Legislative Update: Senate Unanimously Approves 2024 Water Resources Development Bill

Senate Unanimously Approves 2024 Water Resources Development Bill

The Senate unanimously approved the 2024 water resources development bill (S. 4367), which authorizes U.S. Army Corps of Engineers (USACE) programs and projects. The biennial legislation, introduced by Senate Environment and Public Works Chairman Thomas Carper (D-DE) and ranking member Shelley Moore Capito (R-WV), includes initiatives for dredging ports, rehabilitating levees, and addressing flooding nationwide. It mandates feasibility studies and reporting to Congress on various issues.

The Water Resources Development Act (WRDA) encompasses projects in all 50 states, with over 1,200 project requests, incorporating 83 feasibility studies and 13 new or modified construction projects.   Carper said the bill also includes a provision that would direct the corps to execute a plan to fully implement past reauthorizations as soon as possible, as some projects are behind schedule.

Earlier this year, Carper and Capito said they intended to avoid a “policy-heavy bill” after the WRDA bills in both 2020 and 2022 contained several policy directives.  The House passed its version of the water resources bill in July with a 359-13 vote, including authorizations requested by House members.

Newhouse and Lummis Push Back Against Biden’s Environmental Justice Policies with New Bill

Congressional Western Caucus Chairman Dan Newhouse (R-WA) and Senate Western Caucus Chair Cynthia Lummis (R-WY)  introduced a bill that would restrict the EPA and other federal agencies from incorporating environmental justice (EJ) considerations into their rulemaking processes unless specifically directed by Congress. Additionally, the Reducing Environmental Gamesmanship (REGs) Act aims to revoke executive orders that promote EJ initiatives.

Chairman Newhouse criticized “environmental justice” as a tactic by activists to obstruct traditional energy and infrastructure projects, arguing that such policies would ultimately burden low-income communities with higher energy costs. He emphasized the need to restore Congress’ legislative authority post-Chevron doctrine. Chair Lummis echoed these sentiments, accusing the Biden-Harris administration of prioritizing its environmental agenda at the expense of Wyoming and the American West. She highlighted the financial strain on households due to rising energy costs and inflation and stressed the need to overturn the administration’s policies to alleviate this burden on western communities.

The Biden administration has mandated that 40% of funding from certain federal programs go to disadvantaged communities without Congressional direction. President Joe Biden has also directed executive branch agencies to prioritize environmental justice. This approach has led to increased permitting delays and bureaucratic hurdles, hindering environmental cleanup efforts.

Senate Energy Panel Advances Bipartisan Permit Streamlining Legislation

The Senate Energy and Natural Resources Committee on July 31 approved legislation (S. 4753) to expedite the permitting process for both renewable and fossil energy projects. This approval, marked by a 15-4 vote, represents a substantial advancement in permit streamlining efforts since a similar initiative failed in 2022. The bill includes leasing reform, expanding the grid for more renewable energy, and streamlining permitting processes. It also includes mandates on oil and gas leases and liquefied natural gas export permits, which have drawn criticism from some lawmakers.

Despite the election-year challenges, the bill’s proponents believe it has strong bipartisan momentum. Key provisions aim to complement the 2022 climate law and address transmission issues, though some Democrats and environmental groups have significant concerns over the bill’s fossil-friendly provisions and its attention to community impacts of proposed projects. Three Democrats—Sens. Ron Wyden (D-OR), Mazie Hirono (D-HI), and Bernie Sanders (I-VT)—and Republican Senator Josh Hawley (R-MO)—voted against the bill.

House Democrats Urge EPA to Adopt Comprehensive Emissions Standards for Gas Plants

Democrats of the House Sustainable Energy and Environment Coalition (SEEC) members, led by Representatives Kathy Castor (D-FL) and Mike Levin (D-CA), along with SEEC Co-Chairs Doris Matsui (D-CA), Mike Quigley (D-IL), and Paul Tonko (D-NY), sent a letter on August 5 to EPA Administrator Michael Regan urging EPA to adopt stringent and comprehensive standards for existing gas-fired power plants. The letter, supported by 86 House Democrats, pushes the role gas-fired plants play in climate change, contending they were responsible for 45% of power-sector carbon emissions in 2022 and projected to rise significantly by 2035.

The letter follows up on previous letters sent in March and July 2023, supporting strong limits on fossil fuel power plant pollution. It also stresses the importance of robust stakeholder engagement, including input from impacted workers and frontline and environmental justice communities.

The EPA plans to propose these rules by the end of the year amid challenging stakeholder divisions. In July, Administrator Regan cautioned that establishing a multipollutant rule for existing gas plants would be more challenging than the recently finalized greenhouse gas standards for new gas and existing coal power plants. Regan attributed this difficulty to significant divisions among stakeholders. Utilities are advocating for lighter standards to maintain grid reliability, and environmentalists are pushing for comprehensive regulations.

The letter also addresses ongoing litigation where critics are challenging the EPA’s power sector regulations in the Supreme Court, questioning the adequacy of carbon capture and storage (CCS) technology as a basis for the rules. This comes after the EPA, facing criticism from various groups, decided to re-evaluate its proposed existing gas standards initially included in the broader rule for coal and new gas plants.

Senate Panel Approves a FY25 Interior-Environment and Energy-Water Appropriations

The House and Senate have recessed for the month of August, but the two chambers are set to clash on multiple appropriations bills upon returning in September.  Before adjourning, the Senate Appropriations Committee on July 25 approved, 28-1, its fiscal 2025 Interior-Environment appropriations bill, which would provide $9.3 billion in funding for EPA, $2 billion more than what the House passed but less than the $11 billion requested by the Biden administration.  The bill provides modest increases across all EPA and makes no workforce cuts.  The bill is also sans controversial policy riders included in the House bill.

The panel also passed the FY25 Energy and Water appropriations in a 28-0 vote.  The bill provides $10.3 billion in funding for the U.S. Army Corps of Engineers and $3.147 billion for the Harbor Maintenance Trust Fund, and it will continue funding projects to protect communities from extreme weather events and more frequent flooding.  The House bill provides $9.96 billion for the Army Corp of Engineers, but the entire spending bill is $59.2 billion, whereas the Senate bill totals $61.5 billion.  The Senate Appropriations Committee has advanced 11 of 12, with the Homeland Security spending bill still being negotiated.

The Clean Water and Drinking Water State Revolving Funds, which provide funding for water and wastewater projects, are funded at the fiscal year 2024 levels. The Committee recommends allocating $362.5 million from the Clean Water SRF and $242.391 million from the Drinking Water SRF for Congressionally Directed Spending grants. These grants will support the construction of drinking water, wastewater, and stormwater infrastructure, as well as water quality protection. Projects must provide at least 20% matching funds from non-Federal sources unless a waiver is granted.  The Committee urges the EPA to prioritize and expedite support for these grant recipients, expressing concern over the agency’s capacity to implement the program efficiently. The Committee allocates an additional $19 million for salaries, expenses, and administration to address these concerns.

Furthermore, the Committee urges that funds be prioritized and distributed to support communities heavily impacted by lead service lines, aligning with the Administration’s 10-year goal in the Lead Pipe Plan.  The Committee also acknowledges that some states have proactively committed to the 10-year goal by enacting lead service line replacement laws.

Harris Announces Tim Walz as VP Pick

Vice President Kamala Harris named Minnesota Governor Tim Walz as her running mate on August 6th. Walz has positioned himself as a progressive leader on climate and environmental policies. Shortly after beginning his second term, he signed a comprehensive clean energy bill mandating utilities to supply 100 percent carbon-free energy by 2040, one of the most ambitious climate policies in the Midwest. Walz’s efforts are backed by a series of clean energy bills he has signed throughout his tenure.

Minnesota Governor Tim Walz has also demonstrated an active stance on managing plastic waste by signing the Packaging Waste and Cost Reduction Act. This legislation makes Minnesota the fifth state to establish an extended producer responsibility (EPR) program for packaging and mandates the creation of a producer responsibility organization by January 2025. The law includes exclusions for certain items like infant formula and medical equipment packaging.  The act does not specify performance targets; instead, a future needs assessment will guide goals around recycling, composting, waste reduction, reuse, and post-consumer recycled content usage.

Despite his progressive record, environmental groups have criticized Walz for what they term “polluter capture,” accusing him of allowing industry and agriculture to exert excessive influence over regulatory agencies. A coalition of 16 environmental organizations, including the Sierra Club and Friends of the Boundary Waters Action Network, claims that Walz’s administration has been lax in enforcing regulations on issues such as air quality, nitrate pollution, and the approval of the Line 3 crude oil pipeline. They argue that regulatory agencies under Walz prioritize helping companies obtain permits rather than enforcing environmental protection laws, leading to inadequate responses to pollution and environmental degradation.  In response, the Walz administration has defended its environmental record and emphasized its efforts to protect health and natural resources while recognizing the complexities of managing environmental regulations.

EPA Proposes New Rule for 1-Bromopropane, Can’t Determine Risks Posed to Fenceline Communities But Still Asks for Comments

The EPA published its proposed TSCA risk-management rule for 1-bromopropane (1-BP) on August 8, initiating a 45-day public comment period ending September 22. This proposal seeks to ban 1-BP from most consumer products and some industrial applications while mandating strict workplace chemical protection programs (WCPPs) for its continued use. However, the EPA does not plan to limit emissions affecting communities near chemical facilities, as it could not conclusively determine the risks posed to these “fenceline” communities.  Nevertheless, the agency is still seeking public comments on these communities’ potential emission limits and monitoring requirements. The proposal highlights that existing restrictions and pending Clean Air Act rules for 1-BP, designated as a hazardous air pollutant (HAP) in 2022, saying it will help mitigate risks to these areas.

The EPA has faced criticism from environmental groups for focusing predominantly on workplace risks while not adequately addressing community exposure. The Biden EPA used 1-BP as a case study for its early fenceline screening approach. The agency is working to improve its fenceline assessment methodology and has conducted a more comprehensive analysis using five years of data. The proposed rule aims to reduce risks through WCPP requirements and bans on certain uses of 1-BP that pose potential risks to fenceline communities. The EPA states that it believes these measures will sufficiently reduce exposure and does not plan to revisit the air pathway for 1-BP.