With the Congress set to adjourn for the upcoming Memorial Day recess, congressional energy policy is firmly focused on the ongoing oil spill in the Gulf of Mexico.  The Senate Committee on Energy and Natural Resources, the House Committee on Energy and Commerce, the House Committee on Natural Resources and the House Committee on the Judiciary will all hold hearings on offshore drilling and proposed increases in, or reform of, the drilling liability fund.  While this goes on, the Kerry-Lieberman climate bill languishes without any clear path to consideration or whether the key compromises made on offshore drilling will maintain its bipartisan support.

Tuesday, May 25

The Senate Committee on Energy and Natural Resources will hold a hearing at 10 a.m. in Room 325 of the Russell Senate Office Building to receive testimony on the liability and financial responsibility issues related to offshore oil production.  At 2 p.m. the House Committee on Energy and Commerce will conduct a hearing on the Gulf oil spill in Room 2123 of the Rayburn House Office Building.

Wednesday, May 26

The Honorable Ken Salazar, Secretary of the U.S. Department of Interior, will testify, in a hearing entitled “Outer Continental Shelf Oil and Gas Strategy and Implications of the Deepwater Horizon Rig Explosion,” before the House Committee on Natural Resources at 10 a.m. in Room 1324 of the Longworth House Office Building.

Thursday, May 27

The House Committee on the Judiciary will conduct a 10 a.m. hearing in Room 2141 of the Rayburn House Office Building on “Liability Issues Surrounding the Gulf Coast Oil Disaster.”  At 10 a.m. the House Committee on Natural Resources will hold a hearing on the “Outer Continental Shelf Oil and Gas Strategy and Implications of the Deepwater Horizon Rig Explosion” in Room 1324 of the Longworth House Office Building.  Featured witnesses include Mr. Lamar McKay, Chairman and President of BP America, Inc. and Mr. Steven L. Newman, President and CEO of Transocean Ltd.  Also at 10 a.m. the House Appropriations Committee will conduct a hearing entitled “BP-Transocean Deepwater Horizon Oil Disaster” in Room 2359 of the Rayburn House Office Building.  The Honorable Ken Salazar is scheduled to testify among others.  

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The House and Senate are in session this week, with the House taking up a series of suspension bills and, possibly, a tax bill, while the Senate continues to devote its energies to the financial reform legislation.  With the energy world being dominated by the Gulf of Mexico spill and efforts to stop the leaking, the energy committees will continue their investigations into what went wrong and the government’s response.  What’s different this week is that the witnesses will be Obama Administration officials, and the Senators and Members of Congress from the President’s own party asking questions.

Monday, May 17

The Senate Committee on Homeland Security and Government Affairs will hold a hearing entitled “Gulf Coast Catastrophe: Assessing the Nation’s Response to the Deepwater Horizon Oil Spill” at 2:30 p.m. in Room 342 of the Dirksen Senate Office Building.  Witnesses include The Honorable Janet A. Napolitano, Secretary, U.S. Department of Homeland Security; Rear Admiral Peter V. Neffenger, Deputy National Incident Commander, U.S. Coast Guard; and Lamar McKay, Chairman and President, BP America.

Tuesday, May 18

The Senate Committee on Energy and Natural Resources will conduct a hearing related to the issues of oil and gas exploration, including the Gulf of Mexico oil spill, with The Honorable Ken Salazar, Secretary, U.S. Department of Interior serving as a witness.  The hearing will take place at 11 a.m. in Room 366 of the Senate Dirksen Office Building. 

That afternoon, the Senate Committee on Commerce, Science and Transportation will hold a hearing on the “Response Efforts to the Gulf Coast Oil Spill” at 2:30 p.m. in Room 253 of the Russell Senate Office Building.  Witnesses include Admiral Thad Allen, Commandent, U.S. Coast Guard; The Honorable Jane Lubchenco, Administrator National Oceanic and Atmospheric Administration; Mr. Lamar McKay, Chairman and President, BP America; Mr. Steven Newman, President and CEO, Transocean Ltd.; and Dr. Deborah French McCay, Principal, Applied Science Associates.

In a third hearing on Tuesday at 2:30 p.m. in Room 106 of the Dirksen Senate Office Building, the Senate Committee on Environment and Public Works will conduct a hearing entitled “Federal Response to the Recent Oil Spill in the Gulf of Mexico.”  Witnesses include The Honorable Lisa Jackson; Administrator, U.S. Environmental Protection Agency; The Honorable Ken Salazar; The Honorable Nancy Helen Sutley, Chair, Council on Environmental Quality; Rear Admiral Peter V. Neffenger, Deputy, National Incident Commander for the Deepwater Horizon Oil Spill Response, U.S. Coast Guard; The Honorable Jo-Ellen Darcy, Assistant Secretary of the Army (Civil Works); and The Honorable John R. Fernandez, Assistant Secretary of Commerce for Economic Development Administration.

Wednesday, May 19

The House Transportation and Infrastructure Committee will conduct a hearing at 10 a.m. in Room 2167 of the Rayburn House Office Building on “Deepwater Horizon: Oil Spill Prevention and Response Measures, and Natural Resource Impacts.”

Thursday, May 20

The Senate Committee on Finance’s Subcommittee on Energy, Natural Resources and Infrastructure will conduct a 2:30 p.m. hearing entitled “Clean Technology Manufacturing Competitiveness: The Role of Tax Incentives” in Room 215 of the Dirksen Senate Office Building.

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The ongoing Gulf of Mexico oil spill will continue to dominate energy policy in the Congress this week-first in the Committees, as seemingly every committee with jurisdiction holds a hearing examining the spill and its aftermath.  The action begins on Tuesday in the Senate where the Energy and Natural Resources Committee holds a hearing in the morning followed by an afternoon session in the Environment and Public Works Committee.  Wednesday brings the same subject to the House where Chairman Henry Waxman will take on the spill in the Energy and Commerce Committee. 

These hearings come in the same week Sens. Kerry and Lieberman intend to introduce their version of a climate change bill.  Sen. Lindsay Graham of South Carolina broke off from this effort due to a dispute over immigration reform.  Even with the Gulf of Mexico spill, it is expected that the legislation will include expanded drilling.  Whether that expansion stays in through floor consideration is anyone’s guess, but, as of now, it appears there will be no immediate legislative counterweight to new drilling.

Tuesday, May 11

The U.S. Senate Energy and Natural Resources Committee will hold a hearing to discuss issues related to offshore oil and gas development at 10 a.m. in Room 325 of the Senate Russell Building.  In the Senate Environment and Public Works Committee, a 10 a.m. hearing on “EPA’s Role in Protecting Ocean Health” will be held in Room 406 of the Dirksen Senate Building and will be followed by a 2:30 p.m. hearing on the “Economic and Environmental Impacts of the Recent Oil Spill in the Gulf of Mexico.”  The afternoon hearing will include Lamar McKay, Chairman and President of BP America; Steven L. Newman, President and CEO of Transocean; and Tim Probert, President of Global Business Lines and Chief Health, Safety and Environmental Officer at Halliburton as witnesses.

Wednesday, May 12

The House Energy and Commerce Committee will conduct a hearing to enquire into the Deepwater Horizon oil spill in Room 2123 of the Rayburn House Office Building at 10 a.m.

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With attention focused on the Gulf of Mexico oil spill, introduction of the Kerry-Lieberman-Graham climate/energy legislation continues in limbo.  The Gulf spill has unleashed a backlash against offshore drilling - one of the central compromises of the proposed legislation.  Three separate committees announced plans to hold hearings on offshore drilling in the coming weeks.  This week, the Committees with jurisdiction over climate change will be largely silent on the subject.  Senate EPW has a hearing on Yucca Mountain and issues related to the disposal of waste generated by nuclear energy, and certain aspects of the Nuclear Regulatory Commission’s work. 

Wednesday, May 5, 2010

The Senate Environment and Public Works Committee will hold a hearing to discuss the Nuclear Regulatory Commission’s (NRC) review of the decision to withdraw Yucca Mountain’s nuclear waste license and also the NRC’s regulation of nuclear waste licenses. The hearing will be held at 10:00 a.m. in Room 406 of the Dirksen Senate Office Building. Witnesses include Gregory Jaczko, chairman, NRC; Kristine Svinicki, commissioner, NRC; George Apostolakis, commissioner, NRC; William Magwood, commissioner, NRC; William Ostendorff, commissioner, NRC; Richard Meserve, president, Carnegie Institution for Science, former NRC commissioner; Peter Bradford, adjunct professor, Institute for Energy and the Environment, Vermont Law School, former NRC commissioner; K.P. Singh, president and CEO, Holtec International; and George Vanderheyden, president and CEO, UniStar Nuclear Energy LLC.

Thursday, May 6, 2010

The Select Committee on Energy Independence and Global Warming will hold a hearing entitled “The Foundation of Climate Science” to review the state of climate science after a scandal over stolen emails. The hearing will be held at 9:30 a.m. in Room 2237 of the Rayburn House Office Building. Witnesses include Dr. Lisa Graumlich, Director, School of Natural Resources and the Environment, University of Arizona, Dr. Chris Field, Director, Department of Global Ecology, Carnegie Institution of Washington, Dr. James McCarthy, Professor of Biological Oceanography, Harvard University, and Dr. James Hurrell, Senior Scientist, National Center for Atmospheric Research.

The Senate Energy and Natural Resources Committee will hold a voting hearing to consider Philip Moeller and Cheryl LaFleur to be members of the Federal Energy Regulatory Commissions. The hearing will be held at 9:30 a.m. in Room 366 of the Dirksen Senate Office Building.

The Senate Committee on Appropriations will hold a hearing to review the FY 2011 budget proposal for Interagency Partnership for Sustainable Communities. The hearing will be held at 9:30 a.m. in Room 138 of the Dirksen Senate Office Building. Witnesses include The Honorable Ray LaHood, Secretary, U.S. Department of Transportation, The Honorable Shaun Donovan, Secretary, U.S. Department of Housing and Urban Development.

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The big news this week comes from outside of the Senate Chamber and hearing rooms - there seems to be progress in the “tri-partisan” climate negotiations being spearheaded by Sens. Kerry, Lieberman, and Graham.  All signs point to an introduction of their climate legislative draft late this week or early next- and their proposal could lead to real breakthroughs on heretofore contentious issues such as off-shore drilling and pricing carbon.  The White House has been quietly meeting with leaders in the environmental and business communities to gauge their support and concerns.  Reports indicate that rather than an economy wide proposal, as championed in the House, the Senate will gradually target various sectors, slowly ratcheting up the price of carbon.

As the legislative branch waits for the introduction of the soon-to-be-called American Power Act, there are some hearings that will likely play a role in the future climate draft.  On Tuesday, the Energy and Natural Resources Committee in the Senate will hear testimony on carbon capture and sequestration legislation.  On Wednesday the House Agriculture Committee will begin the process of updating the Farm Bill with a hearing on the 2012 process where Agriculture Secretary Vilsack will be the lead witness, bio-fuels and greenhouse gas emissions will be central focus of the upcoming legislation.  Other hearings this week will investigate ocean acidification and ways to streamline energy production on Indian lands.

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Congress comes back to work from Spring Recess with the beginning of the week focusing on the Nuclear Summit. Overall the floor is quiet with the House meeting to discuss various research and development projects as well as continuing with budget hearings. The news will most likely be focused on the Senate, mainly John Kerry (D-Mass), Lindsey Graham (R-S.C.), and Joe Lieberman (I-Conn.) as everyone patiently waits to see the Senates draft of the climate change bill. The retirement of Justice Stevens, and the need for hearings on a nominee to replace him, may delay Senate consideration of any climate legislation.

Wednesday, April 14, 2010

The House Select Committee on Energy Independence and Global Warming will hold a hearing entitled, “The Role of Coal in a New Energy Age” where CEO’s of two of America’s top coal mining companies will discuss their positions on climate change, clean energy, and challenges in their industry. The hearing will be held at 9:30 a.m. in Room 210 of the Cannon House Office Building. Witnesses include Gregory Boyce, President and Chief Executive Officer, Peabody Energy Corporation; Steven F. Leer, Chairman and Chief Executive Officer, Arch Coal, Inc.; Preston Chiaro, Chief Executive for Energy and Minerals, Rio Tinto; and Michael Carey, President, Ohio Coal Association.

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After the dramatic passage of health care reform in the House late Sunday night and the expected passage of the reconciliation package in the Senate, Congress’s flurry of activity will end with next week’s Spring Recess.  Senators Lieberman, Kerry and Graham are still on track to release a draft of their climate change and energy independence legislation when Congress returns, and they may outline some of the more high-profile pieces of the legislation this week. Between the health care reform endgame and the completion of most budget testimony, the committees are relatively quiet this week.

Tuesday, March 23, 2010

The Senate Armed Services Committee will hold a nominations hearing for Sharon E. Burke as Director of Operations Energy Plans and Programs. The hearing will be held at 9:30 a.m. in Room 216 of the Hart Senate Office Building.

The Subcommittee of Energy and Commerce will hold a hearing entitled “Oversight of the Federal Energy Regulatory Commission,” where FERC will update the committee on significant changes they have made since the 2005 Energy Policy Act. The hearing will be held at 10:00 a.m. in Room 2322 of the Rayburn House Office Building.

The Committee on Oversight and Government Reform will hold a hearing at 10:00 a.m. in Room 2154 of the Rayburn House Office Building in regard to loan guarantees for nuclear power plants.

The Energy and Water Development Appropriations Subcommittee will hold a hearing tomorrow to discuss the Obama Administration’s FY2011 budget for the Office of Nuclear Energy. The hearing will be held at 2:00 p.m. in Room 2362-B of the Rayburn House Office Building. The witness is Warren Miller Jr., assistant secretary for nuclear energy at the Department of Energy.

A hearing is scheduled by the Senate Energy and Natural Resources Committee to vote on the nomination of Jeffrey Lane to serve as assistant secretary for congressional and intergovernmental affairs at the Department of Energy. The hearing will be held at 10:00 a.m. in Room 366 of the Dirksen Senate Office Building.

Wednesday, March 24, 2010

Energy Secretary Steven Chu will meet before the House Energy and Water Appropriations Subcommittee to discuss the Obama Administration’s FY2011 budget where he will more than likely defend the closure of Yucca Mountain nuclear repository. The hearing will be held at 2:00 p.m. in Room 2359 of the Rayburn House Office Building.

The Senate Committee on Commerce, Science, and Transportation will hold a hearing to vote on an oceans and health bill, which will revamp a research plan with a new focus on global climate change. The hearing will be held at 10:00 a.m. in Room 253 of the Russell Senate Office Building.

Thursday, March 25, 2010

The House Armed Services Strategic Forces Subcommittee will hold a hearing at 1:30 p.m. in Room 2118 of the House Rayburn Office Building to discuss the FY2011 National Defense Authorization Budget Request for the Department of Energy’s atomic energy defense activities. Witnesses include Thomas D’Agostino, undersecretary for nuclear security and administrator for the Department of Energy; John Mansfield, acting chairman of the Defense Nuclear Facilities Safety Board; and Inés Triay, assistant secretary for environmental management for the Department of Energy.

The Energy and Mineral Resources Subcommittee will hold a hearing at 10:00 a.m. in Room 1324 of the Longworth House Office Building to discuss various organizations’ FY2011 budget requests. The budget requests currently under question, leave unclear reasoning whether they will promote or prevent energy production

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The end game on health care reform looms this week.  This past weekend, Sen. Lindsay Graham, the leading Republican engaged in climate change policy, reiterated his belief that bitterness resulting from the reconciliation process on health care made him hesitant about the chances of his “tri-partisan” energy bill.  Still, there continues to be hope that Sens. Graham, Kerry and Lieberman, will release an outline of their proposal before Congress adjourns for the Easter/Passover recess.

This week, the Senate will take up the nominations of various NOAA nominees and the Assistant Secretary of Energy for legislative affairs.  Meanwhile, the House, while waiting for the reconciliation vote, will continue to hold hearing on the President’s energy budget.  The Energy and Water Subcommittee of Appropriations will hear from Assistant Secretary of Energy for energy efficiency and renewable energy Cathy Zoi and Undersecretary of Energy Kristina Johnson on DOE’s energy efficiency budget.  The House Energy and Commerce Committee will hold a hearing in the Energy and Environment Subcommittee on the HomeStar Program-otherwise known as “Cash for Caulkers.”  Later in the week the Energy and Water Subcommittee will again hear from DOE on its advanced energy programs.

Tuesday, March 16, 2010

The House Subcommittee on Investigations & Oversight will hold a hearing on investigating rare earth metals and minerals which are used in many energy technologies.  This hearing will likely cover the research and development opportunities to improve the extract techniques for certain minerals found in the earth’s core. The hearing will be held at 2:00 p.m. in Room 2318 of the Rayburn House Office Building. Witnesses include Stephen Freiman, president, Freiman Consulting; Karl Gschneider Jr., materials science and engineering professor, Iowa State University; Steven Duclos, chief scientist and manager of material sustainability, General Electric Global Research; Mark Smith, CEO, Molycorp Minerals; and Terence Stewart, managing partner, Stewart and Stewart.

The Senate Water and Power Subcommittee will hold a hearing at 10:00 a.m. in Room 355 of the Dirksen Senate Office Building in regards to the Bureau of Reclamation’s study on water usage in the West and how climate change may effect future water supplies. Witnesses include Commissioner Mike Connor, Bureau of Reclamation; Melinda Kassen, director of the Western Water Project for Trout Unlimited, Boulder, Colo.; Dan Keppen, executive director, Family Farm Alliance, Klamath Falls, Ore.; Pat Mulroy, general manager, Southern Nevada Water Authority (representing the Colorado River Basin states), Las Vegas; and Tony Pack, general manager, Eastern Municipal Water District, Perris, Calif.

Wednesday, March 17, 2010

NOAA Administrator Jane Lubchenco will appear before the House Commerce-Justice-Science Appropriations Subcommittee to review the FY2011 budget. The hearing will be held at 10:00 a.m. in Room H-309 of the Capitol.

The House Committee of Science and Technology will hold a hearing entitled “The Future of Manufacturing: What is the Role of the Federal Government in Supporting Innovation by U.S. Manufacturers?” This hearing’s discussions will include the need for greater research in emerging technologies, such as nanotechnology. The hearing will be held at 10:00 a.m. in Room 2318 of the Rayburn House Office Building. Witnesses include Susan Smyth, director of GM’s Manufacturing Systems Research, GM R&D, and chief scientist for manufacturing; Len Sauers, vice president of global sustainability at Procter & Gamble; Debtosh Chakrabarti, president and chief operating officer, PMC Group Inc.; Mark Tuominen, director of National Nanomanufacturing Network; and Wayne Crews, vice president for policy and director of technology studies for Competitive Enterprise Institute.

The House Energy and Water Development Appropriations Subcommittee will hold a hearing on the Department of Energy’s FY2011 Budget focusing on energy efficiency, renewable energy, fossil energy, electricity delivery and energy reliability. The hearing will be held at 10:00 a.m. in Room 2362-B of the Rayburn House Office Building. Witnesses include Kristina Johnson, undersecretary of Energy; Cathy Zoi, assistant secretary for energy efficiency and renewable energy; James Markowsky, assistant secretary for fossil energy; and Patricia Hoffman, director, electricity delivery and energy reliability.

The House Interior and Environment Appropriations Subcommittee will hold a hearing at 3:00 p.m. in Room B308 of the Rayburn House Office Building to discuss the FY2011 budget for the Fish and Wildlife Service, which invests heavily into climate change research and decreases in traditional endangered species programs. Witnesses include Rowan Gould, acting director, Fish and Wildlife Service and Thomas Strickland, assistant Interior secretary for Fish and Wildlife and Parks.

The Senate Energy and Natural Resources Committee will hold a nominations hearing to discuss President Obama’s nominee, Jeffrey Lane, as the Department of Energy’s assistant secretary for congressional and intergovernmental affairs. The hearing will be held at 9:30 a.m. in Room 366 of the Dirksen Senate Office Building.

Thursday, March 18, 2010

The House Committee of Energy and Commerce will hold a hearing entitled, “HomeStar: Job Creation Through Home Energy Retrofits.” The hearing will be at 9:30 a.m. in Room 2123 of the Rayburn House Office Building.

The House Energy and Water Development Subcommittee will hold a hearing on the FY2011 budget for the Department of Energy’s research funding and ARPA-E requests. The hearing will be held at 10:00 a.m. in Room 2362-B of the Rayburn House Office Building. Witnesses include Steven Koonin, under secretary for science, DOE; William Brinkman, director, DOE’s Office of Science; and Arun Majumdar, director, ARPA-E.

The House Committee of Science and Technology will hold a hearing entitled “Geoengineering III: Domestic and International Research Governance.” The hearing will be held at 12:00 p.m. in Room 2318 of the Rayburn House Office Building. Witnesses include Phil Willis, chairman, Science and Technology Committee, U.K. House of Commons; Frank Rusco, director of natural resources and the environment, Government Accountability Office; Granger Morgan, engineering professor and department head, Carnegie Mellon University; Scott Barrett, natural resource economics professor, Columbia University; and Jane Long, principal associate director at large, Lawrence Livermore National Lab.

The Senate Committee on Commerce, Science and Transportation will hold a nominations hearing at 10:00 a.m. in Room 253 of the Russell Senate Office Building. The nominees to oversee ocean policy at the National Oceanic and Atmospheric Administration are Robert Papp Jr., nominee for commandant of the U.S. Coast Guard; Larry Robinson, nominee for assistant secretary of Commerce for oceans and atmosphere; Earl Weener, nominee to be a member of the National Transportation Safety Board; Michael Tillman and Daryl Boness, nominees to be members of the Marine Mammal Commission; and Jeffrey Moreland, nominee to be a director of Amtrak.

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 Again this week, Congress will be focused on the attempt to pass a health care bill, but will also devote time to preparations for passing a budget and the yearly appropriations bills.  While the news media will be focused on the former, the action in Congress will be a parade of Administration officials testifying before Committees about their budgetary needs.  Climate change will likely be discussed in the Science and Technology committee where NOAA Administrator Jane Lubchenco will be testifying on NOAA’s plan for enhanced climate monitoring.

Tuesday, March 9, 2010

The Senate Subcommittee on Superfund, Toxics and Environmental Health will hold a hearing at 10:00 a.m. in Room 406 of the Dirksen Senate Office Building, entitled “Business Perspectives on Reforming U.S. Chemical Safety Laws.”  Witnesses include various chemical industry leaders; Kathy Gerwig, vice president of workplace safety and environmental stewardship officer for Kaiser Permanente; Charlie Drevna, president of the National Petrochemical and Refiners Association; Neil Hawkins, vice president of environment, health, safety and sustainability at Dow Chemical; Beth Bosley, managing director of Boron Specialties, on behalf of the Society of Chemical Manufacturers & Affiliates; Howard Williams, vice president of Construction Specialties Inc.; and Linda Fisher, vice president of safety health and the environment for DuPont.

Wednesday, March 10, 2010

The House Interior and Environment Appropriations Subcommittee will hold a hearing to review the U.S. Geological Survey FY2011 Budget which focuses additional spending on climate change. The hearing will be held at 10:30 a.m. in Room B308 of the Rayburn House Office Building. Witness is Marcia McNutt, director of U.S. Geological Survey.

The House Committee on Science and Technology will  hold a hearing for the proposed FY2011 budget on Research and Development for the National Oceanic and Atmospheric Administration. The discussion will be based around controversial satellite programs for ocean, climate, and environmental sciences. The hearing will be held in Room 2318 of the Rayburn House Office Building at 2:00 p.m. Witnesses include NOAA Administrator Jane Lubchenco and Assistant EPA Administrator Paul Anastas.

The Senate Committee on Commerce, Science, and Transportation will hold a hearing entitled “Advancing American Innovation and Competitiveness” which will discuss the reauthorization of the America COMPETES Act, a bill to boost science and technology development for the United States. The hearing will be held at 2:30 p.m. in Room 253 of the Russell Senate Office Building. 

Thursday, March 11, 2010

The House Interior and Environment Appropriations Subcommittee will hold a hearing at 9:30 a.m. in Room 308 of the Rayburn House Office Building to discuss the FY2011 budget for the Fish and Wildlife Service, which invests heavily into climate change research and decreases in traditional endangered species programs. Witnesses include Rowan Gould, acting director, Fish and Wildlife Service and Thomas Strickland, assistant Interior secretary for Fish and Wildlife and Parks.

Energy Secretary Steven Chu will appear before the House Energy and Water Appropriations Subcommittee to defend the FY2011 Department of Energy Budget. The hearing will be held at 10:00 a.m. in Room 2359 of the Rayburn House Office Building.

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With health care, jobs, and electoral politics dominating the legislative calendar, it is no surprise that environmental legislation is languishing in Congress.  The Administration’s response, however, is raising eyebrows.  While endorsing legislation authorizing greenhouse gas regulation and chemical control reform-both likely to shape the future cleantech industry-the Administration is not waiting for Congress to act. On climate policy, months before the House of Representatives passed its cap-and-trade bill, EPA had signaled its intent to revisit the Bush Administration’s denial of California’s waiver request to impose emission standards on new vehicles, issued a proposed endangerment finding for CO₂ under the Clean Air Act and proposed mandatory greenhouse gas regulations for large stationary sources.  Today, as the Senate remains gridlocked on climate change legislation, EPA has finalized its endangerment finding, granted California’s waiver, issued final GHG reporting requirements and proposed the mechanism by which it will impose permitting requirements on stationary sources releasing CO₂.

EPA has taken an equally aggressive approach to chemical control reform.  Early on, EPA Administrator Lisa Jackson identified legislative reform of the Toxic Substances Control Act (TSCA) as a top priority, even offering principles to guide legislative efforts.  With a Democrat in the White House, Democratic majorities in both chambers, several round of hearings in the record, and the likelihood of a legislative proposal in the near future, TSCA reform is more likely this congressional session than ever before.  Yet, the prospect of legislation has not prevented EPA from announcing an ambitious range of proposals under its existing (and often maligned) TSCA regulatory authority.  Invoking TSCA’s seldom-used section 6 authority, EPA announced plans to ban or restrict a variety of existing chemical uses deemed to pose unreasonable risks.  EPA also announced plans to increase the testing and data reporting requirements for other industrial chemicals and materials; and adopted a narrower interpretation of TSCA’s confidentiality provisions to increase public access to business information previously claimed as confidential by manufacturers. 

Congress’ reaction to EPA’s initiatives has been mixed.  Some lawmakers in both parties expressed concern over EPA’s regulatory climate proposals, prompting Lisa Jackson to lengthen the implementation time frames for some of EPA’s climate regulatory actions.  Others see EPA’s action as an effective stick to force legislative compromise.  Lawmakers have said little, however, about EPA’s recent efforts to reassert its current TSCA authority-indeed, the most recent hearing on TSCA reform was notable not for its discussion of chemical control policy but for the heated rhetoric surrounding the so-called “ClimateGate” issue that dominated the question and answer period.

Congress will have another opportunity to explore EPA’s regulatory strategy during hearings scheduled this week.  On Wednesday morning, Lisa Jackson will testify before the Senate Interior and Environment Appropriations Committee regarding EPA’s 2011 climate change budget.  On Thursday, March 6, EPA officials will testify before a House Energy and Commerce Subcommittee on TSCA’s role in regulating persistent and toxic chemicals.  These hearings may shed light on whether EPA will be able to sidestep, or be halted by, the political battles engulfing environmental legislation in Congress.

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