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View Full Version : House Ag chairman co-sponsors bid to block EPA regs


Bronx33
02-03-2010, 03:30 PM
It's a shame US news agencies fail to report basic stuff. ( canada rocks!)

http://canadafreepress.com/index.php/article/19634

A trio of House lawmakers yesterday introduced a bill to block U.S. EPA’s authority to regulate greenhouse gases, marking the latest in a string of bipartisan attacks against forthcoming climate rules.

The measure from Agriculture Chairman Collin Peterson (D-Minn.) and Missouri Reps. Ike Skelton (D) and Jo Ann Emerson (R) would amend the Clean Air Act to prohibit EPA from regulating greenhouse gases based on their effects on global climate change.

The bill would also advance several of the farm state lawmakers’ other priorities by stopping EPA from calculating land-use changes in foreign countries for determining U.S. renewable fuels policy, and broadening the definition of renewable biomass.

“It appears the clean energy bill moving through Congress is stalled,” Skelton said. “Let us set that bill aside and pass this scaled-back energy legislation.”

This bill, Skelton said, “represents a responsible way to move forward on energy legislation, gets the EPA under control, provides good things for American farmers and builds upon bipartisan objectives that will help curb climate change and make our nation more energy independent.”

The effort comes as EPA prepares to begin regulating greenhouse gases next month with its final tailpipe standard. That rule will trigger stationary source regulations, and the agency is expected to continue crafting greenhouse gas standards for other sectors.

The U.S. Supreme Court ruled in its 2007 Massachusetts v. EPA decision that EPA has the authority to regulate greenhouse gases under the Clean Air Act.

The bill is the latest congressional efforts to stall EPA climate rules. Sen. Lisa Murkowski (R-Alaska) is planning to seek a vote next month on a disapproval resolution that would effectively veto EPA’s determination that greenhouse gases threaten human health and welfare.

In the House, Rep. Earl Pomeroy (D-N.D.) has introduced a separate bill to strip EPA of its authority to regulate greenhouse gas emissions unless it receives explicit authority to do so by Congress.
Indirect land use, biomass

In addition to blocking climate regulations, the new bill seeks to block EPA from considering greenhouse gas emissions from international “indirect” land-use changes when implementing the renewable fuel standard, or RFS.

The 2007 energy bill expanded the RFS and increased goals for the use of ethanol and other biofuels in U.S. transportation fuels, reaching 36 billion gallons a year in 2022. The standard requires EPA to assess the “lifecycle” emissions of biofuels—weighing the emissions from growing crops, producing fuels made from them, and distributing and using the fuels.

EPA proposed last year to measure emissions from indirect land-use changes associated with biofuels—such as land that is deforested in other countries because of increased crop growth in the United States. The agency concluded, depending on the time frames modeled, that traditional corn ethanol could have a slightly larger emissions footprint than gasoline when land-use changes are factored in.

But those draft regulations drew the ire of biofuels advocates and farm-state lawmakers—including Peterson and Emerson—who maintained the agency was unfair to ethanol.

Last summer, Peterson reached an agreement with the Democratic authors of energy and climate legislation to include language to bar EPA from considering including emissions from indirect land-use changes abroad for five years (E&E Daily, June 24, 2009). But that bill has languished as climate talks have stalled in the Senate.

Meanwhile, the White House completed its review of EPA’s proposal for implementing the RFS earlier this week, paving the way for the agency to finalize the rule (E&ENews PM, Feb. 2).

“I’m proud to help sponsor this bill because if Congress doesn’t do something soon, the EPA is going to cram these regulations through all on their own,” Peterson said in a statement yesterday.

Emerson has also sought to bar EPA from measuring emissions from indirect land-use changes as part of the overall calculation of biofuels emissions. During consideration of the EPA fiscal 2010 appropriations bill last year, Emerson introduced a failed amendment that would have blocked EPA from considering the indirect emissions (E&E Daily, June 19, 2009).

The new measure would also expand the definition of what classifies as “renewable biomass” that can be used for biofuels under the RFS.

The definition largely mirrors an amendment that Peterson negotiated to include in the House-passed energy and climate bill, although language barring the use of components of federal forests and conservation areas was notably absent in the bill introduced yesterday (Greenwire, June 25, 2009).

Peterson and Skelton voted for the House climate and energy bill (H.R. 2454); Emerson voted against it.

Click here to read the bill.

Bronx33
02-04-2010, 02:52 PM
February 4, 2010

WASHINGTON – U.S. Reps. Joe Barton, R-Texas, ranking member of the House Energy and Commerce Committee, and Greg Walden, R-Ore., ranking member of the Oversight and Investigations Subcommittee, today wrote to Environmental Protection Agency Administrator Lisa Jackson asking her for information related to the peer-review process and scientific objectivity underpinning the agency’s endangerment finding on greenhouse gases.

In a response to the lawmakers last year, Jackson said that the EPA placed great weight upon the assessment literature of the United Nations Intergovernmental Panel on Climate Change. However, the agency’s reliance on the IPCC’s work “has been criticized on the grounds that the agency did not follow its own internal guidelines and traditional science assessment practices as it sought to expedite its endangerment determination,” Barton and Walden wrote. “The agency has defended its reliance on the IPCC assessments, stating that IPCC reports ‘undergo a rigorous and exacting standard of peer review’ and that EPA could rely upon the quality of these reports as a substitute for its own internal analysis of the relevant science.”

Recent published reports put a dent in that “exacting standard of peer review” when a lead author for the IPCC’s Working Group II report admitted to publishing an unsubstantiated claim that Himalayan glaciers may vanish in 25 years at current rates of global warming. Available evidence suggests the claim was off by 300 years.

“This claim, drawn reportedly from the World Wildlife Fund environmental advocacy group, survived the IPCC’s source requirements and its peer review process, including presumably any EPA reviewers participating in the process. Multiple questions raised during the review process, according to attached news reports, were ignored by IPCC,” the lawmakers wrote. “Moreover, the author of this claim states he knew it did not rest on peer-reviewed literature, but that he and his co-authors kept it in the assessment because ‘we thought that if we can highlight it, it will impact policymakers and politicians and encourage them to take some concrete action.’

“We believe this error raises questions about whether EPA’s due diligence and review of the IPCC assessments has been sufficiently rigorous,” Barton and Walden wrote. “Aside from EPA’s own participation in the development and review of the Working Group II report, in its comments on the endangerment finding EPA pointed to published IPCC guidelines and procedures to demonstrate the quality of the process. Yet, we see no evidence that EPA has examined whether and how the IPCC implements and adheres to these procedures.”

The lawmakers asked Jackson to respond to the following questions:

1. What did EPA do, and when, to evaluate the IPCC source requirements or peer-review procedures to determine if such requirements and procedures comply with OMB data quality guidelines or EPA’s own peer review guidelines?

2. Explain how EPA evaluated and determined that IPCC considered full information and all scientific viewpoints relating to climate change.

3. Explain how EPA verified that IPCC actually implemented and followed its published policies and procedures regarding review and comments on its published reports?

a. Did EPA evaluate the IPCC peer review record?
b. Did EPA evaluate the credibility or quality of IPCC author responses to comments?
c. Please provide all documents relating to any such verification of IPCC implementation of its policies.

4. Did EPA consider the technical support document for the endangerment finding as a candidate for peer review, as required by EPA’s Peer Review Handbook?

5. In recent years, the National Research Council has criticized EPA’s implementation of its peer review procedures, noting that EPA should more strictly separate the management of the work product from the peer review of that work product to ensure greater independence of peer review from the control of program managers. (See Strengthen Science at the U.S. Environmental Protection Agency, NRC 2000.) Please identify who managed the peer review or review process for the technical support document for the endangerment finding and whether the individual(s) adhered to EPA peer review guidelines or the recommendations of the National Research Council.

6. Regarding the EPA’s Action Development Process for developing the endangerment finding, please provide any preliminary analytic blueprint and detailed analytic blueprint prepared for or relating to the endangerment finding or its technical support document.

7. Did EPA contractors participate in the analysis of or preparation for the responses to public comments on the endangerment finding or evaluation of the quality, rigor, or transparency of the science assessments EPA relied upon?

A copy of the letter can be found here (http://republicans.energycommerce.house.gov/Media/file/News/020410_Barton_Walden_EPA_Endangerment.pdf).