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Delegation:  EPA Plan Ignores Science, Citizens
Members urge incremental, locally-driven cleanup effort in Silver Valley
Members of Idaho’s Congressional Delegation charge the U.S. Environmental Protection Agency is ignoring local concerns and a scientific review panel in moving ahead with a bloated and long-term plan for environmental actions related to mining activity in the Silver Valley. Worse yet, said Idaho Senators Mike Crapo and Jim Risch and Congressmen Mike Simpson and Walt Minnick in separate public comment letters, the multi-billion dollar plan could worsen pollution problems and harm economic growth in the area.  They have called on the federal agency to change course and explain its actions.

“EPA's proposal is simply too big and too expensive, especially in these difficult economic times,” wrote Crapo, noting EPA ignored the recommendations of the National Academy of Sciences (NAS) that urge EPA to take incremental stages in the management efforts.  “EPA proposes a massive undertaking on a scale that is hardly imaginable, possibly without precedent, and with no realistic way to pay for it.  I am concerned that EPA's proposal will actually worsen conditions in the South Fork by removing water for treatment at critical, low flow conditions.”  Crapo said flooding concerns, presently unaddressed by the EPA, could actually worsen pollution issues in the Silver Valley.  “We must not allow storm or flood water to add contaminants downstream or to Lake Coeur d’ Alene.”

“The EPA is not providing a realistic plan for the cleanup of the Coeur d’Alene Basin.  It is a massive proposal that has an unsustainable budget and requires a level of state funding that is not possible.  Worst of all, it rejects the reasonable input of the citizens of the Silver Valley who will be economically harmed by the cleanup proposed plan,” said Senator Jim Risch.  “I have written to the EPA to include my concerns as part of the public comment period.  I will be most interested to hear how they justify their plan in light of the many issues raised.”

“Setting all other arguments aside, there can be no justification for the costs associated with these changes given the current economic challenges facing our nation and the enormous debt Congress and the Administration continue to pile on future generations. I am deeply troubled by both the cost and time frame of this plan and believe it will be rejected, if not by EPA itself, then by Congress,” wrote Congressman Mike Simpson, Ranking Member of the House Appropriations Subcommittee on Interior and Environment which funds EPA. “I urge EPA to pull this plan back and reconsider the direction of remediation in the Basin. I further urge EPA to undertake a committed effort to build consensus in North Idaho around a workable path forward that reflects the economic realities in which we now find ourselves.”

“The EPA proposal is much too costly.  There is only a limited amount of money available from the clean-up fund and potentially responsible parties,” said Congressman Walt Minnick.  “The EPA ought to do the best they can to protect human health and maintain our quality of life, but it cannot expect unlimited funding particularly at a time when federal spending must be reduced.”

The Delegation members noted that at public hearings on the EPA planning, residents were nearly-unanimous is their disapproval of a 50 to 90-year management effort by the federal agency.  They add the EPA is attempting to restrict current mining activity that is already regulated and has no bearing on past management practices.

House Legislative Business This Week
 Monday, November 29, 2010
On Monday, the House will meet at 2:00 p.m. for legislative business with votes postponed until 6:00 p.m.

Suspensions (9 Bills):
1. Senate Amendment to H.R. 5712 - The Physician Payment and Therapy Relief Act of 2010 (Sponsored by Rep. Levin / Ways and Means Committee)
2. H.R. 5877 - The"Lance Corporal Alexander Scott Arredondo, United States Marine Corps Post Office Building" Designation Act (Sponsored by Rep. Capuano / Oversight and Government Reform Committee)
3. H.Res. 771 - Supporting National Mesothelioma Awareness Day (Sponsored by Rep. McCollum / Oversight and Government Reform Committee)
4. S. 806 - Federal Executive Board Authorization Act (Sponsored by Sen. Voinovich / Oversight and Government Reform Committee)
5. H.R. 6392 - The "Colonel George Juskalian Post Office Building" Designation Act (Sponsored by Rep. Wolf / Oversight and Government Reform Committee)
6. H.Res. 1622 - Honoring the historic contributions of veterans throughout all conflicts involving the United States (Sponsored by Rep. Baca / Veterans' Affairs Committee)
7. H.R. 5953 - To direct the Secretary of Veterans Affairs to display in each facility of the Department of Veterans Affairs a Women Veterans Bill of Rights (Sponsored by Rep. Filner / Veterans' Affairs Committee)
8. H.Res. 1644 - Supporting "National Veterans History Project Week" (Sponsored by Rep. Kind / Veterans' Affairs Committee)
9. H.R. 5866 - Nuclear Energy Research and Development Act of 2010 (Sponsored by Rep. Gordon / Science and Technology Committee)

Tuesday, November 30, 2010 and the Balance of the Week
On Tuesday, the House will meet at 10:30 a.m. for Morning Hour debate and 12:00 p.m. for legislative business.

On Wednesday and Thursday, the House will meet at 10:00 a.m. for legislative business.

On Friday, the House will meet at 9:00 a.m. for legislative business.

Suspensions (21 Bills):
1. H.Res. 1585 - Honoring and recognizing the exemplary service and sacrifice of the 60th Air Mobility Wing, the 349th Air Mobility Wing, the 15th Expeditionary Mobility Task Force, and the 615th Contingency Response Wing civilians and families serving at Travis Air Force Base, California (Sponsored by Rep. Garamendi / Armed Services Committee)
2. H.Res. __ - Recognizing and honoring the National Guard on the occasion of its 374th anniversary (Sponsored by Rep. Latta / Armed Services Committee)
3. H.Res. 1217 - Honoring Fort Drum's soldiers of the 10th Mountain Division for their past and continuing contributions to the security of the United States (Sponsored by Rep. Owens / Armed Services Committee)
4. H.Res. 1724 - Commending the City of Jacksonville, Arkansas, for its outstanding support in creating a unique and lasting partnership with Little Rock Air Force Base, members of the Armed Forces stationed there and their families, and the Air Force (Sponsored by Rep. Snyder / Armed Services Committee)
5. H.Res. 1430 - Honoring and saluting golf legend Juan Antonio "Chi Chi" Rodriguez for his commitment to Latino youth programs of the Congressional Hispanic Caucus Institute (Sponsored by Rep. Baca / Education and Labor Committee)
6. H.Res. 1638 - Supporting the goals and ideals of National GEAR UP Day (Sponsored by Rep. Fattah / Education and Labor Committee)
7. H.Res. 1598 - Expressing support for the designation of the month of October as National Work and Family Month (Sponsored by Rep. McCarthy (NY) / Education and Labor Committee)
8. H.Res. 1576 - Expressing the sense of the House of Representatives that a National Day of Recognition for Parents of Special Needs Children should be established (Sponsored by Rep. Burton / Education and Labor Committee)
9. H.Res. 1313 - Expressing support for designation of May as "Child Advocacy Center Month" and commending the National Child Advocacy Center in Huntsville, Alabama, on their 25th anniversary (Sponsored by Rep. Griffith / Education and Labor Committee)
10. H.Con.Res. 323 - Supporting the goal of ensuring that all Holocaust survivors in the United States are able to live with dignity, comfort, and security in their remaining years (Sponsored by Rep. Wasserman Schultz / Education and Labor Committee)
11. H.Res. 1690 - Supporting the observance of American Diabetes Month (Sponsored by Rep. DeGette / Energy and Commerce Committee)
12. S. 2847 - CALM Act (Sponsored by Sen. Whitehouse / Energy and Commerce Committee)
13. H.Con.Res. 325 - Supporting the goals and ideals of National Homeless Persons' Memorial Day (Sponsored by Rep. Hastings (FL) / Financial Services Committee)
14. H.R. 6411 - To provide for the approval of the Agreement Between the Government of the United States of America and the Government of Australia Concerning Peaceful Uses of Nuclear Energy (Sponsored by Rep. Ros-Lehtinen / Foreign Affairs Committee)
15. H.Res. 527 - Commending the NATO School for its critical support of North Atlantic Treaty Organization (NATO) efforts to promote global peace, stability, and security (Sponsored by Rep. Tanner / Foreign Affairs Committee)
16. H.Res. 528 - Commending the George C. Marshall European Center for Security Studies for its efforts to promote peace, stability and security throughout North America, Europe, and Eurasia (Sponsored by Rep. Tanner / Foreign Affairs Committee)
17. H.R. 6308 - SMART Research and Development Compact (Sponsored by Rep. Bartlett / Judiciary Committee)
18. H.Res. 1540 - Supporting the goal of eradicating illicit marijuana cultivation on Federal lands and calling on the Director of the Office of National Drug Control Policy to develop a coordinated strategy to permanently dismantle Mexican drug trafficking organizations operating on Federal lands (Sponsored by Rep. Herger / Judiciary Committee)
19. S. 1338 - To require the accreditation of English language training programs (Sponsored by Sen. Carper / Judiciary Committee)
20. S. 1421 - Asian Carp Prevention and Control Act (Sponsored by Sen. Levin / Judiciary Committee)
21. H.R. 3353 - To provide for American Samoa and the Commonwealth of the Northern Marianas to be treated as States for certain criminal justice programs (Sponsored by Del. Sablan / Judiciary Committee)

Senate Amendments to H.R. 4783 - Claims Resolution Act of 2010 (Subject to a Rule) (Sponsored by Rep. Rahall / Natural Resources Committee)

S. 3307 - Healthy, Hunger-Free Kids Act of 2010 (Subject to a Rule) (Sponsored by Sen. Lincoln / Education and Labor Commtitee)

Further Action on Making Further Continuing Appropriations for Fiscal Year 2011 (Sponsored by Rep. Obey / Appropriations Committee)

Possible Action on the America Dream Act

In the News

House GOP Seeks Answers from OMB on Yucca Licensing Shut Down
By Kenneth Fletcher, New Nuclear Build Monitor, Volume 29 No. 46, November 22, 2010

Continuing efforts to reverse the Nuclear Regulatory Commission’s decision to shut down review of the Yucca Mountain license application, three Republican Congressmen sent a letter to the White House Office of Management and Budget last week asking it to justify the NRC’s action and introduced a resolution condemning the shutdown. The timing of the letter and resolution just two weeks after the election in which Republicans took control of the House suggests that Yucca Mountain issues will be a priority for House Republicans. The letter noted that “despite the fact that the federal government is operating under a continuing resolution based on the Fiscal Year 2010 appropriations levels that are law, [NRC Chairman Gregory Jaczko] is using President Obama’s Fiscal Year 2011 budget proposal as the justification for his decision to halt the license review. As you know, the Fiscal Year 2011 budget proposal was simply a request—it was never approved by Congress and does not have the force of law,” Reps. Mike Simpson (R-Idaho), Doc Hastings (R-Wash.) and Paul Ryan (R-Wisc.) wrote in a letter to OMB acting director Jeffrey Zients.

The Congressmen request an explanation from OMB “outlining the legal budgetary authority of Chairman Jaczko to shut down the Yucca Mountain review and terminate the project,” as well as a list of other federal agencies currently operating under their FY11 budget request. Ryan is in line to become chairman of the House Budget Committee, while defense high-level waste currently stored in Hastings’ and Simpson’s districts was slated to end up in the proposed Yucca Mountain repository. The beleaguered repository has undergone numerous shutdown efforts from the Department of Energy this year. In an email to NNB Monitor, OMB Spokeswoman Meg Reilly said that they were reviewing the letter and “the Obama Administration’s position remains that the use of Yucca Mountain as a nuclear waste repository is not an
option.”

House Resolution Condemns Shutdown
Last week, Simpson also introduced a House Resolution condemning the shutdown and “calling on the Nuclear Regulatory Commission to resume license application review activities immediately pending further direction from Congress.” The resolution detailed a list of legal bases to restart the review of Yucca Mountain, including the 1987 designation by Congress of Yucca Mountain as the only option for long-term storage, and the 2007 House vote of 80-351 rejecting an attempt to eliminate Yucca Mountain funding. It also cites the $24 billion in fees already collected from utilities for the establishment of a repository and the $8.5 billion spent studying Yucca Mountain as the permanent site for nuclear waste storage. Thirteen other Republicans signed on to the resolution as cosponsors, many of whom sit on committees with jurisdiction over the NRC or Yucca Mountain, according to a release by Simpson.

Last month, Jaczko said that he is directing the NRC’s close down of the Yucca mountain review “because that’s really what our Fiscal Year 2011 budget guidance is. That process will continue absent some other direction from Congress.” The NRC’s FY11 budget, developed with OMB and released in February, slashes funding for the project and directs an orderly closure of the project “upon the withdrawal or suspension of the licensing review.” DOE moved to withdraw its license application for the repository earlier this year, but an Atomic Safety and Licensing Board rejected that motion. The Commission has yet to issue a final order on the ability of DOE to withdraw the license, though last week it was revealed that all the commissioners had issues preliminary votes on the matter in August and September, and Commissioners William Ostendorff and Kristine Svinicki have questioned the NRC shutdown.

Months of Criticism
Both Hastings and Simpson criticized the move earlier this fall, with Hastings signing a similar letter in October to Jaczko asking about the legal authority to halt the license review based on a budget request. Jaczko responded to the concerns, contending that neither the Continuing Resolution nor the 2010 appropriations bill provided the NRC with “express direction” on Yucca Mountain funding. “In the absence of an express direction, the approach the NRC is following is consistent with the terms of the Continuing Resolution, the Commission’s Fiscal Year 2011 budget request, the general principles of appropriations law, and past U.S. Nuclear Regulatory Commission practice,” Jaczko wrote. He added that “no specific actions have yet been taken to terminate the program.

Rather the first step of this process is to preserve the staff’s work products, and complete and implement a detailed and comprehensive plan for this effort. The entire process is expected to take at least a year.” Simpson echoed allegations that Jaczko’s actions were politically motivated, as the Chairman formerly worked for leading Yucca opponent Sen. Harry Reid (D-Nev.), who in his close reelection bid this fall campaigned on a platform to shut down the repository. “I am greatly concerned by the NRC Chairman’s decision to unilaterally shut down the Yucca Mountain license application over the concern of other Commissioners and Congress,” Simpson said in a statement last week. “The NRC is an independent apolitical regulatory agency, and the fact that it is ignoring sound science and strong Congressional support in favor of partisan politics is very concerning.”