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In recent years, the time needed to comply with various
environmental laws has been the subject of public scrutiny and
debate in Congress. As a result, numerous administrative and
legislative efforts (both proposed and enacted) have intended to
expedite or streamline the environmental compliance process.
Although methods to do so vary, streamlining measures are often
proposed or implemented when the participation of multiple local,
state, tribal, or federal agencies is necessary to comply with
various environmental requirements. Streamlining measures may be
applied to various environmental compliance processes, such as
federal permitting or approvals.
Hurricane Katrina produced unprecedented destruction, resulting in
disaster debris from vegetation and man-made structures. Before
Katrina, the event that left behind the greatest recorded amount of
disaster-related debris in the United States was Hurricane Andrew
in 1992, which generated 43 million cubic yards (CY) of debris in
Florida's Metro-Dade County. When the demolition of damaged
property in the New Orleans metropolitan area is complete,
Hurricane Katrina will have generated more than 100 million CY of
disaster debris.
As estimates for the amount of U.S. natural gas resources have
grown, so have the prospects of rising U.S. natural gas exports.
The United States is expected to go from a net importer of natural
gas to a net exporter by 2020. Projects to export liquefied natural
gas (LNG) by tanker ship have been proposed-cumulatively accounting
for about 12.5% of current U.S. natural gas production-and are at
varying stages of regulatory approval. Projects require federal
approval under Section 3 of the Natural Gas Act (15 U.S.C. 717b),
with the U.S. Department of Energy's Office of Fossil Energy and
the Federal Energy Regulatory Commission being the lead authorizing
agencies. Pipeline exports, which accounted for 94% of all exports
of U.S. produced natural gas in 2010, are also likely to rise. What
effect exporting natural gas will have on U.S. prices is the
central question in the debate over whether to export. A
significant rise in U.S. natural gas exports would likely put
upwards pressure on domestic prices, but the magnitude of any rise
is currently unclear. There are numerous factors that will affect
prices: export volumes, economic growth, differences in local
markets, and government regulations, among others. With today's
natural gas prices relatively low compared to global prices and
historically low for the United States, producers are looking for
new markets for their natural gas. Producers contend that increased
exports will not raise prices significantly as there is ample
supply to meet domestic demand, and there will be the added
benefits of increased revenues, trade, and jobs, and less flaring.
Consumers of natural gas, who are being helped by the low prices,
fear prices will rise if natural gas is exported. Electric power
generation represents potentially the greatest increase in natural
gas consumption in the U.S. economy, primarily for environmental
reasons. Natural gas emits much less carbon dioxide and other
pollutants than coal when combusted. Other types of consumption are
not likely to increase natural gas demand domestically for a long
time. Use in the transportation sector to displace oil is likely to
be small because expensive new infrastructure and technologies
would be required. There is discussion of a possible revival of the
U.S. petrochemicals sector, but the potential extent of a change is
unclear. Getting natural gas to markets where it can be consumed,
whether domestically or internationally, may be the industry's
biggest challenge. Infrastructure constraints, environmental
regulations, and other factors will influence how the market
adjusts to balance supply and demand. Environmental groups are
split regarding natural gas use, with some favoring increased use
to curb emissions of certain pollutants, while others oppose
expanded use of natural gas because it is not as clean as renewable
forms of energy, such as wind or solar. The use of hydraulic
fracturing to produce shale gas has also raised concerns among
environmental groups particularly concerned with its possible
impacts on water quality. The possibility of a significant increase
in U.S. natural gas exports will factor into ongoing debates on the
economy, energy independence, climate change, and energy security.
As the proposed projects continue to develop, policymakers are
likely to receive more inquiries about these projects. Proposals to
expedite and expand LNG exports have already been raised in the
113th Congress, including in S. 192 and H.R. 580. Two other bills,
H.R. 1189 and H.R. 1191, would reform the DOE's process for
determining the public interest regarding LNG exports and prohibit
exports of natural gas produced on federal lands.
Pursuant to the Resource Conservation and Recovery Act (RCRA), the
U.S. Environmental Protection Agency (EPA) has established
regulations regarding the disposal of hazardous wastes. Although
there are federal requirements under RCRA for the management of
hazardous waste, some states have opted to implement more stringent
requirements - particularly with regard to the management of
certain hazardous wastes generated by households and small
businesses (entities that are essentially exempt from RCRA's
hazardous waste management requirements).
In 2008, Canadian pipeline company TransCanada filed an application
with the U.S. Department of State to build the Keystone XL
pipeline, which would transport crude oil from the oil sands region
of Alberta, Canada, to refineries on the U.S. Gulf Coast. Keystone
XL would ultimately have the capacity to transport 830,000 barrels
per day, delivering crude oil to the market hub at Cushing, OK, and
further to points in Texas. TransCanada plans to build a pipeline
spur so that oil from the Bakken formation in Montana and North
Dakota can also be carried on Keystone XL. As a facility connecting
the United States with a foreign country, the pipeline requires a
Presidential Permit from the State Department. In evaluating such a
permit application, the department must determine whether it is in
the "national interest," considering the project's potential
effects on the environment, economy, energy security, foreign
policy, and other factors. Environmental impacts are considered
pursuant to the National Environmental Policy Act, and documented
by the State Department in an Environmental Impact Statement (EIS).
The final EIS was released for the Keystone XL pipeline permit
application in August 2011, after which a 90-day public review
period began to make the national interest determination. During
that time the State Department determined that more information was
needed to consider an alternative pipeline route avoiding the
environmentally sensitive Sand Hills region of Nebraska, an
extensive sand dune formation with highly porous soil and a shallow
depth to groundwater recharging the Ogallala aquifer. The Temporary
Payroll Tax Cut Continuation Act of 2011 (P.L. 112-78) required the
Secretary of State to approve or deny the project within 60 days.
On January 18, 2012, the State Department, with the President's
consent, denied the Keystone XL permit, citing insufficient time
under this deadline to properly assess the reconfigured project.
Subsequently, TransCanada announced that it would proceed with
development of the pipeline segment connecting Cushing, OK, to the
Gulf Coast as a stand-alone project not requiring a Presidential
Permit-a decision supported by the Obama administration. In April
2012, TransCanada submitted to Nebraska proposed pipeline routes
avoiding the Sand Hills. Subsequently, on May 4, 2012, TransCanada
submitted a new application for a Presidential Permit that includes
proposed new routes through Nebraska. With the new permit
application, the NEPA compliance process begins anew, although it
may draw from relevant existing analysis and documentation prepared
for the August 2011 final EIS. In the wake of the State
Department's denial of the Presidential Permit, Congress has
debated legislative options addressing the Keystone XL pipeline.
The Surface Transportation Extension Act of 2012, Part II (H.R.
4348) and the North American Energy Access Act (H.R. 3548) would
transfer the permitting authority for the Keystone XL pipeline
project to the Federal Energy Regulatory Commission, requiring FERC
to issue a permit within 30 days of enactment. The Keystone For a
Secure Tomorrow Act (H.R. 3811), the Grow America Act of 2012 (S.
2199), S. 2041 (a bill to approve the Keystone XL pipeline), the
EXPAND Act (H.R. 4301), and the Energizing America through
Employment Act (H.R. 4000) would immediately approve the original
permit application filed by TransCanada.
If constructed, the Keystone XL pipeline would transport crude oil
(e.g., synthetic crude oil or diluted bitumen) derived from oil
sands in Alberta, Canada to destinations in the United States.
Because the pipeline crosses an international border, it requires a
Presidential Permit that is issued by the Department of State
(DOS). The permit decision rests on a "national interest"
determination, a term not defined in the authorizing Executive
Orders. DOS states that it has "significant discretion" in the
factors it examines in this determination. Key events related to
the Presidential Permit include: September 19, 2008: TransCanada
submitted an application for a Presidential Permit for its Keystone
XL pipeline. November 10, 2011: DOS announced it needed additional
information concerning alternative pipeline routes through the
Nebraska Sandhills. January 18, 2012: In response to a legislative
mandate in P.L. 112-78, DOS, with the President's consent,
announced its denial of the Keystone XL permit. May 4, 2012:
TransCanada submitted a revised permit application to DOS. Although
some groups have opposed previous oil pipeline permits, opposition
to the Keystone XL proposal has generated substantially more
interest among environmental stakeholders. Pipeline opponents are
not a monolithic group: some raise concerns about potential local
impacts, such as oil spills or extraction impacts in Canada; some
argue the pipeline would have national energy and climate change
policy implications. A number of key studies indicate that oil
sands crude has a higher greenhouse gas (GHG) emissions intensity
than many other forms of crude oil. The primary reason for the
higher intensity: oil sands are heavy oils with a high viscosity,
requiring more energy- and resource intensive activities to
extract. However, analytical results vary due to different modeling
assumptions. Moreover, industry stakeholders point out that many
analyses indicate that GHG emissions from oil sands crude oil are
comparable to other heavy crudes, some of which are produced and/or
consumed in the United States. Because of oil sands' increased
emissions intensity, further oil sands development runs counter to
some stakeholders' energy and climate change policy objectives.
These objectives may vary based on differing views concerning the
severity of climate change risk and/or the need for significant
mitigation efforts. Opponents worry that oil sands crude oil will
account for a greater percentage of U.S. oil consumption over time,
making GHG emissions reduction more difficult. On the other hand,
neither issuance of a Presidential Permit nor increased oil sands
development would preclude the implementation of energy/climate
policies that would support less carbon intensive fuels or energy
efficiency improvements. A primary local/regional environmental
concern of any oil pipeline is the risk of a spill. Environmental
groups have argued that both the pipeline's operating parameters
and the material being transported imposes an increased risk of
spill. Industry stakeholders have been critical of these
assertions. To examine the concerns, Congress included provisions
in P.L. 112-90 requiring a review of current oil pipeline
regulations and a risk analysis of oil sands crude. Opponents of
the Keystone XL pipeline and oil sands development often highlight
the environmental impacts that pertain to the region in which the
oil sands resources are extracted. Potential impacts include, among
others, land disturbance and water resource issues. In general,
these local/regional impacts from Canadian oil sands development
may not directly affect public health or the environment in the
United States. Within the context of a Presidential Permit, the
mechanism to consider local Canadian impacts is unclear.
Funding authorization for Federal Aviation Administration (FAA)
programs set forth in the Vision 100 - Century of Aviation
Reauthorization Act (P.L. 108-176, hereafter referred to as Vision
100) are set to expire at the end of FY2007. During the current
reauthorization process, methods to address the environmental
impacts associated with airport operations and expansion are likely
to be debated. This issue is important to various stakeholders,
particularly those whose health, property values, and quality of
life may be affected by such impacts. The concerns of community
members and local, state, and tribal agencies regarding
environmental impacts have led to the delay and cancellation of
some airport expansion projects.
On July 6, 2012, President Barack Obama signed the Moving Ahead for
Progress in the 21st Century Act (MAP-21; P.L. 112-141). The act
authorized spending on federal highway and public transportation
programs, surface transportation safety and research, and some rail
programs and activities through September 30, 2014. MAP-21
authorized roughly $105 billion for FY2013 and FY2014 combined. It
also extended FY2012 surface transportation authorizations to the
end of the fiscal year, raising the total authorization to
approximately $118 billion. Most of the funding for surface
transportation bills has been drawn from the highway trust fund
(HTF) since its creation in 1956, but the HTF, which receives
revenue mainly from federal motor fuel taxes, has experienced
declining revenue due to a sluggish economy and improvements in
vehicle fuel efficiency. For the past several years, HTF revenue
has been insufficient to finance the government's surface
transportation programs, leading Congress to delay reauthorization
for 33 months following expiration of the last multi-year
reauthorization. Although Congress was unable to agree on a
long-term solution to the HTF revenue issue, MAP-21 did provide for
the transfer of sufficient general fund revenues to the HTF to fund
a two-year bill. MAP-21 made major changes in the programmatic
structure for both highways and public transportation and included
initiatives intended to increase program efficiency through
performance-based planning and the streamlining of project
development. Among its major provisions, MAP-21 included: for the
federal-aid highway program, research, and education,
authorizations for FY2013 of $40.96 billion and for FY2014 of
$41.03 billion; for public transportation, authorizations for
FY2013 of $10.58 billion and for FY2014 of $10.7 billion; for the
Transportation Infrastructure Financing and Innovation Act (TIFIA),
which provides credit assistance for surface transportation
projects, a significant expansion that could provide credit support
of up to $690 million for FY2013 and $9.2 billion for FY2014; major
program restructuring, which reduced the number of highway programs
by two-thirds and consolidated public transportation programs as
well; more distribution of funding via apportionment to the states
and less discretionary funding via the Department of Transportation
(DOT) to individual projects; no project earmarks; no equity
program, instead basing the distribution of highway funding on the
FY2012 distribution such that each state will likely receive as
much federal highway funding as its highway users paid to the
highway account of the HTF; and changes in the National
Environmental Policy Act (NEPA) compliance process intended to
accelerate project delivery.
Several major statutes form the legal basis for the programs of the
Environmental Protection Agency (EPA). Many of these have been
amended several times. The current provisions of each are briefly
summarised in this report. The Pollution Prevention Act (PPA) seeks
to prevent pollution through reduced generation of pollutants at
their point of origin. The Clean Air Act (CAA) requires EPA to set
mobile source limits, ambient air quality standards, hazardous air
pollutant emission standards, standards for new pollution sources,
and significant deterioration requirements; and to focus on areas
that do not attain standards. The Clean Water Act (CWA) establishes
a sewage treatment construction grants program, and a regulatory
and enforcement program for discharges of wastes into U.S. waters.
Focusing on the regulation of the intentional disposal of materials
into ocean waters and authorising related research is the Ocean
Dumping Act. The Safe Drinking Water Act (SDWA) establishes primary
drinking water standards, regulates underground injection disposal
practices, and establishes a groundwater control program. The Solid
Waste Disposal Act and Resource Conservation and Recovery Act
(RCRA) provide regulation of solid and hazardous waste, while the
Comprehensive Environmental Response, Compensation, and Liability
Act (CERCLA), or Superfund, provides authority for the federal
government to respond to releases of hazardous substances, and
established a fee-maintained fund to clean up abandoned hazardous
waste sites. The authority to collect fees has expired, and funding
is now provided from general revenues. The Emergency Planning and
Community Right-to-Know Act requires industrial reporting of toxic
releases and encourages planning to respond to chemical
emergencies. The Toxic Substances Control Act (TSCA) regulates the
testing of chemicals and their use, and the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA) governs pesticide products
and their use.
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