EPA's announcement last week of the so-called "tailoring rule" was indubitably a momentous one-but not for the reasons supposed by EPA. Despite the agency's labored legal rationalizations, the tailoring rule clearly violates the Clean Air Act (CAA), and thus offers no consolation to thousands of small businesses who sit perilously on the edge of EPA's greenhouse gas regulatory regime.

Some may recall the inconvenient fact that arose out of EPA's recent finding that greenhouse gases from mobile sources "endanger" public health and welfare. To wit: once a "pollutant," such as CO2, becomes "subject to regulation" under the Clean Air Act, any major stationary source that emits-or has the potential to emit-more than 100 or 250 tons of CO2 must obtain a costly, time-consuming "preconstruction permit" from EPA.



CQ: Drilling Scaled Back in Climate Bill (05/12/10) - "I'll let them do the unveiling," said New Jersey Democrat Frank R. Lautenberg, an offshore drilling critic. "You know what an unveiling is, typically, in a graveyard? It's when you first see the tombstone."An expansion of offshore drilling has been a cornerstone of the bipartisan climate change bargain that Massachusetts Democrat John Kerry, South Carolina Republican Lindsey Graham and Connecticut independent Joseph I. Lieberman have been working for months to strike. Opening more coastal waters to drilling was supposed to be an incentive for Republicans and oil-state Democrats to support caps on emissions. The April 20 explosion on the Deepwater Horizon drilling rig and the blown well that is spewing crude oil into the Gulf of Mexico changed the political calculation.

Bloomberg: U.S. Climate Bill Would Expand Offshore Drilling, Cut Emissions
Senate leaders will meet next month to decide "what we need to do with energy for this year," Reid said yesterday. Reid will probably choose an "energy-only" bill over Kerry and Lieberman's global-warming legislation, which is "very unlikely" to become law this year, K. Whitney Stanco, a Washington-based analyst for Concept Capital, said in an e-mail. Kerry and Lieberman are unveiling their legislation amid the controversy over the Gulf oil spill because "they have genuinely tried to balance interests in hopes of coming up with 60 votes" in the Senate and their work will "influence the debate in the future," Stanco said.
While in our Nation's Capitol, we sat down and talked with the Senior Senator for Oklahoma, Jim Inhofe. We began our conversation talking Climate Change and the prospects of Senators Lieberman and Kerry getting traction with new Climate Change legislation. with concern rising about the oil leak in the Gulf of Mexico.

Senator Inhofe continues to predict that no climate change legislation with any sort of "cap and trade" plan will pass the Senate here in 2010. He also believes that the Environmental Protection Agency will not have a chance to regulate Greenhouse Gas Emissions, as he believes the premise of their endangerment finding of last year was based on faulty science that has been debunked since that time- and that legal challenges against the finding by the EPA are being filed by many states and numerous groups, including the American Farm Bureau and the National Cattlemen's Beef Association.

Actor Sam Waterston, of "Law & Order" and "The Killing Fields" fame, will testify at a hearing tomorrow exploring ocean acidification and the oil dispersants being sprayed over the Deepwater Horizon spill in the Gulf of Mexico.

Two Senate Environment and Public Works subcommittees will host the joint hearing to examine U.S. EPA's work to monitor and reduce environmental risks to marine and coastal ecosystems.

The oceans have grown increasingly acidic, acting as a giant sink that absorbs almost a third of the carbon dioxide humans produce and sparing humans from some of the worst effects of climate change.
As the Senate considers yet another attempt to pass new global warming taxes on the American people, the Obama administration is busy imposing global warming taxes and regulation through the back door.

Activist groups, with the Obama administration's help, are hijacking existing environmental statutes in the name of fighting global warming to block domestic energy production.

One such statute is the National Environmental Policy Act (NEPA), signed into law by President Nixon in 1970.

NEPA was never intended to regulate greenhouse gas emissions and climate change. NEPA is designed to ensure that federal agencies carefully consider significant environmental impacts that stem from major federal actions, such as permitting a power plant or building a highway, and make the relevant information available to the public. But activist groups have distorted NEPA's original intent.

On March 10, the citizens of Montana were informed that 61
WASHINGTON - As some lawmakers continue to review options on a controversial rule on potentially hazardous lead-based paint, more classes are being offered in the Tulsa area to help meet the needs of local contractors and others desperately seeking certification for work on pre-1978 homes.

Tulsa Technology Center has begun enrollment for classes scheduled next month.

Put in place by the U.S. Environmental Protection Agency, the rule requiring lead-safe practices for renovation work kicked in late last month but continues to cause concerns for some.

Local businesses have been scrambling for weeks to obtain training.

According to information provided by Tulsa Tech, classes will be held June 2-4 with additional dates to be announced later.
Tuesday, April 20, 2010 -In the evening, an explosion occurred on the DeepWater Horizon oil rig. Out of the 126 people aboard the rig, 17 people were injured and 11 are presumed dead. The rig, located 41 miles off the coast of Louisiana, was leased by BP from Transocean Ltd. There was no mention of any possible spill. President Obama was alerted.

Wednesday, April 21, 2010 -US Coast Guard held a press conference at 3:00 p.m. According to Transocean VP Adrian Rose, "There was some abnormal pressure build-up before the fire. The fire basically was a blow-out, though the cause has not officially been determined." Also from Rose: "Deepwater Horizon crew had drilled the well to its final depth, more than 18,000 feet, and was cementing the steel casing at the time of the explosion." Deputy Secretary of Interior David J. Hayes was deployed to the Gulf Coast to assist with coordination and response to the event.

First and foremost, our prayers are with the families who lost loved ones in this tragic event. Senator Inhofe will provide assistance to EPA [and other federal agencies] as they work on the comprehensive response effort. He also believes it is important to investigate how the Gulf Coast oil spill occurred, and once we have an understanding of the causes, help to prevent this type of accident from occurring in the future.

This tragedy began on the evening of April 20th with an explosion on TransOcean's Deepwater Horizon oil rig, which was utilized by BP for drilling in the Gulf of Mexico. The rig sank two days later. Out of the 126 people aboard the rig, 17 people were injured and 11 are presumed dead. On April 24th, the Coast Guard stated that there were about 1,000 barrels a day emanating from the wellhead into the water and that it could become a major spill. Four days later, workers began a controlled burn to minimize damage to the shoreline. It is now estimated that the oil could be leaking at five times the rate initially believed. A lack of supplies and bad weather has complicated the clean-up.

THE OIL POLLUTION ACT OF 1990

Thursday May 6, 2010

As emergency response efforts continue in the Gulf, EPW Policy Brief presents a new Gulf Oil Spill policy series to help interested parties understand the ins and outs of federal policies, regulations, and key issues that apply to the tragic Gulf spill.

In our first installment, we provide an overview of the Oil Pollution Act (OPA) of 1990, passed in response to the Exxon-Valdez oil spill in 1989. The OPA is the overarching federal statute that delineates the roles and functions of federal agencies involved in responding to a spill in coastal waters.

We think the Congressional Research Service (CRS) provides an excellent overview of the OPA. Released on April 30, the report, titled "Oil Spills in U.S. Coastal Waters: Background, Governance, and Issues for Congress, updates CRS's earlier work on the subject. CRS provides the historical context behind the OPA to help readers understand why it was passed, and delves into details of the act's key provisions and the evolution of the act's implementing regulations.

Congressional Republicans are spearheading efforts to force EPA to delay implementing new rules aimed at limiting lead dust exposure from home repair projects, backing industry concerns that not enough contractors have been trained to comply with the new rules.

The agency April 22 implemented the lead renovation, repair and painting (LRRP) rule, which requires contractors working on homes, childcare facilities and schools built before 1978 to receive certification to use specific work practices designed to prevent lead contamination. The same day, EPA finalized a modification to the rule removing an "opt-out" provision that would have allowed contractors to avoid those requirements for work on pre-1978 homes that did not have young children or pregnant women living in them.

Rep. Dennis Rehberg (R-MT) April 29 introduced a bill that would delay implementation