Water rule shows overreach

Grand Forks (N.D.) Herald

Monday July 27, 2015

Right now, federal Environmental Protection Agency and Army Corps of Engineers officials likely are wondering whether they overreached, as they survey the extraordinary outpouring of anger and lawsuits that have arisen over its new Waters of the U.S. rule.

Well, with a bow to Jeff Foxworthy’s famous “You might be a redneck” routine, here’s a guide for the officials as they make up their minds.

If 28-plus states sign on to lawsuits challenging your attempt to expand federal regulatory authority under the Clean Water Act … you might have overreached.

If all 28 of those states joined the lawsuits within a week of your agencies’ releasing their final rule … you might have overreached.

If the list of organizations that are suing has grown to include the U.S. Chamber of Commerce (the world’s largest business lobby), National Federation of Independent Business, National Association of Manufacturers, National Association of Homebuilders and American Farm Bureau Federation, plus dozens of others; and if more than 200 other groups also have come out strongly against the rule … you might have overreached.

If the original Clean Water Act passed Congress with overwhelming bipartisan support, but the new rule now is generating significant bipartisan opposition and rollback proposals … you might have overreached.

If National Law Review attorneys looked closely at the rule’s language and weighed the federal agencies’ reassurances, but wound up agreeing with the critics that the rule’s “categories of ‘tributaries’ and ‘adjacent waters’ are still considered to expand the waters that are per se jurisdictional, despite the agencies’ contentions” … you might have overreached.

If that jurisdictional expansion could, in other words, apply to ditches and ponds, which would mean farmers would have to get federal permits to apply fertilizers and pesticides … you might have overreached.

If Red River Valley homeowners also could be affected, because most of the valley is a floodplain, and the new rule expands the Clean Water Act’s reach to include water features — presumably including puddles — that occur on floodplains … you might have overreached.

By the way: “If a feature on your property is jurisdictional (remember, it might not even look like “water” most of the time), you will be generally prohibited from doing any-

thing that causes pollutants (including dirt, dust, “biological materials” or chemicals) to fall or be placed into that feature from any conveyance (which could be a nozzle, shovel, plow or most anything else),” as a document from the American Farm Bureau Federation states.

Last but not least: The Herald’s editorial board takes pride in supporting most environmental causes. But if your action has generated such nationwide resentment, uncertainty and anger that even the Herald is calling for a do-over … you might have overreached.

And you can scratch the “might” if these conditions keep adding up.

Editor’s note: This editorial originally appeared in the Grand Forks (N.D.) Herald. The Herald and Agweek are owned by Forum Communications Co.

U.S. Sen. Jim Inhofe said Monday he has obtained information that indicates the Army Corps of Engineers was largely or entirely excluded from developing controversial revisions to the Waters of the U.S. rule, commonly known as WOTUS.

WOTUS is a big deal in some circles because of suspicions it will expand the scope of federal water regulation. The revisions were proposed by the Corps and the Environmental Protection Agency, but Inhofe said he now believes the EPA is almost wholly responsible.

In a letter to Jo-Ellen Darcy, assistant secretary of the Army for Civil Works, Inhofe says he "was surprised to learn that, even though the rule was purportedly a joint effort of EPA and the Corps, it appears that the Corps did not receive the draft final rule until EPA submitted it to interagency review on April 3, 2015, and according to (an) April 27, 2015 memorandum to you, ’the process followed to develop it greatly limited Corps input.'” 

Inhofe has asked Darcy to confirm his interpretation of the memorandum and other documents provided the Environment and Public Works Committee, which Inhofe chairs.

Splitting the Corps from the EPA on the waters rule would not only help Inhofe in his campaign against the EPA and WOTUS, but would insulate the Corps from some of the fallout. 

Inhofe has a more charitable view of the Corps, which has a district office in Tulsa and administers the McClellen-Kerr Arkansas River Navigation System as well as most of the state's major lakes and flood control projects.

 

To read the full text of today’s letter, click here

To read the July 6, 2015 letter, click here

ICYMI: Earlier today, House Majority Leader Kevin McCarthy (Calif.-23) announced that the U.S. House of Representatives will not take up the Senate’s six-year highway reauthorization bill entitled the Developing and Reliable and Innovated Vision for the Economy (DRIVE) Act. U.S. Sen. Jim Inhofe (R-Okla.), chairman of the U.S. Senate Environment and Public Works (EPW) Committee, responded to this statement on the Senate floor. Watch his remarks and read the transcript below.

Remarks as Prepared for Delivery:

 

“There are still some uncertainties with the transportation reauthorization bill. The DRIVE Act is a bill that I am very proud to be the author of. The last long-term bill we had  was in 2005 and I was privileged to be the author of that bill as well.”

“At that time I was working very closely with a fellow member that’s the least likely to be working with me on anything. In fact, by her own admittance Sen. Boxer is a very proud liberal and I’m a very proud conservative, but we do agree that there’s that old worn out document that no one reads any more called the Constitution. It tells you what we’re supposed to be doing here and it says defend America and build roads and bridges. “

“So that’s what we’re doing and that’s what this is all about.”

“Today we got a disturbing message from the House about an hour ago that they won’t take up the DRIVE Act. We’re going to pass this bill but they say they’re not going to take it up.”

“Now that means that there is a dilemma because at the end of this month there is no longer any money in the highway trust fund and things will just stop. So I don’t know whether their intention is to give a short-term extension and go home. I still think brighter minds will prevail and they’ll realize that what we have here is a long-term, a six-year highway reauthorization bill. “

"The things that you can do in this country, you can’t do with short term extension. Yesterday I listed many of the bridges that are in really terrible shape and the fact that you cannot address those problems unless we pass a long term highway reauthorization bill.” 

Ahead of a rare Sunday Senate session planned to consider an expiring highway and transit bill, the Republican party is pushing for a long-term overhaul in transportation funding.

"There is no such thing as a Republican road or a Democrat road," Sen. Jim Inhofe, R-Oklahoma, said in a video Saturday. "This issue always transcends the political fights in Washington because funding our nation's transportation system is our constitutional responsibility."

Transportation funding has long plagued Congress, and the legislative body has for years passed short-term extensions to patch the budget gaps.

"This has resulted in highway dollars being spent only on maintenance and basic tasks like filling potholes," the chair of the Senate Environment and Public Works Committee said. "We have slowed building projects and stopped modernizing. Today, 54 percent of America's major roads are rated poor or mediocre."

The six-year Drive act, co-sponsored by California Democratic Sen. Barbara Boxer, would replace the current highway authorization bill, due to expire July 31. If time runs out, the Department of Transportation would fail to process promised highway and transit aid payments to states.

Senate Majority Leader Mitch McConnell, R-Kentucky, voiced his support of the bill Thursday, saying it would fund roads, highways, and bridges "for longer than any transportation bill considered by Congress in a decade."

"And the highway proposal will do so without increasing taxes or adding to the deficit, and that's no small achievement," McConnell said.

A few controversies still remain over the bill, including the possibility of adding language that would reauthorize the Export-Import Bank or defund Planned Parenthood.

Inhofe, however, remains optimistic.

"We have a new congress and a new Republican majority and it's time for this trend to end. The Drive Act is a solution," Inhofe said. "It's the solution, a bipartisan solution. It provides the need long-term funding certainty so that the major reconstruction projects can get off the ground."

In his own video, President Obama touted the success of his administration's Wall Street reforms as Dodd-Frank's five-year anniversary approaches.

"Wall Street Reform turned the page on the era of 'too big to fail,'" Mr. Obama said Saturday. "Now, in America, we welcome the pursuit of profit. But if your business fails, we shouldn't have to bail you out. And under the new rules, we won't - the days of taxpayer-funded bailouts are over."

The legislation has allowed the White House "to crack down on some of the worst types of recklessness that brought our economy to its knees," the president said, and added that it has also given rise to the Consumer Financial Protection Bureau, an independent oversight group dedicated to safeguarding Americans from predatory financial practices.

Some Republicans have called for the repeal of Dodd-Frank, and financial industry-backed legislation meant to temper the massive 2010 reform package have taken the stage in recent months.

"None of this has been easy. We've had to overcome fierce lobbying campaigns from the special interests and their allies in Congress," the president said. "And if any bill comes to my desk that tries to unravel the new rules on Wall Street, I will veto it."

EPW Republicans Rally Behind DRIVE Act

See what Inhofe and other EPW Republicans have had to say about DRIVE Act

Sunday July 26, 2015

ICYMI: The Developing a Reliable and Innovative Vision for the Economy (DRIVE) Act, which passed out of Senate Environment and Public Works Committee with bipartisan unanimous support, hit the Senate floor last week. EPW Chairman, Sen. Jim Inhofe, delivered this week’s GOP Address on the DRIVE Act, urging his colleagues in Congress to support this important legislation. 

See what Inhofe and other EPW Republicans have had to say about the bill: 

Sen. Jim Inhofe (R-Okla.) – EPW Chairman

@JimInhofe

@EPWRepublicans:

Inhofe Delivers Weekly GOP Address on DRIVE Act

DRIVE Act Modernizes America’s Infrastructure, Transportation System

It Can’t Wait

Inhofe on Senate Floor: Deteriorating Bridge Conditions Nationwide

Inhofe on Senate Floor: Eisenhower’s Vision for the Highway System

Inhofe on Senate Floor: Freight Mobility and Freight Bottlenecks

Inhofe on Senate Floor: Why DRIVE

Inhofe and McConnell Announce Agreement on 6-Year DRIVE Act

 

Sen. Shelley Moore Capito (R-W.V.)

@SenCapito:

WVNS-TV: Capito Discusses Long-Term Transportation Bill

Capito on Senate Floor: DRIVE Act Need to Advance Critical Highway Projects

 

Sen. Roger Wicker (R-Miss.)

@SenatorWicker

Wicker in Picayune Item: Highway Bill Key to Critical Upgrades, Economic Growth

Sen. Deb Fischer (R-NE)

@SenatorFischer:

Fischer: DRIVE Act Will Increase U.S. Competitiveness

Columbus News Team: Fischer Hopeful of Bipartisan Highway Bill’s Chances

The transportation group Trip released a report on Thursday placing Oklahoma City as the 16th worst in the nation for road conditions and the 5th worst when it comes to the cost drivers incur when traveling on our roads.

Today Oklahoma U.S. Senator Jim Inhofe took a broader and bipartisan approach to the issue to usher in support for the Drive Act, which he says would help the transportation system throughout the country.

"There is no such thing as Republican road or Democratic road, this issue always transcends the political fights in Washington," Senator Inhofe said.

Senator Inhofe pointed to the work of President Dwight D. Eisenhower who signed the Federal Aid Highway Act of 1956.

The bill created more than 40,000 miles of highways but only had a 50 year life span.

"Maintaining Eisenhower's vision of economic opportunity, strength and defense requires a continued partnership between the federal government and the states," Senator Inhofe said.

Political pundits say House leaders of both parties don't have high hopes for the bill which would authorize funding for six years.

But Senator Inhofe maintains a long term solution is what is needed and that this is the first step in the right direction.

"Since 2099 congress has passed 33 short term patches this has resulted in highway dollars being spent only on maintenance and basic task like filling pot holes," Senator Inhofe said.

How scary are the chemicals around you?

CNN Opinion

Friday July 24, 2015

Chemicals are a ubiquitous presence in our lives. Given this reality, most Americans are astonished to find out how little we truly know about many chemicals' effect on human health.

Chemicals are all around us -- in our homes, our workplaces, our schools and the environment. They're fundamental to items as complex as our automobiles and computers and as simple as a scented candle. They play a central role in medical equipment and keep our clothes from wrinkling and staining.

    Yet, of the over 80,000 chemicals in major production and use, only a tiny fraction have ever been studied thoroughly for their effects on human health.

    It's time for that to change.

    Congress is working on a major overhaul of the antiquated Toxic Substances Control Act. First passed in 1976 to establish an initial framework for regulating chemicals, TSCA has undergone no meaningful changes for nearly 40 years.

    Since this law was first passed, the Cold War ended, the Internet was created and the human genome was mapped. But TSCA did not change. As a result, thousands of chemicals entered commerce with little or no information available about their long-term effects.

    In recent decades, the presence of chemicals in household products, consumer goods, building materials, furnishings, transportation and even sporting goods has increased dramatically. That means that the average individual, whether adult or child, is coming into contact with hundreds of chemicals throughout each day.

    Even fewer have been studied to determine whether they affect the health of vulnerable groups such as pregnant women and young children.

    Research studies have shown that many chemicals can be detected in blood and breast milk, but without a proper regulatory system, there is no way to be sure that the chemicals being used are safe at their levels of exposure. For many decades, our federal laws have been allowed chemicals to be used widely despite a lack of strong evidence demonstrating their safety.

    This lack of knowledge has profound implications for human health.

    Today, we have no way of knowing which chemicals are safer or more dangerous for expectant mothers or young children.

    In some studies, certain chemicals have been associated with higher risks of birth defects, preterm birth, low birth weight and other poor pregnancy outcomes. But we don't fully understand if certain chemicals or products should be avoided or which ones would be safe substitutes. Parents are keenly interested in knowing whether toxic chemicals are in the products they purchase for their families, but we don't know enough to advise them how to protect their and their children's health appropriately.

    We can and must do better.

    The bipartisan legislation under consideration in the U.S. Senate would leave behind the weak, failed TSCA framework and establish a modern chemicals regulation, taking advantage of the latest technology and research. This bill would direct the Environmental Protection Agency to prioritize evaluation of those chemicals already suspected to pose a higher risk, and to collect information about their impact on all groups, especially on vulnerable populations such as pregnant women and children.

    The TSCA reform bill would ensure that chemicals are evaluated, and that any appropriate restrictions are put in place through a timely, deliberate process. Moreover, states are enlisted in co-enforcing the EPA rules and given flexibility in many cases to impose their own safety standards.

    We have a long way to go in catching up on 40 years of inaction, and we cannot afford any further delay. Congress should pass TSCA reform speedily, and President Barack Obama should sign it into law, so that scientists, manufacturers and the EPA can protect the public health under a sensible, meaningful chemicals regulation law.

    It can't wait

    Friday July 24, 2015

    It can’t wait.

     

    Since 2009, Congress has passed 33 short-term extensions to “fund” the maintenance and modernization of our nation’s roads and bridges. This pattern is Washington's pothole stimulus where lack of long-term funding certainty has left states to only accomplish short-term patch work. This trend is wasting taxpayer dollars, and as a result our economy is sputtering; bridges are crumbling; modernization is stalling; and the cost of household goods are rising. Americans deserve better andaccording to a recent AP poll, the majority of us want better.   

     

    On July 31, construction on our nation’s infrastructure will come to a grinding halt if Congress does not take action. The DRIVE Act is the solution. This six-year highway reauthorization bill gives state and local governments the certainty and stability they need to improve and develop our nation’s transportation infrastructure. These investments will create new jobs, provide a sustained boost to our nation’s economy, and keep America competitive in the global marketplace. First reported unanimously out of the U.S. Senate Committee on Environment and Public Works, the DRIVE Act now faces the Senate this week. 

     

    What’s the cost of waiting?

    • There's currently a backlog of more than $115 billion in bridge work and $755 billion in highway projects throughout the country, according to Department of Transportation data.      
    • Today, 54 percent of America’s major roads are rated poor or mediocre. 1 in 4 bridges require significant repair or are unable to keep up with current traffic levels.
    • 20,000 miles of our highways slow below posted speed limits due to severe traffic congestion.
    • In 2011, 5.5 billion hours and 2.9 billion gallons of gas were wasted waiting in traffic congestion.  It is estimated that 8.4 billion hours and 4.5 billion gallons of gas will be wasted in 2020 if we keep the status quo. (source: American Association of State Highway and Transportation Officials)
    • The wasted gas and time will cost the average commuter more than $800 and an entire work-week each year.  (source: American Association of State Highway and Transportation Officials)
    • One in four urban roads are damaged, costing motorists up to $1,000 per year, according to a report from TRIP.

     

    What are the states saying?

     

    Every state is home to structurally deficient bridges, roads in poor conditions and traffic backlogs, don’t believe us? Read on for a few examples –

     

    “The uncertainty of federal funding has made some states skittish about their ability to complete infrastructure projects. So far in 2015, four states -- Arkansas, Georgia, Tennessee, and Wyoming -- have shelved $779.7 million in projects due to the uncertainty over federal funds. Nine states -- Colorado, Connecticut, Mississippi, Montana, Nebraska, Nevada, Pennsylvania, Vermont, and West Virginia -- have expressed concern over the feasibility of future transportation infrastructure projects totaling more than $1.8 billion…” – USA Today

     

    “Rebuilding the 200-mile span of Interstate 70 between suburban St. Louis and Kansas City is estimated to cost roughly $3 billion. The road was built more than 50 years ago with a life expectancy of 20 years.” – Kansas City Star

     

    “Every day, more than 3.7 million Coloradans cross over structurally deficient bridges, according to an American Road & Transportation Builders Association analysis of the 2014 National Bridge Inventory. But the top ten most traveled structurally deficient bridges are in the Denver metro, in familiar parts of town.” – Colorado Public Radio

     

    Every other year bridges have to be inspected, but there's some concern the problems on the 6-decade-old Broadway Bridge could force MoDOT to divert some of the 60,000 drivers who use it every day by restricting the load allowed on the bridge.” – KSHB Kansas City

     

    “For the past three years, though, delays have slowed Passaic County’s efforts to replace the antiquated truss bridge now pockmarked with rust and graffiti and labeled ‘structurally deficient’ by engineers.” – North Jersey Record 

      

    Others agree, it’s time to DRIVE forward: 

     

    “It's refreshing to see Congress focus on a multi-year solution instead of just another short-term patch.” – Committee for a Responsible Federal Budget

     

    “Manufacturers are witness to the erosion of the nation’s infrastructure base and our country has been stuck in a decade-long period of decline in overall infrastructure capital spending, according to the NAM study Catching Up. Fortunately, Senate leaders working to advance the DRIVE Act recognize that standing by is not the way to catch up.” – Robyn Boerstling, National Association of Manufacturer’s Shopfloor Blog

     

    “The DRIVE Act achieves many of the goals that we as civil engineers believe must be addressed in the next surface transportation reauthorization and accomplishes these goals in a bipartisan fashion." – Bob Stevens, president of the American Society of Civil Engineers

     

    “The immediate task is to get this long-term highway bill through Congress and to the president’s desk,” – The Oklahoman Editorial Board

     

    “The country is in dire need of this sort of needs-driven plan for long-term transportation improvement. [DRIVE Act]  is not pork-barrel politics. It is sound reasoning and putting the taxpayers’ money where it is intended.” – Tulsa World Editorial Board

     

     

    For a full list of growing support for the DRIVE Act, click here.

     

    Visit the EPW Committee’s Transportation and Infrastructure One-Stop-Shop for more information.

     

    ###

     

    The U.S. Senate initially balked at Sen. Jim Inhofe’s long-term highway reauthorization bill.

    When the bill was called up earlier this week, it only got the support of 41 senators on a procedural vote. It needed 60 votes to move ahead.

    Senators said they wanted more time to study the 1,000-page bill and make sure there aren’t any hidden problems.

    There’s good sense in such prudence, but there’s no question that the nation must solve the problems that the bill addresses.

    Nothing less than the public’s safety and the nation’s economic future are at risk.

    The bill authorizes a wide range of highway, transit and rail programs for six years, and establishes funding for the first three years.

    A key part of the program is addressing the nation’s crumbling bridges.

    There are more than 60,000 structurally deficient bridges in this country. One out of every four bridges in America is structurally deficient. At the present rate of funding, it will take another 26 years before those bridges are repaired or replaced.

    That’s not good enough.

    The facts are just as stark for Oklahoma.

    The highway funding bill would set aside money for 4,216 structurally deficient bridges in the state.

    We would prefer that the highway bill could nail down funding for its full six years, so that the issue didn’t have to be reconsidered in a few years.

    But, in politics, and especially in the hyper-political atmosphere of contemporary Washington, everything is relative to what is achievable.

    The bill would be the longest highway authorization bill Congress has passed in 10 years. That funding bill was also Inhofe’s work.

    The alternative isn’t a bill with a longer term. It’s another short-term extension. Congress has kicked the can down the highway 12 dozen times in recent years. That kind of stop-gap funding drives up costs for state highway programs and makes rational planning impossible.

    Inhofe’s highway funding bill is in the best interest of the nation’s economy and the safety of the driving public, and we urge the Senate to resolve its differences on the issue and get it passed.

    WASHINGTON – Nebraska U.S. Senator Deb Fischer remains optimistic that a bill introduced in the senate this week can help crumbling infastructure nationwide and fund local road projects in Nebraska.

    A plan to fund various road and rail projects from both Republican and Democratic senators for three years moved forward on a procedural vote on Wednesday, the first multi-year U.S. surface transportation bill in nearly a decade. In a conference call on Thursday, Senator Fischer says the long-term bill, known as the DRIVE Act, would benefit Nebraskans who are looking for local projects completed and prioritzed.

    “Given Nebraska’s challenges with starting and completing infastructure projects, these elements of the DRIVE Act offer a major step forward for transportation projects in the state.”

    Senator Fischer is hopeful that the $275 billion highway bill would make it easier for states to initiate new roads projects and have better coordination with the federal government on proceeding with them.

    “In the coming days, I hope that the senate can come together and that we’ll pass this critical legislation because it time to get these projects up and running in Nebraska and all across the country.”

    Funding for all six years of the proposed bill is unclear, but Senate Republican leader Mitch McConnell has said he is not in favor of raising the national gas tax. The bill provides three years of guaranteed funding for the national Highway Trust Fund, which is set to run out of funds on July 31 unless new legislation is passed.

    The bill advanced on a procedural vote in the Senate on Wednesday by a 62-36 vote.