Edition 2- October 10, 2008
Brought to you by your friends at the Capitol Chapter
Covering actions of note occurring in the states of Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina and the Federal government.
Congress Delays Finalization of Fiscal Year 2009 appropriations
During the final days of the 110th Congress lawmakers passed a Continuing Resolution (CR) that will provide funding for federal agencies and government programs in fiscal year 2009. The legislation approved by the Congress will continue to provide funding at levels authorized in fiscal year 2008 through March 6, 2008.
The CR surfaced quickly in the Congress with the measure being introduced late on Tuesday, September 23, 2008, followed by consideration in the House of Representatives on Wednesday, September 24, 2008. This caused great consternation among House Republicans who decried that Democratic leadership was attempting to pass the CR without proper vetting and review.
The House spent the better part of the day Wednesday debating the measure, followed by the bill’s ultimate passage by a roll call vote of 370-55. The Senate had yet to consider the bill by the writing of this update however it was expected the Upper Chamber would approve the bill without amendment. The White House was also expected to sign off on the bill without fanfare to avoid a shutdown of the federal government.
The CR is not only notable for what it did include but also for what it did not as the legislation did not include an extension of the 23-year-old provision banning offshore oil drilling on the Atlantic and Pacific coastlines of the United States (see below article).
Once enacted into law, and cleared by the Office of Management and Budget, funding will continue to flow to the federal agencies at levels approved in the fiscal year 2008 consolidated appropriations act, thus resulting in government agencies being able to continue to provide funding for projects it has been actively involved in during the current year.
The passage of the CR means a lame-duck session will be avoided and lawmakers will likely not return to the Capitol until the conclusion of the November election and the beginning of the 111th Congress.
This means that finalization of this year’s appropriations process will occur under a new president. While end-game scenarios remain largely unknown it is expected that a McCain presidency will result in the passage of a yearlong CR and an Obama presidency could result in the further consideration of individual fiscal year 2009 appropriations bills.
The major government agency tasked with protecting the nation’s oceans is the National Oceanographic and Atmospheric Administration (NOAA). They received the following funding levels in fiscal year 2008 for programs of critical import. Funding will continue to be allocated proportionately under the below levels for the next 6 months:
CZM Grants - $64.4 million; Coastal Nonpoint Pollution-$3.9 million; NERRS $16.4 million; NERRS Construction $7 million; OCRM Administration $6.7 million; National Marine Sanctuaries $46.8 million; Marine Protected Areas $1.4 million; Coastal Services Center $23.4 million; Coral Reef Conservation $29.3 million; Sea Grant $57.1 million; Coastal and Estuarine Land Protection Act $8 million
Congress Fails to Extend Offshore Oil Drilling Moratorium
In what can only be seen in the short-term as a major victory for congressional Republicans the U.S. Congress failed to extend a continuation of the offshore oil drilling moratorium along the Atlantic and Pacific coasts which had been in place for over two decades.
The moratorium, which expired on September 30, became a hot-button political item as congressional Republicans, under the cover of White House support, pressed aggressively to have the moratorium lifted in the face of increasing public support of lifting the ban and ever-rising petroleum prices. Prior to the recent surge in oil prices the ban had been renewed yearly in the Interior, Environment and Related Agencies Appropriations bill dating back to 1982.
Despite the ban’s expiration it is expected that no new drilling activity will occur before Congress has a chance to revisit the issue during the 111th Congress. According to the Department of Interior’s Mineral Management Service, the federal entity in charge of implementing any offshore drilling, the process of completing environmental reviews, holding lease sales, conducting geological studies, and building associated infrastructure could take 5 to 10 years before any new drilling could begin.
“The ban will expire, but nothing is going to happen for a while,” said Representative Harry Waxman (D-CA) when commenting on the matter. “We’re going to work with the next President to get it reinstated.”
The bans covered the Atlantic and Pacific coasts and part of the eastern Gulf of Mexico. However, leasing will remain banned within 125 miles or more of Florida's Gulf shores until 2022. That extended ban was part of a 2006 law that opened more than 8 million acres of the gulf acreage to new leasing.
The ability to reinstate the ban during the next Congress is in doubt and depends greatly on the appetite of Congress, the will of the American people and the occupant of the White House following the November elections.
Republican nominee John McCain (R-AZ) has been stumping for the increased use of offshore oil drilling as part of his campaign and would likely not entertain the reinstatement of the ban in its previous form. Democratic nominee Barack Obama (D-IL) would likely be more amenable to a reinstatement in its previous form however he also said he is willing to expand the use of offshore drilling as part of a larger comprehensive energy package.
At the same time key congressional allies have begun entertaining the idea of tapping into the nation’s oil reserves off the coastline. Among them is Chairman of the House Natural Resources Committee Nick Rahall (D-WV) who sponsored a bill that would have allowed drilling off the Atlantic and Pacific coasts with certain restrictions in place.
However one key ally, Senator Dianne Feinstein (D-CA)--Chairman of the appropriations committee which funds the Department of Interior--remains adamantly opposed to new drilling occurs along the nation’s coastline.
"I think it's awful. This battle is not over. We will come back and fight another day--that's for sure," said Sen. Feinstein.
Many congressional observers and policy experts believe that given the shift in public opinion, the strain on our nation’s energy resources, and the fact Congress will not be facing an election make it likely that this item will be revisited upon the Congress’s return in January.
The Surfrider Foundation is adamantly opposed to the lifting of the moratorium and has informed Congress of this position through letters provided to congressional leadership. The foundation also maintains a blog on the issue located at http://oilonthebeach.blogspot.com/
Federal Government: Executive Branch
Federal Agencies Map Plans to Address Marine Debris
The EPA, NOAA, and nine other federal agencies announced during September the completion of an interagency report that will guide the strategies of individual federal agencies and of the Interagency Marine Debris Coordinating Committee (IMDCC) to prevent and reduce marine debris occurring in the nation’s oceans. The report also discusses marine debris efforts, recent progress, and innovative ways to reduce the problem in the future.
The report, written by IMDCC at the request of Congress, focuses on marine debris sources, impacts, and strategies and represents another step in implementing recommendations called for in the president's Ocean Action Plan.
Marine debris, which includes improperly discarded plastic grocery bags, bottles, ropes, tires, soda rings and lost fishing gear, is found in the ocean and along coasts around the world. Marine debris threatens public safety, hurts the economy with costly cleanups and deterred tourism, and harms and kills marine life such as seals, sea turtles, sea birds, and coral reefs.
"Marine debris is a serious problem that is jeopardizing the health of the oceans across the planet," said Navy Vice Admiral Conrad C. Lautenbacher Jr., Ph.D., who recently resigned as Undersecretary of Commerce for Oceans and Atmosphere and NOAA administrator. "It is, however, a problem that we can address by working together. Marine debris exists because of human activities and thus we are ultimately the solution. This report is a significant step in the right direction."
"Ocean trash is a tragedy that can be prevented locally and globally,” said Benjamin H. Grumbles, EPA assistant administrator for water. “The Administration’s plan increases awareness and action so citizens and governments protect the health and beauty of our ocean and coasts upstream, at the beach, and in the deep blue sea.”
The recommendations in the IMDCC’s report focus on prevention, response to debris already in the environment, research and development, and coordination. While several agencies currently conduct marine debris activities, further actions are being developed by the IMDCC and individual agencies to further implement the recommendations. The IMDCC and its member agencies will focus activities on supporting efforts to change public attitudes and practices, research to understand the full effects of marine debris and ways to reduce its negative impacts.
The IMDCC is co-chaired by NOAA and EPA. Federal agencies that are also members include Department of Interior programs including the U.S. Fish and Wildlife Service, National Park Service and the Minerals Management Service; as well as the Department of Justice, Department of State, Marine Mammal Commission, U.S. Coast Guard, U.S. Navy, and U.S. Army Corps of Engineers.
The report provided by the IMDCC to Congress can be viewed online at http://ocean.ceq.gov/about/sup_simor_addl_acts.html
Smithsonian Opens Ocean Exhibit to Celebrate Marine Environment
The Smithsonian Institute has partnered with NOAA to open the Sant Ocean Hall at the Smithsonian Institution’s National Museum of Natural History. The exhibit combines 674 marine specimens and models, high-definition video experiences, one-of-a kind exhibits, enabling visitors to explore the ocean’s past, present, and future. The hall is the museum’s largest renovation since opening in 1910.
The Sant Ocean Hall was created in partnership with the National Oceanic and Atmospheric Administration (NOAA) to show the ocean as a global system that is essential to all life on Earth. The exhibition refers to ocean in the singular because the ocean is one huge, interconnected body of water that spans several basins.
Several hundred NOAA scientists and outreach specialists contributed to the Hall’s exhibit development, which began in 2003. NOAA contributions can be fou
nd throughout the Hall, with NOAA technology on display in two major components: Science On A Sphere™ and the Ocean Today Kiosk.
NOAA’s Science On A Sphere™ gives visitors a view of the planet from 22,000 miles up in space, where they will see ocean and atmospheric processes displayed across a spinning globe and understand why Earth is called “the blue planet.”
The NOAA Ocean Today Kiosk will take visitors outside the bounds of the museum through ever-changing news and feature videos. Through this experience, visitors can travel onboard a fishing vessel, dive down to the deepest reaches of the sea, learn about the latest ocean science developments, see video of rare sea critters and underwater volcanoes, or learn about marine debris or historical shipwreck discoveries.
Phoenix, a 45-foot model of a living North Atlantic Right Whale, serves as the Hall’s signature symbol. There are 10 sections in the hall that address a variety of ocean-related topics, including the deep ocean, coral reefs, the Arctic and Southern Oceans and current ocean research. The Coral Reef section has a 1,500-gallon aquarium featuring an Indo-Pacific reef with over 1,000 specimens of more than 50 different species of live fish and other marine life.
Other exhibits likely to be popular include two of the largest giant squids on display in the United States; “Ocean Odyssey,” a high-definition film by renowned underwater cinematographer Feodor Pitcairn; and the only exhibit anywhere in the world of both an adult coelacanth and its pup. This prehistoric fish was thought to have gone extinct 65 million years ago, until a fisherman caught one off the coast of South Africa in 1938.
Around the States…
Stricter Controls Drafted for Montgomery Co. Runoff
During the month of September Maryland environmental officials proposed tougher pollution controls on Montgomery County’s stormwater runoff plan in an effort to restore the health of the Chesapeake Bay and its watershed.
State of Maryland environmental regulators have drafted a new stormwater permit that would require Montgomery County to do more to filter and reduce runoff from developed areas.
Stormwater runoff represents the most significant threat to the health of the area’s waterways and further downstream in the Chesapeake Bay as it carries sediment, trash, and pollutants directly into the region’s watershed.
Depending on the origin of the runoff the waters could carry such troublesome pollutants as nitrogen and phosphorous which have had drastic effects on the aquatic species that call the Chesapeake home.
Under the proposed new regulations, builders would be required to use low-impact, environmentally friendly designs for stormwater management and the suburban Washington, D.C., county would be required to be more aggressive in capturing, cleaning up, and reducing runoff from developed areas such as shopping malls that are without modern stormwater controls.
Legislation that O'Malley signed into law last year already requires developers to make use of "green roofs," "rain gardens" and other methods of soaking up and filtering rainwater with vegetation and landscaping.
County officials, who worked closely with state environmental officials on the permit, also would be required to come up with a plan to implement a regional agreement to eliminate trash pollution in the Potomac River and its tributaries by 2013.
Md. Seeks to Improve Chesapeake by Regulating Manure
In an effort to reduce the amount of nutrients flowing directly into the bay--which contribute greatly to hypoxic zones--the Maryland Department of the Environment proposed creating rules that would limit where, how, and for how long chicken farmers in the state can store excess manure outdoors.
The proposed rules would also authorize state inspectors to investigate poultry farms without announcement. Under the new rules, inspectors from the Department of Environment could arrive at any time and check around the farm itself. Environmentalists and scientists have said previously that this kind of inspection would be vital to ensuring that farmers followed the law.
While an ongoing debate has occurred between the state’s chicken farmers and pro-environment groups in the past the manure storage practice is thought to be a significant point of origin for nitrogen that reaches the bay through runoff.
Computer models of the bay's pollution indicate that poultry manure accounts for as much of the pollutant nitrogen as all the septic systems in the bay's watershed. Poultry waste accounts for 5 to 7 percent of the pollution that causes "dead zones" in the bay.
The proposed rules must now go through the public vetting process which will include public hearings on November 10, 12 and 13. For more information on the vetting process visit http://www.mde.state.md.us/Permits/WaterManagementPermits/cafo.asp
Changes to Chesapeake Bay Cleanup Plan Approved
Representatives of the Chesapeake Bay states and the U.S. Environmental Protection Agency tentatively agreed to more than double the rate of Bay cleanup over the next decade, while at the same time proposing to push the deadline for improvements back to 2020.
Information provided to the group by the Chesapeake Bay Foundation indicates that actions taken by the Bay states are currently on a trajectory of reaching the deadline by 2040--three decades after the original goal of 2010.
The proposed 2020 timeline came after Maryland, Virginia, the District of Columbia, Pennsylvania and the federal government last year agreed they will not meet their original goal, set in 2000, of cleaning up the Bay by 2010.
The new deadline of 2020 came despite the objections of Pennsylvania, whose representative said that with new computer modeling coming next spring, setting any end date for achieving necessary pollution reductions would be speculative.
The advisory group that approved the changes is is made up of 26 environmental officials and others from Maryland, Virginia, Pennsylvania, the District of Columbia, the U.S. Environmental Protection Agency, and the Chesapeake Bay Commission. The group is formally known as the Chesapeake Bay Principals’ Staff Committee.
The committee’s advice will be passed on to the governors of the Bay states, as well as the mayor of Washington DC, the administrator of the U.S. EPA, and the chair of the Bay Commission. These top officials will consider the new deadline in a meeting of the Chesapeake Bay Executive Council scheduled for Nov. 20.
PA Upgrades Infrastructure to Reduce Bay Pollutants
The Pennsylvania General Assembly and Gov. Ed Rendell earlier this year approved bills that could make up to $1.2 billion in new funding available for infrastructure improvements, including wastewater treatment plant upgrades in the Bay watershed.
One bill, sponsored by Sen. Jane Earll (R-Erie) provides $850 million in funding for drinking water and wastewater plant improvements, flood protection projects, and high-hazard dam repairs.
A second bill, sponsored by Sen. Ray Musto (D-Luzerne), authorizes a $400 million bond issue referendum on the November ballot to fund drinking water and wastewater projects.
The grants, and loans stemming from these measures, could help local governments deal with the $1 billion cost of upgrading 184 plants to meet Bay cleanup goals. The tab associated with the upgrades had outraged local officials, who complained they were getting no state assistance, unlike their counterparts in Maryland and Virginia. More than 70 have joined in a suit against the state.
“These funds will help alleviate some of the burden community’s face as they undertake costly upgrades to comply with federal and state requirements to reduce nitrogen and phosphorus loadings to local streams and the Chesapeake Bay,” said John Brosious, deputy director of the Pennsylvania Municipal Authorities Association.
The Chesapeake Bay Foundation estimated the actions would make $500 million available to provide a 50 percent match for sewage treatment plant upgrades in the watershed.