Old v. New Congress

1. Old v. New Congress • Old Congress: Few environmental hearings, dominated by industry lawyers and lobbyists • New Congress: 19 environmental hearings so far, featuring scientists and experts

2. Climate Change: 13 Hearings to Date • Impacts, e.g. on coastal, low-income communities • Actions needed: long & short initiatives and research priorities

3. Other Hearings: Enforcement, Science, Public Health • Declining enforcement of environmental laws • Perfluorinated chemicals in drinking water • Failure to protect workers from asbestos exposure • Elimination of chemical risk assessment, “freezing” of online risk data • U.S. Science & Technology • EPA 2020 Budget

4. Use Congressional Oversight to: • Hold EPA and other agencies accountable for implementing laws that protect public health • Rebuild public support for environmental science in general, climate science in particular • Develop record for big initiatives in next Administration • Use record to secure modest improvements through “must pass” bills, especially Appropriations

5. Possible Near-Term Initiatives • Rebuild EPA and other agency budgets for science and enforcement; • Cut off funding for environmental rollbacks adopted without public notice and comment; • Restore key reporting functions, e.g., require National Wetlands Inventory to be updated every five years; • Schedule hearings on impact of oil and gas expansions on air and water quality; • Require IG audit of Science Advisory Board industry ties; • Require witnesses at Congressional hearings to disclose funding from regulated industries.

6. FY 2018 EPA Appropriations Bill (HR 1625) • Enacted by Congress (3/23/2018) • SEC. 417. – Prohibiting EPA from requiring Title V Clean Air Act permits for the emissions carbon dioxide, nitrous oxide, water vapor, or methane resulting from biological processes associated with livestock production. • SEC. 418. – Prohibiting use of funds for the implementation of any rule requiring mandatory reporting of GHG emissions from manure management systems. • SEC. 428. – Requiring EPA to treat air emissions from forest biomass as carbon neutral, consistent with current law. • SEC. 430. – Prohibiting EPA from requiring Clean Water Act permits for certain agricultural practices, consistent with current law.

7. FY 2018 EPA Appropriations Bill (HR 3354) • Approved by U.S. House of Representatives (9/14/2017) • SEC. 431. – Authorizing withdrawal of the Waters of the United States Rule without regard to any provision of statute or regulation that establishes a requirement for such withdrawal. • SEC. 432. – Delaying submission of State Implementation Plans for the national ambient air quality standards for ozone until 2024. • SEC. 433. – Prohibiting use of funds to enforce a rule for financial responsibility under CERCLA (Superfund). • SEC. 434. – Prohibiting use of funds to implement any regulation under the SDWA to animal feeding operations. • SEC. 448. – Prohibiting EPA from hiring scientific experts using Title 42 special pay authority.

8. FY 2018 EPA Appropriations Bill (HR 3354) • Approved by U.S. House of Representatives (9/14/2017) • FY 2018 EPA Appropriations Bill (HR 3354) • Approved by U.S. House of Representatives (con’d) • SEC. 450 – Prohibiting EPA from using funds to require the notification of release of hazardous animal waste from farms under subsections of CERCLA and EPCRA. • SEC. 456 – Prohibiting EPA from implementing Section 115 of the Clean Air Act, which seeks to prevent or eliminate pollution originating in the United States but endangers communities across international borders • SEC. 461 – Prohibiting funds to pay legal fees under the Clean Air Act, Clean Water Act, and Endangered Species Act. • SEC. 463 – Prohibiting funds to implement the Social Cost of Carbon rule.

9. Enforcement Workforce at EPA

10. A tank farm owned and operated by Intercontinental Terminals, in Deer Park, TX, exploded into flames on March 17, releasing various hazardous chemicals into the air. The fire burned for three days. Source: https://bit.ly/2VwpHd4 Intercontinental Terminals (Deer Park, TX)

11. On April 2nd, the KMCO plant in Crosby, TX caught fire. The fire was started in a tank that contained isobutylene, a colorless, flammable gas, but spread to the surrounding areas within the facility. After five hours, the fire was contained, but not extinguished. Source: https://nbcnews.to/2uYASjb KMCO (Crosby, TX)

12. US Steel’s Clairton coke plant caught fire on Dec. 24th due to mechanical failure and in order to continue operations, US Steel routed excess coke gas to one of its facilities downriver, Irvin Works, to be burned off through flares. The flaring still continues, releasing tons of sulfur dioxide into the surrounding communities. US Steel, Irvin Works (Mon Valley, PA) Source: https://bit.ly/2WLR438