Webinar. November 14, :30 3:30 p.m. (EST)

Transcription

1 Election Results: What Is in Store for Environmental Law and Policy Webinar November 14, :30 3:30 p.m. (EST)

2 Administration: Re-Election As Reaffirmation More of the same -- Continue with first term policies and priorities Greening the economy -- Economic growth and environmental protection are compatible Strong environmental standards drive innovation Benefits (health) justify the costs Re-election -- Every constituency claims paternity Environmental groups will have raised expectations Re-election is endorsement of current programs 2

3 Congress: Status Quo Election -- Divided Government Continues Preoccupation with taxes, spending, and entitlements means environmental issues will take a back seat Environment was not much of an issue in the election Environmental groups were effective in some targeted Senate races (e.g., Montana) 3

4 Congress: Key Policy Initiatives Continuing controversy over air rules GHG/climate initiatives -- Impact of Hurricane Sandy Hydraulic fracturing 4

5 Congress: House GOP Control Means Continued Scrutiny Energy and Commerce -- Whitfield returns as Chair of Energy and Power and Shimkus returns as Chair of Economy and Environment Transportation and Infrastructure -- Shuster becomes full Committee Chair; Gibbs may remain Chair of Water Resources Subcommittee Science Committee -- Continued oversight pressure on EPA science Agriculture -- Currently too preoccupied with Farm Bill to engage in FIFRA oversight 5

6 Congress: Appropriations -- More Policy Riders and Reduced Funding House will continue to use appropriations bills to direct or prevent EPA actions Level of discretionary spending will continue to shrink 6

7 Congress: Senate Vitter becomes Ranking Member of Environment and Public Works WRDA will likely be his top priority TSCA reform -- Vitter will develop a counterpart to Lautenberg bill if there is no willingness by Democrats to develop consensus bill 7

8 Congress: Senate (cont d) GOP retains ability to block any bills from Senate passage -- without bipartisan consensus on legislation, gridlock will continue Look for Republicans to use effectively confirmation process for senior EPA officials 8

9 EPA: Personnel Administrator Jackson -- Many expect her to leave Next: Bob Perciasepe (Deputy)? State DEQ? McCarthy (OAR)? OMB/OIRA -- Pivotal position for EPA issues Sunstein (left August 2012) had personal relationship with the President NGOs will be concerned OCSPP -- Jim Jones will be re-nominated Confirmation non-controversial; still could be holds 9

10 EPA: Budget and Human Capital Budget Resource constraints will be limiting factor E.g., contractor support for science reviews, economic analysis Personnel ceilings will be affected Demographics of EPA workforce -- Young in the 1970s, now eligible to retire Hostile environment could hasten retirements (pension cuts, oversight) Unfilled vacancies and cuts could cause skills mix issues 10

11 EPA: OPP Implementation of Endangered Species program still dogged by litigation Unclear when litigation (since 2002) will result in significant disruption of current product labels ESA work consuming significant amount of program resources and attention CWA permits now apply for some uses Significant legislative push to overturn CWA permit requirements (H.R. 872) PRIA III (industry fees) enacted late in September 11

12 EPA: OPP Nanotechnology Nanotech product reporting as adverse effects under FIFRA 6(a)(2) Biotechnology Resistance management, stacked traits Labeling issues? Continued emphasis on Obama priorities Environmental justice (WPS program) Risks to children Bystander risks/drift Endocrine Disruptor program 21 st century toxicology More transparency/information disclosure Public comment period for new or important uses 12

13 EPA OPPT: Enhancing EPA s Chemical Management Program -- Actions Over-long at OMB Chemicals of Concern List May 2010 Nanoscale Materials SNUR and Section 8(a) Reporting Rule Nov 2010 PMN Amendments Concerning CBI Claims on Chemical Identity Dec 2011 Response to Section 21 Petition on Fracking Chemicals Dec 2011 Formaldehyde Emissions Standards for Composite Wood Products May 2012 Third Party Certification Framework for Formaldehyde in CWPs May

14 EPA OPPT: Actions Currently at Play Action Plans -- Proposed rules awaiting finalization PBDEs SNUR + test rule Deca, Penta, and Octa-brominated diphenyl ethers PFAS and LCPFAC SNUR Perfluoroalkyl sulfonates Long chain perfluoroalkyl carboxylates Mercury in certain measuring devices Benzidine/congener dyes SNUR Hexabromocyclododecane (HBCD) SNUR 14

15 EPA OPPT: Actions Currently at Play (cont d) Action Plans -- Proposed rules awaiting finalization (cont d) Di-n-pentyl phthalate SNUR C12-13 chlorinated paraffins SNUR Action Plans -- DfE Alternatives Assessments issued Bisphenol A in thermal paper DecaBDE flame retardants Nonylphenol ethoxylate surfactants 15

16 EPA OPPT: Actions Currently at Play (cont d) PFOA 2010/2015 Stewardship Program Test rule + SNUR for 4 th group of HPV unsponsored chemicals CBI declassification Chemical Data Reporting (CDR) data release D4 and D5 siloxanes Section 4 Enforceable Consent Agreement negotiation 16

17 EPA OPPT: Actions Currently at Play (cont d) Work Plan chemicals In 2012, OPPT outlined its Work Plan strategy and identified 83 chemicals for risk assessment Selected seven chemicals/groups for 2012 Teed up an additional 18 chemicals for 2013/ Antimony & Compounds Long-chain Chlorinated Paraffins Methylene Chloride HHCB Medium-chain Chlorinated Paraffins N-Methylpyrrolidone Trichloroethylene 17

18 EPA OPPT: Actions Currently at Play (cont d) Work Plan chemicals for risk assessment Bromopropane 4-tert-Octylphenol Four Fragrance Chemicals 2,4,6-Tri-tert-butylphenol Five Chlorinated Hydrocarbons Three Flame Retardants 4-sec-Butyl-2,6-di-tert-butylphenol p,p'-oxybis(benzenesulfonyl hydrazide) Octamethylcyclotetrasiloxane (D4) 18

19 OPPT: TSCA Legislation Since 2009, broad agreement on principles July Lautenberg legislation reported out of Senate Environment Committee Attempt to place a marker for any future bills Progress made on some difficult issues (e.g., testing priorities) Many difficult issues remain (e.g., CBI, judicial review) Vitter has announced intention to draft alternative -- potential for dueling proposals 19

20 Thank You Lynn L. Bergeson BERGESON & CAMPBELL, P.C Pennsylvania Avenue, N.W. Suite 100W Washington, D.C Charles M. Auer CHARLES AUER & ASSOCIATES, LLC Washington, D.C. Charles L. Grizzle THE GRIZZLE COMPANY 2200 Pennsylvania Avenue, N.W. Suite 100W Washington, D.C James V. Aidala BERGESON & CAMPBELL, P.C Pennsylvania Avenue, N.W. Suite 100W Washington, D.C