject: Biofuels Hearing Testimony

www. nnovate.m

Written Statement for the Record


Sumesh M. Arora, Ph.D.
Vice President, Innovate Mississippi
Director, Strategic Biomass Solutions

Before the
United States Senate Committee on Agriculture, Nutrition and Forestry
Full Committee Hearing

Advanced Biofuels: Creating Jobs and Lower Prices at the Pump


Washington, D.C.
Tuesday, April 8, 2014

Strategic Biomass SolutionsTM


www.biomass.ms

Thank you, Chairwoman Stabenow, Ranking Member Cochran and members of the
committee for the opportunity to testify today in support of advanced biofuels and how
they may lead to job creation and lower prices at the fuel pump.

My name is Dr. Sumesh Arora and I serve as the vice president of Innovate Mississippi, an
independent nonprofit organization that champions innovation and technology-based
economic development. I have worked in corporate research for 13 years in the chemical
process industry and have 12 years of experience in the renewable energy sector. My Ph.D.
in international development has given me an opportunity to study the human side of
technology adoption and how new innovations may be diffused among various
populations.

I hope to provide a perspective on how advanced biofuels and bioenergy development and
deployment may be accelerated in the Southern United States, where considerable related
activity is already taking place on multiple fronts.

In the time I have today, I will address five challenges and opportunities for furthering the
domestic development of advanced biofuels and biomass-based energy options:
1. This industry is still in its infancy. Currently there is no "dominant design" for

advanced biofuels technologies or feedstocks, which means that many different


technologies are being perfected that can use a wide variety of feedstocks. This
opens up opportunities for many technical and business innovations in this sector
from deploying very large scale systems to small modular and even on-farm
I I

systems. Achieving the concept of dominant design makes a technology more


bankable and much easier to be adopted by the masses. There is, however, a
significant need to educate entrepreneurs and investors on how to mitigate risks
associated with developing successful ventures in this space. It is important to look
at risk in five key areas as these businesses evolve: technology, markets,
management, finance and execution. Innovate Mississippi, through its Strategic
Biomass Solutions program, has developed the Renewable Energy Venture Startup
(or REVSup for short) Academy, which does just that- educate entrepreneurs to
mitigate risk. REVSup workshops have been conducted all over the country in the
last three years. Linking business plan competitions and business accelerators
around the country is critical to encourage investment in new ventures.
2. Many parts of the country, especially the Southeastern United States, are well suited
to generate current and emerging feedstocks in an ecologically sustainable manner,
which can provide very effective regional solutions. For example, forestry and
poultry are two of the biggest industries in the Southeastern United States that can
supply feedstocks currently for advanced biofuels. Emerging dedicated energy
crops such as grasses and algae also grow well in this climate, but additional
research and market development is still needed to optimize the feedstock supply
chains.
3. Deployment of these technologies will lead to an increase in the number of STEM
(science, technology, engineering and mathematics) related jobs across the country,
which will be difficult to off-shore and will also lead to rural wealth creation.
However, we need to better connect and leverage federal research assets with local

21

universities, schools, business and nonprofit organizations to accelerate the


development of these technologies. For example, Innovate Mississippi is the
original member among nine partners with the USDA Agricultural Research Service
(ARS) to facilitate commercialization of ARS research through the Agricultural
Technology Innovation Partnership (ATIP). I applaud the 2014 Farm Bill for urging
the Department to move forward with further development of public-private
partnerships to provide venture development training for innovative technologies.
4. Advanced biofuels should not be limited to just liquid fuels, but should be viewed in
a more comprehensive manner to include viable biomass-based energy and
biochemical options in gaseous, liquid and solid forms, thereby necessitating a longterm and stable policy that provides clear market certainty. The announcement by
President Obama March 28 unveiling a strategy to curb methane emissions does
that to a great extent; however, the national Bio gas Roadmap scheduled to be
released in June this year is expected to focus primarily on the dairy industry, which
is quite small in the south compare to poultry. Millions of tons of poultry waste is
generated in states from Maryland to Arkansas and the contributions to biogas
production from this very viable feedstock have largely been ignored. There are
tremendous entrepreneurial opportunities in developing such systems that can lead
to rural job growth and keep energy prices low for farmers, while improving soil
health.
5. A large enough volume of advanced biofuels and biomass-based energy options in
the overall mix will help keep fuel prices in-check by diversifying our energy supply

31

and enhancing our national security, but market conditioning efforts led by various
federal agencies must continue for greater adoption of such fuels.

Our work at Innovate Mississippi can be summed up in two words: "coach and connect."
While our mission and goal may sound simple, the work of coaching early stage innovationbased enterprises and connecting them with a wide variety of resources, including early
stage capital, technical research and entrepreneurial service providers, is challenging. The
ultimate goal is to create fast growing, commercially viable companies, which also yield
great returns for the early stage investors. Innovate Mississippi relies on various sources
of state, federal and private sector funding to provide such services at low or no cost to the
entrepreneurs.

I am proud to say that, due to the combined efforts of many stakeholder organizations,
Mississippi is emerging as a regional leader and the proving ground for commercial scale
production of various advanced clean energy technologies such as woody biomass and
MSW-based cellulosic biofuels, biogas production using poultry litter, torrefied wood
pellets, thin film solar panels and energy efficient windows.

The need for a consistent, long-term energy policy for our country has been identified by
many organizations. To quote Phyllis Cuttino, director of Pew Trusts' Clean Energy
Program, whom we hosted in Mississippi in 2012 to hold one of five national round tables,
"predictable, long-term incentives are needed to usher this emerging industry as it
approaches broad market acceptance."

41

In closing, I would like to reiterate that investing in renewable energy is just like investing
for your retirement - it is about diversifying the portfolio and investing early. We have to
diversify the nation's energy portfolio and begin moving away from a transportation sector
that relies on nearly 93 percent of its demand from fossil fuels. Furthermore, just as it is
not prudent to wait until we are about to reach retirement age to start investing in that
portfolio, in this case, it means we cannot put off making serious investments in renewable
forms of energy until the expiration of fossil fuels is imminent. Thank you.

51

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