... ENERGY & ENVIRONMENT

Environmental Agency Finalizes Particulate Matter Standards

The U.S. Environmental Protection Agency (EPA) late yesterday released the final rule establishing new national ambient air quality standards (NAAQS) for particulate matter (PM).

The rule includes an annual and daily standard for fine particulates and a daily standard for coarse PM. The daily PM2.5 standard, for particles smaller than 2.5 microns, was tightened from 65 to 35 micrograms per cubic meter (µg/m3) of air averaged over 24 hours. However, the agency is retaining the existing annual PM2.5 standard of 15 µg/m3. These are the levels that were contained in the proposed rule.

The proposed coarse PM standard, however, was not adopted in the final rule. Instead EPA has retained the current daily PM10 standard of 150 µg/m3 and revoked the existing annual standard for coarse particles of 50 µg/m3.

The 1997 PM10 standard was vacated by the U.S. Court of Appeals for the D.C. Circuit, based on the theory that enforcing one standard for particles 10 microns and below and another for those 2.5 microns and below constituted double regulation. This meant that the 1987 PM10 standard remained in effect, although it would theoretically also result in double regulation.

The 1987 standard could not be challenged on these grounds, however, since the petition-for-review window had long since closed. The new standard is certain to be challenged, perhaps from both industry for being more stringent than necessary, as well as from environmentalists for being insufficient to protect human health and the environment.

As for the rule's impact, EPA has estimated that the new fine PM standard will result in 32 new counties added to the current 208 that are not meeting the particulate matter standard. This appears to only include counties with monitors that would fail to meet the standard, but non-attainment designations are based on metropolitan areas, which would result in 530 total non-attainment counties under the new standard.

Contact: Tom Carter

Senate Confirms Myers as the new USGS Director

The U.S. Senate confirmed Mark Myers, formerly Alaska's state geologist, on Friday as the new director of the U.S. Geological Survey.

Myers succeeds Charles "Chip" Groat, who resigned last summer after serving as director since 1998. Groat is now the director of the Center for International Energy and Environmental Policy at the University of Texas at Austin. Patrick Leahy has been serving as director on an acting basis.

Contact: John Sullivan

Nitrogen Oxide Emissions Drop Significantly in Eastern U.S.

Emission of nitrogen oxides (NOx) in the eastern United States fell by 11 percent last year, according to data from the U.S. Environmental Protection Agency.

The drop of more than 10 percent in one year was attributed to implementation of the NOx SIP Call, a regulation aimed at reducing emissions in the East and Midwest through an emission-trading program.

Since NOx is a precursor to ground-level ozone, the ultimate objective of the emission-reduction measures is to help Eastern states attain the national ambient air quality standard (NAAQS) for ozone.

The report found that NOx emissions in the region had decreased 57 percent since 2000 and 72 percent since 1990.

Contact: Tom Carter

White House Touts Climate Program on the Hill

In two hearings yesterday, Administration officials discussed the White House approach to addressing the climate change issue.

Before the House Science Committee, Energy Secretary Samuel Bodman described efforts to develop technological means to reducing greenhouse gas emissions through research and development.

Meanwhile James Connaughton, Chairman of the White House Council on Environmental Quality, sought funding for the Asia-Pacific Partnership (APP) from the U.S. Senate Committee on Environment and Public Works.

The APP is the official United States alternative to the Kyoto Protocol. Rather than impose mandatory caps on participating countries, the APP will focus on technology transfer and information sharing.

In addition to the United States, China, India, Japan, Korea, and Australia participate in the APP, which covers several key sectors, including cement manufacturing.

Contact: Tom Carter

California Sues Automakers for Carbon Emissions

In a surprise move this week, California Attorney General Bill Lockyer sued the largest U.S. and Japanese auto manufacturing companies, claiming that automotive carbon dioxide emissions create a public nuisance by causing climate change.

One of many state and federal suits related to greenhouse gas emissions, this is the first to seek monetary damages.

The state will seek millions of dollars from Chrysler, General Motors, Ford, Toyota, Honda, and Nissan under state common law, which defines a public nuisance as "an unreasonable interference with a public right, or an action that interferes with or causes harm to life, health or property."

If successful, this suit could subject other emission sources to potential liability.

Contact: Tom Carter

Senate Committee Holds Hearing on T ansportation Secretary

Earlier this week, the U.S. Senate Commerce Committee held a hearing to consider the nomination of Mary Peters to succeed Secretary Norman Y. Mineta as Secretary of the U.S. Department of Transportation.

Peters—a long time friend of the transportation construction industry—served as head of the Federal Highway Administration from 2001 to 2005 and with the Arizona Department of Transportation for 16 years. During her tenure there, she served three years as director. She is currently a senior vice president at HDR Engineering.

Committee Chairman Senator Ted Stevens (R-Alaska) stated his intention to move the nomination through committee quickly in an effort to have Peters confirmed prior to the next week's scheduled recess for the November elections.

Contact: Jim Kolb or John Sullivan

Commission to Examine Surface Transportation Needs, Financing

The National Surface Transportation Policy and Revenue Study Commission held its first field hearing in Dallas, Tex., this week.

The meeting was sponsored by the International Bridge, Tunnel, and Turnpike Association; the American Public Transportation Association; the Intelligent Transportation Society of America; and Texas Department of Transportation.

The Commission was mandated by SAFETEA-LU to examine the future needs of the surface transportation network and to develop recommendations to meet these needs.

The Transportation Construction Coalition and the Americans for Transportation Mobility have proposed hosting a future Commission meeting.

The groups recommend the meeting focus on the challenges and needs for reconstructing the Interstate system; the important role the surface transportation network plays in the nation's economy; emergency preparedness; public health; and how best to pay for the improvements necessary to meet the requirements of the surface transportation network.

Contact: Jim Kolb

Senate Takes Up House Security Fence Bill

The U.S. Senate on Wednesday unanimously voted to begin debate on legislation that would authorize a 700-mile fence along the Mexican border.

The Senate voted 94-0 to proceed to the House-passed bill H.R. 6061, which designates five specific sites along the border for fencing.

The bill prescribes at least two layers of "reinforced" fencing, and the installation of physical barriers, roads, lighting, cameras, and sensors.

Majority Leader Bill Frist (R-Tenn.) indicated he would hold off making a decision on whether to allow amendments.

Minority Leader Harry Reid (D-Nev.) said he hoped that Frist would allow an amendment to "reflect the support" for the Senate's comprehensive immigration package. One estimate has the cost of constructing the 700 miles of reinforced fencing at $7 billion.

Contact: Robert Sullivan

Highway Administration Seeks Parking Proposals

In an August 28 Federal Register notice, the Federal Highway Administration (FHWA) asked state and local governments for proposals aimed at easing the shortage of parking for trucks along highways. SAFETEA-LU calls for FHWA to spend $25 million on truck parking over six years.

States and cities can apply for funds for projects that can include the creation of new parking areas or expansion of existing facilities, plus using intelligent transportation technology to increase information on the availability of both public and private commercial vehicle parking spaces.

The FHWA has indicated that it would begin issuing funds in late spring or early summer of 2007. (Source: Transport Topics)

Contact: Robert Sullivan

House Resources Committee Holds Hearing on ROCK Act

On Wednesday, the U.S. House Resources Subcommittee on Energy and Mineral Resources held a hearing on H.R. 6080, the Resources Origin and Commodity Knowledge (ROCK) Act, introduced recently by Representative Thelma Drake (R-Va.).

The legislation would make the U.S. Geological Survey's Mineral Information TEAM (MIT) an independent agency within the Department of the Interior. The MIT collects, analyzes, and disseminates domestic and international shipments data for minerals and basic commodities, including portland cement.

The information reported by MIT is instrumental for understanding the effective use of the nation's resources and for accurate forecasting. The reports related to portland cement shipments have a superior level credibility and are used by the investment and contacting communities.

PCA and several NACA members sent a joint letter to Representative Drake expressing support for the legislation. The legislation may be considered on the floor of the House next week.

Contact: David Hubbard or John Sullivan

House Committee Approves Legislation Aimed at Dam Safety

The U.S. House Transportation and Infrastructure Committee approved two bills this week to improve dam safety. They are:
... .....• The Dam Safety Act of 2005 (H.R. 4981) and
... .....• The Dam Rehabilitation and Repair Act of 2005 (H.R. 1105).

NACA strongly supports both bills.

H.R. 4981, which reauthorizes the National Dam Safety Act for five years, provides grants to state dam safety agencies to assist them in enhance dam safety programs and projects. H.R. 1105 provides grants to assist states in rehabilitating publicly-owned dams that fail to meet minimum safety standards.

Both bills may be considered on the floor of the House next week.

Contact: David Hubbard

FEMA to Stay in the Department of Homeland Security

Key leaders of the U.S. House and Senate reached agreement that the Federal Emergency Management Agency (FEMA) will remain within the Department of Homeland Security (DHS).

U.S. Senate Homeland Security and Governmental Affairs Committee Chairman Susan Collins (R-Maine) and the Committee's Ranking Member, Joseph Lieberman (D-Conn.), stated late last week that an agreement was reached that would include tougher requirements for FEMA's chief and protect the agency from DHS reorganizations.

It is expected that the FEMA language will be attached to the homeland security appropriations bill currently moving through Congress.

Contact: John Sullivan.

Questions about this newsletter? For more information or to unsubscribe, send an e-mail to info@washingtonbriefing.com.