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The House Subcommittee on Water Resources and Environment, chaired by Rep. Bob Gibbs (R-OH), held a hearing on November 16 to consider potential new regulations by EPA on the hydraulic fracturing of shale beds to produce natural gas.  Opening remarks by Chairman Gibbs and other members of the Committee emphasized the importance of developing this natural gas resource to provide both jobs and domestic energy sources.  While recognizing that protecting the environment was a concern, the majority Members wanted to discuss whether EPA was considering unnecessary Federal regulation under the Clean Water Act that would go beyond what States are already doing to develop shale gas and protect the environment.

 Jim Hanlon, Director, Office of Wastewater Management, started by recognizing that natural gas plays a key role in our nation’s clean energy future and that EPA is committed to ensuring that we pursue this vital resource responsibly.  Mr. Hanlon then presented recently announced EPA activities. 

 Specifically, at the request of Congress via the FY2010 appropriations conference report, EPA’s research office is conducting a study to better understand potential impacts of hydraulic fracturing on drinking water resources.  EPA has held a series of public meetings across the nation to receive input from states, industry, environmental and public health groups, and individual citizens. In addition, the study was reviewed by the Science Advisory Board (SAB), an independent panel of scientists, to ensure the agency conducted the research using a scientifically sound approach. The initial research results and study findings will be released to the public in 2012. The final report will be delivered in 2014.  The study is looking at the full cycle of water in hydraulic fracturing, from the acquisition of the water, through the mixing of chemicals and actual fracturing, to the post-fracturing stage, including the management of flowback and produced or used water as well as its ultimate treatment and disposal.

 Also, Mr. Hanlon noted that EPA had recently announced that it was beginning a rulemaking process to set technology-based treatment pre-treatment standards to regulate discharges to publicly owned treatment works (POTWs) produced by natural gas extraction from underground shale formations.  In particular, process water from shale gas extraction contains high levels of salts and other materials that must be pretreated before discharge to POTWs.  Mr. Hanlon stressed that this rulemaking process will be informed by the input of industry experts, states, and public health organizations and will ensure that energy needs are met safely and responsibly.  A rule would be proposed no earlier than 2014.  And, if finalized after that, would be implemented by States and local POTWs.  Mr. Hanlon emphasized that under the Clean Water Act, States and local utilities have the lead on the pretreatment program.

 State witnesses representing Pennsylvania and Oklahoma regulatory agencies discussed how they already regulate shale gas development including their approaches for protecting surface and ground waters.  To date in both States, there have been no documented drinking water problems resulting from shale gas extraction.  They stressed that States must have the lead and that EPA should not require them to do more than they are now.  Follow-up questioning by Committee members emphasized the critical importance of having States take the lead in regulating shale gas development including environmental protection. 

 In closing, Chairman Gibbs noted that his intent in holding the hearing was to encourage States and EPA to work collaboratively so that shale gas can continue to be developed, avoiding duplication and allowing States to lead. To view a complete list of witnesses, written testimonies, and a video of the entire hearing, click here   

 

January 18, 2013

House Passes Sandy Aid Bill and Senate Likely to Approve Next Week  [-]

On Jan. 15, the House passes an Emergency Supplemental Aid Bill to help states affected by Superstorm Sandy.  The $50.5 billion package for disaster relief will provide new aid heading to communities hit by the storm.  In late 2012, the Senate passed a similar package for $60.4 billion, which later expired at the end of the 112th Congress. That bill is largely reflected in both the package passed in House on Jan.15 and in the $9.7 billion measure expanding borrowing authority for the National Flood Insurance Program (HR 41) that was cleared on Jan. 4 by the House and has been signed into law by the President. The two House-passed bills combined are equal to the $60.4 billion requested by the President.

Due to resistance from fiscally conservative Republican members of the House, the initial aid package offered in the House was for $17 billion, and the chairman of the House Appropriations Committee, Rep. Hal Rogers (R-KY) pledged to provide additional funding through the regular annual appropriations bills.  However, Speaker John Boehner (R-OH) also took steps to allow the House to vote Jan. 15 on a $33.67 billion amendment by House Appropriations Energy and Water Subcommittee Chairman Rodney Frelinghuysen (R-NJ) that provided many of the other funds requested by Obama and backed by the Senate. Ultimately, the amendment offered passed and was incorporated into Rogers's bill.  But the amendment and the overall bill only managed to clear the House with heavy Democratic support.  Minus that, there was not enough Republican support to pass either one. On final passage, the tally was 241-180, with 192 Democrats and only 49 Republicans voting in favor. Voting against the measure were 179 Republicans and 1 Democrat.

The Frelinghuysen amendment contains line-item funding to aid water and wastewater facilities recover and design for possible future natural disasters.  In areas impacted by the storm in EPA Region 2 there is $500 million in capitalization grants through the Clean Water State Revolving Funds for wastewater  facilities and $100 million for capitalization grants through the Safe Drinking Water Act.  The aid package will require states that use the funding to use not less than 20 percent but not more than 30 percent of the amount of its capitalization grants to provide additional subsidization to eligible recipients in the form of forgiveness of principal, negative interest loans or grants or any combination of these.  Rep. Bill Pascrell (D-NJ) attempted to offer an amendment to lift the 30 percent cap, but the House Rules Committee restricted the total number of amendments offered to the bill to three.  The aid package requires that funding be used for “projects whose purpose is to reduce flood damage risk and vulnerability or to enhance resiliency to rapid hydrologic change or a natural disaster at treatment works” in EPA Region 2.

The Senate is expected to consider the House aid package next week and comments out of Senate Democratic leaders suggest that the package will be cleared fairly quickly because the bill is relatively similar to the package previously passed by the Senate.  “It's great news for families, communities, and small businesses in our region that the House—after weeks of delay—finally passed an emergency relief bill for Superstorm Sandy,” said Sens. Frank Lautenberg (D-NJ), Charles Schumer (D-NY), Bob Menendez (D-NJ), and Kirsten Gillibrand (D-NY). “Our region extends a helping hand any time another community suffers from a major disaster, and we're pleased that the House voted to provide this emergency relief for New Jersey and New York.”

In a separate statement, Schumer, the No. 3 Democrat in the Senate, said the House bill is “close enough” to what officials from the region need. He said he will urge his colleagues to pass it quickly.

 

EPA Releases Financial Capability Framework for Municipal Clean Water Act Requirements  [+]
ASCE Releases Final Report in Failure to Act Series, Detailing Comprehensive Impacts of Failing to Invest in America’s Infrastructure  [+]
Integrated Planning Workshops Scheduled  [+]
Secretary Salazar, USGS Director McNutt Both Leaving Interior  [+]
Agriculture Secretary Vilsack to Continue Service in Obama Administration  [+]
EPA’s 2011 Toxics Release Inventory Shows Air Pollutants Continue to Decline  [+]
EPA January 30 Webinar on New Recreational Criteria  [+]
Register for WEF-AWWA Fly-In, April 17-18  [+]