The opening of the 114th Congress in early January has resulted in a flurry of activity on Capitol Hill, as Republican legislators act to take advantage of their majority in both houses. A number of bills and hearings are aimed specifically at addressing EPA activities and regulations which could have effects on the solid waste industry.
On February 4, a joint hearing between the House Transportation and Infrastructure Committee and the Senate Environmental and Public Works Committee was held to examine state & local impacts of the proposed rule,Definition of “Waters of the United States” Under the Clean Water Act. The hearing included testimony from Gina McCarthy, Administrator of the U.S. EPA, and Jo-Ellen Darcy, Assistant Secretary of the Army for Civil Works. Administrator McCarthy admitted that further clarification was required in the rule based on the public comments received, but that ultimately the rule will “improve predictability and consistency for landowners.” Bills are expected in both the House and Senate this session, which would narrow the scope of this rule.
SWANA submitted comments on the proposed Definition of “Waters of the United States” on November 13. In the comments, SWANA expressed concern that the language proposed in the rule would give EPA and the Act authority over significantly more waters than are currently covered and asked that the rule be remanded.
The U.S. House of Representatives has already successfully passed theRegulatory Accountability Act of 2015 (H.R. 185). According to theCongressional Research Service, this legislation would amend the Administrative Procedure Act by “requiring agencies, in making a rule, to base all preliminary and final factual determinations on evidence and to consider the legal authority under which the rule may be proposed, the specific nature and significance of the problem the agency may address with the rule, any reasonable alternatives for the rule, and the potential costs and benefits associated with such alternatives.” Specifically, the bill puts heightened standards on rules affecting the economy at or above $100 million and $1 billion (so called “major rules” and “high-impact rules,” respectively).
The President released a statement prior to the bill’s passage in the House explaining that the bill would, “make the regulatory process more expensive, less flexible, and more burdensome,” and threatened a veto were it to arrive at his desk. The bill now goes to the U.S. Senate for consideration.
Two additional bills, both also meant to address the economic impacts of regulations, have been passed in the House of Representatives. TheUnfunded Mandates Information and Transparency Act (H.R. 50) and the Small Business Regulatory Flexibility Improvements Act (H.R. 527) have both similarly drawn veto threats from the President (H.R. 50, H.R. 527).
On the Senate side, The Environmental Protection Agency Accountability Act (S. 110) was introduced which would tie part of the EPA Office of the Administrator’s budget to its ability to meet regulatory review requirements. Up to 7% of the Office’s budget would be rescinded under this bill if it failed to meet deadlines established by a number of Executive Orders and Acts of Congress.
Other bills proposed in the Senate are also focused on restricting regulatory authority. Senator David Vitter (R-LA), a member of the Senate Committee on Environment and Public Works has introduced one that would prohibit the U.S. from regulating CO2 or other greenhouse gasses “until China, India and Russia implement similar reductions.” The Energy Consumers Relief Act of 2015 (S. 156), introduced by Senator Cassidy (R-LA), would prohibit EPA from promulgating energy-related rules of a cost more than $1 billion if the Secretary of Energy determines they would cause “significant adverse effects to the economy.”
President Obama Gives State of the Union, Presents Federal Budget
On January 20, President Obama presented his State of the Union Addressin which he focused “less on a checklist of proposals” and “more on the values at stake.” As such, the address did not outline many specifics for future action. The President did speak strongly on climate change during his address. “I will not let this Congress endanger the health of our children by turning back the clock on our efforts,” said President Obama. “I am determined to make sure that American leadership drives international effort.” Such leadership on greenhouse gas reductions will put him at odds with congressional Republicans who are focused on limiting regulatory action in the coming term.
President Obama also proposed his federal budget for FY 2016 on February 2, further outlining his administration’s goals and priorities. The budget asks Congress to reverse some of the effects of sequestration and expand funding across the federal government.
The Environmental Protection Agency would see a 5.6% increase in its budget under the President’s proposal, as well as an increase in staffing levels. The EPA budget proposal specifically includes more spending for grants to support state and local air quality management programs, and requests up to $4 billion for incentives to states that exceed requirements under the proposed Clean Power Plan.
President Obama’s budget does not have legal force but will serve as a guide to his priorities when Congress takes up the budgeting process later this year.
SWANA Chapters Support Slow Down to Get Around
SWANA chapters demonstrated their commitment to driver and workplace safety this year with the Virginia Old Dominion and Kansas Sunflower SWANA chapters voting to support Slow Down to Get Around legislation.
Bills introduced in Virginia and Kansas would require drivers to either slow down or move over when passing solid waste vehicles so as to reduce the risk of accidents and injuries. Refuse and recyclable material collection continues to rank as one of the most dangerous jobs in the United States.
David Biderman, General Counsel & Vice President of Government Affairs for NW&RA has been working with SWANA and the local Chapters on this issue, and recently wrote about the legislation on his blog. “The private sector and the public sector often disagree over who gets to decide where waste is disposed and the rules governing collection, processing, and disposal,” wrote Biderman. “However, there is one thing that everyone in the waste and recycling industry agrees on: we need to make sure the hard working men and women who collect America’s trash and recyclables get home, every day, to their families.”
SWANA Statements Available on MySWANA
Past statements by SWANA on legislative and regulatory proposals can be found on MySWANA.org in the eLibrary under “Legislative & Regulatory Advocacy.” SWANA Membership and login required.
Questions and comments regarding this article can be directed to Jesse Maxwell, Advocacy & eLearning Program Manager for SWANA at [email protected] or at (240) 494-2237