CRS Report Released: Water Resource Issues in the 113th Congress

The Congressional Research Service (CRS), the public policy research arm of Congress, recently issued the report Water Resource Issues in the 113th Congress (Jan. 31, 2013). The 14-page report authored by Betsy A. Cody, Charles V. Stern, Nicole T. Carter, and Pervaze A, Sheikh discusses the following:

Summary

The 113th Congress may face many issues related to water resource development, management, and protection. Such issues include how to make investment decisions in the context of federal fiscal constraints; how to distribute investments between activities to meet new demands for water supplies and aquatic ecosystem restoration and protection; how to maintain and reinvest in an aging portfolio of federal infrastructure (e.g., locks, dams, and levees); and how to effectively respond to and prepare for flood and drought emergencies. These issues often arise at the regional level, but have a federal nexus. For example, Congress may continue to be faced with issues associated with flooding (e.g., Hurricane Sandy response and recovery), navigation and water supply challenges due to drought-induced low river flows, and balancing water supply needs of farm and urban communities with protection of threatened and endangered species.

The water resource issues of the 113th Congress are in part shaped by the actions of past Congresses, including the 112th Congress. In addition to holding numerous oversight hearings on agency policies and activities, the 112th Congress provided regular annual and supplemental appropriations for major federal water research agencies, such as the U.S. Army Corps of Engineers (Corps) and the Bureau of Reclamation (Reclamation). The 112th Congress did not formally consider an omnibus Corps project authorization and policy bill—typically called a Water Resources Development Act (WRDA)—but a draft Senate Environment and Public Works bill was circulated and discussed in the fall of 2012.

The 112th Congress also considered legislation to augment developed water supplies (e.g., water storage, water reuse), settle Indian water rights claims, and facilitate small conduit hydropower development. The 112th Congress considered several bills related to aquatic ecosystem restoration throughout the country (e.g., Everglades, Gulf Coast, Great Lakes, Klamath Basin, and Chesapeake Bay). The 112th Congress also considered legislation related to the energy sector’s water use and the water sector’s energy use, as well as water research and development legislation, including research related to climate change, water resource availability, drought indicators and streamflow.

The 113th Congress may consider measures similar to those left pending in the 112th Congress (e.g., a farm bill, a WRDA, hydropower development, and water research legislation), as well as other proposals. Because of current water conditions, disasters, or legal or agency developments, certain basin issues are particularly likely to receive congressional attention (e.g., operation of federal reservoirs in the Apalachicola-Chattahoochee-Flint river basin, Sacramento and San Joaquin river basins (Central Valley Project), and Missouri River Basin). Other related legislation may include the energy-water nexus and environmental policy.

This report discusses recent congressional activity and possible topics for the 113th Congress. It provides an overview of the federal role in water resources development, management, and protection, including a discussion of the two major federal water resources agencies and related legislation. It also discusses overarching policy issues, such as flood and drought management and response; project funding and authorization priorities; and aquatic ecosystem restoration.

CRS Report Released: Federal Regulation of Chemicals in Commerce: An Overview of Issues forthe 113th Congress

The Congressional Research Service (CRS), the public policy research arm of Congress, recently issued the report Federal Regulation of Chemicals in Commerce: An Overview of Issues forthe 113th Congress (Jan. 3, 2013). The 12-page report authored by Linda-Jo Schierow discusses the following:

Summary

The useful properties of chemicals provide many benefits to consumers and bolster the U.S. economy, but these benefits may come with a price, as exposure to certain chemicals can lead to adverse effects on human health or the environment. This report briefly describes selected issues related to regulation of chemicals in commerce by the U.S. Environmental Protection Agency (EPA) that are of potential interest to the 113th Congress.

Concerns about the complexity, cost, and delays in regulating chemicals under the Toxic Substances Control Act (TSCA) have prompted proposals (such as S. 847 in the 112th Congress) to amend the 1976 statute. Some would provide EPA with specific authority and mandates to ensure adequate management of chemical risks. Others would amend particular provisions, leaving most of the law intact. TSCA reform is a high priority for some in the 113th Congress.

Another issue is whether to expand or restrict EPA’s authority to require public disclosure of chemical information under the Emergency Planning and Community Right-to-Know Act (EPCRA) or TSCA. Bills in the 112th Congress (H.R. 1084 and S. 587) would have required oil and gas producers to disclose identities of chemicals used in hydraulic fracturing. Other administrative and legislative initiatives also would have mandated more public disclosure.

The integrity of scientific advice provided to EPA may be another salient issue. Some in the 112th Congress expressed concern about the composition of EPA’s Science Advisory Board (SAB). H.R. 6564 would have required a rebalancing of “the scientific and technical points of view represented.” EPA’s Integrated Risk Information System (IRIS) has been criticized by some for being out of date and incomplete, while the process of conducting chemical risk assessments is said to be slow. The National Research Council (NRC) made recommendations to improve IRIS reports in 2011, and Congress directed EPA to “incorporate, as appropriate,” NRC recommendations and to contract with the National Academy of Sciences to conduct several reviews of IRIS assessments, including one for inorganic arsenic.

Pesticides issues generally are resolved under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), which directs EPA to regulate the sale and use of pesticides through registration of products. The 112th Congress was interested in apparent overlap between FIFRA and the Clean Water Act (CWA). At issue is whether FIFRA is sufficient alone to ensure protection of water quality or whether certain pesticide applications require a CWA permit. In response to a court order, EPA issued a general permit requiring applicators to minimize pesticide discharges to waters. House-passed H.R. 872 would have exempted aerial pesticide application activities from water permit requirements. The Senate Committee on Agriculture, Nutrition, and Forestry approved the bill in June 2011.

Another issue of potential interest is whether to amend both TSCA and FIFRA to accommodate certain international agreements intended to reduce production and use of persistent organic pollutants (POPs) globally. S. 847, as reported in the 112th Congress, would have added a new section to TSCA authorizing actions allowing U.S. implementation of the three international agreements.

Finally, as it considers appropriations, Congress may actively consider what amount of federal grant money should be made available to address lead-based paint hazards in older homes.

CRS Report Released: Energy Policy: 113th Congress Issues

The Congressional Research Service (CRS), the public policy research arm of Congress, recently issued the report Energy Policy: 113th Congress Issues (Jan. 3, 2013). The 12-page report authored by Carl E. Behrens discusses the following:

Summary

Energy policy in the United States has focused on three major goals: assuring a secure supply of energy, keeping energy costs low, and protecting the environment. In pursuit of those goals, government programs have been developed to improve the efficiency with which energy is utilized, to promote the domestic production of conventional energy sources, and to develop new energy sources, particularly renewable sources.

Implementing these programs has been controversial because of varying importance given to different aspects of energy policy. For some, dependence on imports of foreign oil, particularly from the Persian Gulf, is the primary concern; for others, the indiscriminate use of fossil fuels, whatever their origin, is most important. The contribution of burning fossil fuels to global climate change is particularly controversial. Another dichotomy is between those who see government intervention as a positive force and those who view it as a necessary evil at best.

Energy policy was an important issue in the 2012 presidential campaign, and there were sharp differences between the positions of President Obama and Republican candidate Mitt Romney, and between most Republicans and Democrats in Congress. The Obama Administration has vigorously pushed energy efficiency and renewable energy initiatives, at the same time claiming to encourage development of oil and natural gas resources. President Obama has declared global climate change a major issue. The Romney campaign argued that the Obama Administration has blocked oil and gas development, and declared that so-called green technologies are too expensive to compete in the market. Alternative energy funding, according to Romney, should be concentrated on basic research. On global climate change, Romney acknowledged that human activity contributes to global warming, but claimed there is no consensus on its extent or severity. He opposed unilateral measures that do not include actions by developing countries.

The 112th Congress did not take up comprehensive energy legislation, but numerous bills were considered on specific energy issues. Several notable bills that passed the House but were not taken up by the Senate were H.R. 4480, aimed at increasing leasing of federal land for oil and gas production; H.R. 2401 and H.R. 3409, which would have limited EPA’s issuance of new emissions restrictions for coal-fired power plants; and H.R. 6213, which would have prohibited the Department of Energy from granting loan guarantees for innovative and renewable energy projects.

Implementation of the Magnuson-Stevens Fishery Conservation and Management Act - NOAA

This testimony of Eric Schwaab, Assistant Administrator of the National Marine Fisheries Service, before the Senate Committee on Commerce, Science and Transportation, Subcommittee on Oceans, Atmosphere, Fisheries, and the Coast Guard, on March 8, 2011 states that the U.S. is making good progress toward meeting the mandate to end domestic overfishing.

“We know that nearly $31 billion in sales and as many as 500,000 jobs are lost because our fisheries are not performing as well as they would if all stocks were rebuilt... While we are turning a corner toward a brighter future for fishermen and fishing communities, many fishermen are struggling in part as a result of years of decline in fishing opportunity."

Forest Service: Continued Work Needed to Address Persistent Management Challenges - GAO

This Government Accountability Office testimony (GAO-11-423T), dated March 10, 2011, states that "in 2009, GAO highlighted management challenges that the Forest Service faced in three key areas—wildland fire management, data on program activities and costs, and financial and performance accountability. The Forest Service has made some improvements, but challenges persist in each of these three areas. In addition, recent GAO reports have identified additional challenges related to program oversight and strategic planning."

Avoiding Water Wars: Water Scarcity and Central Asia's Growing Importance for Stability in Afghanistan and Pakistan -- US Congress

This Senate print (S. PRT. 2011; 112–10), dated February 22, 2011, finds that In Central and South Asia, particularly in Afghanistan and Pakistan, the impacts of water scarcity are fueling dangerous tensions that will have repercussions for regional stability and U.S. foreign policy objectives. The national security implications of this looming water shortage—directly caused or aggravated by agriculture demands, hydroelectric power generation, and climate instability—will be felt all over the world.

Recent Federal Environmental Legislation

S.3473 : A bill to amend the Oil Pollution Act of 1990 to authorize advances from Oil Spill Liability Trust Fund for the Deepwater Horizon oil spill.
Sponsor: Sen Reid, Harry [NV] (introduced 6/9/2010) Cosponsors (None)
Latest Major Action: Became Public Law No: 111-191 [GPO: Text, PDF]


S.3372 : A bill to modify the date on which the Administrator of the Environmental Protection Agency and applicable States may require permits for discharges from certain vessels. Sponsor: Sen Boxer, Barbara [CA] (introduced 5/13/2010) Cosponsors (15) Committees: Senate Environment and Public Works Senate Reports: 111-209 Latest Major Action: Became Public Law No: 111-215 to GPO Text, PDF]

American Clean Energy and Security Act of 2009

The Waxman/Markey bill (H. R. 2454) introduced May 15, 2009 has a good chance of passage.

Water Resources Development Act of 2007: Conference Report to Accompany H.R. 1495

This Conference Report (HR Rep. 110–280). details Congressional intent in passing the Act. The Act covers programs provide ecological restoration programs, Flood mitigation projects, and specific projects located in Alaska, Arizona , and Arkansas.

Food, Conservation, and Energy Act: Conference Report to Accompany H.R. 2419

This Conference Report details the Congressional intent in passing the Food, Conservation, and Energy Act of 2008. The bill covers, among other items, biofuels and the environmental aspects of agriculture.

The Select Committee on Energy Independence and Global Warming: 110th Congress Staff Report

This Report by the Select Subcommittee on Energy Independence and Global Warming sets sets forth its understanding of the threat posed by global warming and details steps it believes are necessary to counter the worse effects of Global Warming. the link leads to a web page where the document is offered in .pdf format section by section.