Nominations for Federal Environmental and Infrastructure Posts Announced

President Barack Obama recently announced his nominees for several posts at agencies with responsibilities for infrastructure or the environment.

DEPARTMENT OF ENERGYScott Blake Harris for General Counsel. Harris is Managing Partner of Harris, Wiltshire & Grannis LLP, a Washington, D.C. law firm with nationally known telecommunications, litigation, and appellate practices. From 1994 to 1996, Mr. Harris served as the first chief of the International Bureau at the Federal Communications Commission. Before joining the Commission, he was Chief Counsel for Export Administration at the U.S. Department of Commerce. Prior to government service, Mr. Harris was a partner at the law firm of Williams & Connolly. Mr. Harris is a magna cum laude graduate of both Brown University and Harvard Law School.

Kristina M. Johnson Under Secretary of Energy. Johnson is currently the provost and senior vice president for academic affairs of Johns Hopkins University. Previously, Johnson served as the Dean of Duke University's Pratt School of Engineering from 1999-2007 where she helped to set up interdisciplinary efforts in photonics, bioengineering and biologically inspired materials, and energy and the environment. Before that she was on the faculty of the University of Colorado, Boulder from 1985-1999 where she led an NSF Engineering Research Center and involved engineers, mathematicians, physicists, chemists and psychologists in working to make computers faster and better connected. Johnson is an electrical engineer with more than 129 US and foreign patents or patents pending. These inventions include pioneering work on liquid crystal on silicon (LCOS) microdisplays and their integration into demonstration and commercial systems such as heads-up automotive displays (HUD); pattern recognition systems for cancer prescreening, object tracking and document processing; HDTV and 3D projection displays; and 3D holographic memories. She has co-founded several companies and is the author of 142 peer reviewed publications. Johnson has received several awards including the John Fritz Medal, widely considered the highest award in the engineering profession. She earned degrees from Stanford University including a Ph.D. in 1984 and both a bachelor's and a master's degree in electrical engineering in 1981.


DEPARTMENT OF INTERIORMichael L. Connor for Director, Bureau of Reclamation. Connor has more than 15 years of experience in the public sector including serving as the Counsel to the U.S. Senate and Natural Resources Committee since May 2001. As Counsel, he has negotiated and managed legislation related to water reclamation, Indian lands and energy issues. Connor also directed the Water & Power Subcommittee which has legislative oversight of the Bureau of Reclamation and the US Geological Survey. From 1993 to 2001, Connor served at the Department of the Interior as deputy director and then director of the Secretary's Indian Water Rights Office. Connor received his J.D. from the University of Colorado School of Law, and is admitted to the bars of Colorado and New Mexico. He has a B.S. in Chemical Engineering from New Mexico State University.

DEPARTMENT OF TRANSPORTATIONJoseph C. Szabo for Administrator, Federal Railroad Administration. Szabo is currently the Illinois State Legislative Director for the United Transportation Union. As State Director Joe has provided vision and direction to rail safety and regulatory issues and worked with business and civic leaders in the advancement of freight and passenger rail service. Joe also serves on the Federal Railroad Administration's Rail Safety Advisory Committee participating in the development of federal regulations on rail safety. Prior to this Joe served as the Mayor of the Village of Riverdale where he managed over 100 employees and budget of $9 Million serving 15,000 residents. Joe was elected Mayor after serving ten years as a Village Trustee

ENVIRONMENTAL PROTECTION AGENCYMichelle J. DePass for Assistant Administrator for International Affairs. DePass is currently a program officer at the Ford Foundation where she manages the foundation's initiative on Environmental Justice and Healthy Communities. Her work concentrates on the environmental and social justice intersections in the United States and supporting transnational linkages that support environmental justice policies and practices. She taught federal environmental law and policy at the City University of New York, developed and administered a bi-state workforce development training program for disadvantaged youth on superfund waste sites, and served as executive director of the New York City Environmental Justice Alliance. In this position, she assisted communities and community organizations in their negotiations with government agencies, implemented advocacy campaigns and co-organized the Northeast Environmental Justice Network. Subsequently, she served as Assistant to the City Manager of San Jose, California, advising on environmental policy matters, and served as an Environmental Compliance Manager for the City of San Jose. After completing a term with the Center for Constitutional Rights in New York as a William Kunstler Racial Justice Fellow, Michelle joined the New Jersey Department of Environmental Protection where she was Senior Policy Advisor to the Commissioner. In this position, she developed a framework for an Environmental Justice Order that required the use of public health data to identify communities for priority compliance, enforcement, remediation, siting and permitting action. She received a B.A. in Political Science from Tufts University, a law degree from Fordham University School of Law, and a Master of Public Administration degree from Baruch College School of Public Affairs.

Cynthia J. Giles for Assistant Administrator for Enforcement and Compliance Assurance. Giles is Vice President and Director of Conservation Law Foundation's Rhode Island Advocacy Center, where she has focused on state and regional advocacy to combat climate change. From 2001 to 2005, Cynthia served as head of the Bureau of Resource Protection at the Massachusetts Department of Environmental Protection. Giles worked for the U.S. Environmental Protection Agency in a variety of capacities from 1991 to 1997. From 1995-1997, she was Enforcement Director for Region 3 and developed a "results-targeted" approach to enforcement, which she has since published in a paper written for OECA. Her responsibilities included overseeing enforcement of federal laws regulating toxics and protecting air, drinking water and surface water. She also chaired a regional ozone compliance initiative, developing strategies for reducing smog-causing emissions from stationary sources. Prior to joining EPA, Giles was an Assistant United States Attorney, where she prosecuted violations of federal environmental laws. She holds a BA from Cornell University, as well as a JD from the University of California at Berkeley and an MPA from the Harvard University Kennedy School of Government. She is admitted to the bar in the State of Rhode Island, U.S. District Court for the District of Rhode Island and State of Pennsylvania.

Gina McCarthy for Assistant Administrator for Air and Radiation. McCarthy is currently the Commissioner of the Connecticut Department of Environmental Protection (DEP). McCarthy came to the Connecticut DEP from the Commonwealth of Massachusetts, where she worked on environmental issues at the state and local level for 25 years in a variety of high-ranking positions. Just prior to joining the Connecticut DEP, she served as the Deputy Secretary of Operations for the Massachusetts Office of Commonwealth Development, a "Super Secretariat" that coordinates policies and programs of that state's environmental, transportation, energy and housing agencies. In 1990, Governor Dukakis appointed McCarthy as Chair of the Council to oversee the review of a proposed hazardous waste incinerator in the Boston area.

You can read the original news releases here and here.

T&I Committee Takes Up Infrastructure Issues

During his State of the Union address, President Barack Obama proposed a program of investing in infrastructure, particularly energy and transportation, as a way to create jobs and stimulate the economy.  The House Transportation and Infrastructure (T&I) Committee delved into the issue.

The committee held hearings yesterday the featured proponents from infrastructure advocates, business, and labor. Speakers included

•  Edward G. Rendell, Co-Chair of Building America’s Future and former governor of Pennsylvania,
• Thomas J. Donohue, President and CEO of the U.S. Chamber of Commerce, and
• Terry O’Sullivan, General President of the Laborers’ International Union of North America.

The T&I committee will be looking at three major bills, one to address waterways and ports, one to address railroads, and finally a reauthorization of the surface transportation programs (i.e. highways and related automobile, trucking and transit programs).  The last surface transportation reauthorization was only for two years, rather than the typical five-year plan.  The last Congress punted, largely for lack of will or imagination to deal with the predicted shortfalls in revenues for highway funding, for which they were criticized by departing Transportation Secretary Ray LaHood.

Related posts and articles

At hearing on nation’s crumbling infrastructure, money is the theme (Halsey, A., Washington Post, Feb. 13, 2013)

The Federal Role in Infrastructure (Macheska, C., Save America’s Infrastructure, Feb. 14, 2013)

Hearing Highlights Federal Role in Infrastructure and Economic Importance of Transportation System (House T&I Committee news release, Feb. 13, 2013)

No easy funding fix for U.S. transportation woes –lawmaker (Palmer, D., Reuters, Feb. 13, 2013)

The State of the Union... and our Highways (Jones, P. D., Huffington Post, Feb. 13, 2013)

Fix-It-First

Fix-It-First is a program for infrastructure investment proposed by President Barack Obama during his State of the Union address. The program focuses on transportation infrastructure.

One aspect of the program is aimed at attracting private investment. Some types of infrastructure, such as highways, have had difficulty attracting private investors because there is no revenue source for most roads. (In contrast, water and power utilities are often privately owned sometimes entirely financed by private investors because they can charge fees for the use of their infrastructure).

Proponents of the program, and of infrastructure investment generally, tout it as a job-creating measure. Transportation agencies plan on long scales, and many will have projects that are far along in the planning and possibly even design process that could implemented relatively quickly if funding was available (about as close to shovel-ready as infrastructure projects get).

Related posts and articles

‘Fix It First’ program takes aim at road repair (Laing, K., The Hill, Feb. 13, 2013)

LaHood praises Obama State of the Union transportation push (Laing, K., The Hill, Feb. 13, 2013)

Alternative Fuels and Energy Resources Articles and Links

Amended March 3, 2015.

BIODIESEL

National Biodiesel Board

US and EU must change biofuel targets to avert food crisis, says Nestlé chief (Vidal, J., Guardian, Sept.  4, 2012)

Re-use, Recycle, Re-fuel (Scott, D., Earth Island Journal, Winter 2013)

BIOFUELS

Algae could replace 17% of US oil imports, study finds (Science Daily, Apr. 14, 2011)

Biofuel crops transform German farming (Evans, S., BBC, Aug. 31, 2012)

Good News: Lotsa Oil from Algae! Bad News: Lotsa Water Could Be Required! (Aquadoc, Apr. 18, 2011)

The era of cheap food may be over (Elliott, L., The Guardian, Sept. 2, 2012)

The Problem With Biofuels (CBS News, July 12, 2008)


ETHANOL

A Bit More Ethanol in the Gas Tank (Wald, M., New York Times, Oct. 13, 2010)

Analysis: U.S. bankers say, love or hate it, ethanol here to stay (Stebbins, C., Reuters, Sept. 5, 2012)

Biofuels: Challenges to the Transportation, Sale, and Use of Intermediate Ethanol Blends (Government Accountability Office, June 2011)

Biofuels May Push 120 Million into Hunger, Qatar’s Shah Says: “The era of low food prices is over” (Romm, J., Think Progress, October 1, 2011)

Congressional Activity (Infrastructure Watch, Aug. 23, 2010)


Drought? What Drought? EPA Refuses To Waive Ethanol Mandate (Lonely Conservative, Nov. 16, 2012)

Drought Withers U.S. Corn Crop, Heats Debate on Ethanol (Schulte, B., National Geographic, Sept. 6, 2012)

EPA's ethanol decision sparks controversy (Mohan, G., Los Angeles Times, Oct. 13, 2010)

Ethanol content of gasoline can be 15%, up from 10% now (Healey, J., USA Today, Oct. 14, 2010)

EPA refuses to waive ethanol mandate (German, B., The Hill, E2 Wire, Nov. 16, 2012)

Ethanol still a lightening rod (Leslie Reed and Joseph Morton, Omaha World-Herald, Aug. 18, 2008)

Ethanol Update (U.S. Fire Administration, Inforgram 26-08, July 10, 2008)

Ethanol Use Strains Food Aid Budget (Associated Press, April 13, 2009)

Ethanol’s Impacts on Our Water Resources (Cho, R., State of the Planet, March 21, 2011)

Food-Based Fuels Are Helping Drive Up Food Prices (Think Progress, July 22, 2011)

Fuel From Food? The Feast Is Over (CBS, Nov. 24, 2008)

Government report looks at ethanol's use of water (Dayton Daily News, Dec. 9, 2009)

Governors Look Beyond Corn-Based Ethanol (CBS News, July 14, 2008)

Hazardous Materials Final Rules: Miscellaneous Amendments (73 Federal Register 4699-4720)

The Impact Of Ethanol On Water Supplies (Biofuel Daily, Apr. 14, 2009)

In spite of drought, EPA turns down requests to waive corn ethanol mandate (Spierling, C., Washington Examiner, Beltway Confidential, Nov. 16, 2012)

The Man Who Dared to Question Ethanol (New York Times, July 13, 2008)

Markus, F. “Whiter lightning: Cellulosic ethanol arrives to save the tattered reputation of corn-mash hooch.” Motor Trend. Dec. 2008: 41.

Obama’s EPA Continues Handouts for Rich Ethanol Farmers on the Backs of Consumers (Horowitz, D., Red State, Nov. 16, 2012)

Perry draws environmentalist support on ethanol stand (Dallas Morning News, July 21, 2008)

The Problem With Biofuels (CBS News, July 12, 2008)

Rice report weighs biofuels and water resources (Gunter, F., Houston Business Journal, June 12, 2009)

Rice University researchers ask if biofuels will lead to a 'drink or drive' (ScienceBlog)

Scientists Make Underwater Biofuel Breakthrough (RTCC, January 20, 2012)

Study: Algae Biofuels Enviro-Impact Worse Than Corn Ethanol (AlterNet, Jan. 25, 2010)

Study: Biofuel Threatens Water Supplies (Live Science, Yahoo, Apr. 10, 2009)

Study: Corn-based Biofuel Costs 50 Gallons of Water per Mile (EP Online, May 5, 2009)

Unlocking Seaweed’s Nex-Gen Crude: Sugar (Garthwaite, J., Green blog at New York Times, January 23, 2012)

U.S. allows more ethanol in gasoline for newer cars (Gardner, T., & Doggett, T., Reuters, Oct. 14., 2010)

U.S. corn ethanol "was not a good policy"-Gore (Wynn, G., Reuters Africa, Nov. 22, 2010)

US drought could trigger repeat of global food crisis, experts warn (Goldenberg, S., Guardian, July 23, 2012)

US Must Stop Promoting Biofuels to Tackle World Hunger, Says Thinktank (Goldenberg, S., The Guardian, October 11, 2011)

Water worries cloud future for US biofuel (Reuters, Apr. 19, 2009)


METHANOL

Buchanan, N. “First K.I.S.S: Keeping It (Our Refueling Infrastructure) Simple.” Motor Trend Aug. 2008: 37.

SOLAR

Renewable energy won’t die from cheap oil: Bloomberg (Johnston, A., CleanTechnica, Feb. 13, 2015)

Seven reasons cheap oil can’t stop renewables now (Randall T., Bloomberg, Jan. 30, 2015)

Solar is getting cheaper, but how far can it go? (Plumer, B., Washington Post Wonkblog, Nov. 7, 2011)

Solar power: States take a shine to alternative energy (Hughes, T., Delaware Online, July 26, 2013)

Wind, Solar, & Storage Could Power Full Electric Grid Cost Effectively 99.9% Of The Time By 2030: Report (Johnston, A., Clean Technica, Dec. 11, 2012)

WIND

New York Aims To Be The Real Windy City (CBS News, Aug. 20, 2008)

Race to build deep-water wind farms is a long one (Clarke Canfield, Associated Press, Dec. 9, 2008)

The rise and fall of the U.S. wind industry, in one chart (Plumer, B., Washington Post Wonkblog, Nov. 26, 2012)

Uneasiness as renewable energy grows (Smith, R., Albany Times-Union, July 20, 2013)

Wind, Solar, & Storage Could Power Full Electric Grid Cost Effectively 99.9% Of The Time By 2030: Report (Johnston, A., Clean Technica, Dec. 11, 2012)

Science Tracer Bullet: Wind Power (Library of Congress)

Wyoming wind energy project officials aggressively set to-do list (Pelzer, J., Wyoming Star-Tribune, Nov. 10, 2010)


MISCELLANEOUS

Interconnected Infrastructure (Infrastructure Watch, Sept. 13, 2012)

Federal Environment & Infrastructure News

More Challenges to Stormwater Rules

We previously posted about the court overturn of an Environmental Protection Agency (EPA) rule that limited stormwater discharges.  It looks like federal stormwater rules will get an overhaul by next year.

EPA recently entered an agreement to settle a lawsuit brought by the National Homebuilders Association, Utility Water Act Group, and Wisconsin Builders Association. These groups challenged rules that established national numeric limits on stormwater discharges. EPA agreed to remove the numeric limits and clarify requirements related to best management practices.

This does not mean the end of numeric limits on pollutants in stormwater.  Anticipate permits for stormwater discharges to continue to have numeric limits, but limits based on state water quality standards rather than a uniform national standard.

Related posts and articles

EPA Reconsiders Stormwater Discharge Rule (CE News, Feb., 15, 2013)

More Reactions to the State of the State

Infrastructure USA put together a nice summary of responses to the State of the Union from several infrastructure stakeholder organizations.

More River Problems

We’ve been covering the problems the drought has caused shipping on the Mississippi River. This is just one issue in the larger context of infrastructure on our inland rivers. Our major rivers are our oldest highways and they continue to serve as affordable pathways to transport masses of goods.  Sea Power has a good article on this issues.

T&I Committee Marks Up, Approves Bills

The House Transportation and Infrastructure Committee (T&I) approved several legislative measures at a markup session, including bills to prohibit the United States from participating in a European Union (EU) emissions trading scheme, and reauthorize pipeline safety programs.

The Committee approved the following measures:
-H.R. 2845, the Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011
-H.R. 2594, the European Union Emissions Trading Scheme Prohibition Act of 2011

H.R. 2845, the Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011, reauthorizes and strengthens pipeline safety programs. The bill authorizes federal pipeline safety programs through fiscal year 2015. The legislation provides tougher penalties for pipeline operators that violate pipeline safety laws; improves pipeline damage prevention measures; allows the Transportation Secretary to require automatic and remote-controlled shut-off valves on new pipelines; requires the Secretary to evaluate the effectiveness of expanding pipeline Integrity Management and Leak Detection requirements; improves the way Department of Transprotation and pipeline operators provide information to the public and emergency responders; and reforms the process by which pipeline operators notify federal, state and local officials of pipeline accidents.

H.R. 2594, the European Union Emissions Trading Scheme Prohibition Act of 2011, is responds to EU plans to impose a fee on any civil aviation operators landing in or departing from EU airports. Under the scheme, flights into or out of an EU airport, regardless of how long that flight is in EU airspace, would be subject to emissions cap and trade requirements. U.S. airlines would be required to pay an emissions tax to the EU Member State to which they most frequently fly, without any requirements that EU countries even use these fees in emissions reduction efforts. H.R. 2594 directs the Secretary of Transportation to prohibit U.S. aircraft operators from participating in the ETS. The bill also instructs U.S. officials to negotiate or take any action necessary to ensure U.S. aviation operators are not penalized by any unilaterally imposed EU scheme.

For more information on markup, click here. To read the original T&I news release, click here.

Federal News Brief

Hersman Floated as Potential Nominee for Transportation Secretary

National Transportation Safety Board Chairman Deborah Hersman has been rumored to be a top candidate to replace Ray LaHood as Secretary of Transportation.

LaHood Criticizes Congress, Republican on Highway Funding

Departing Transportation Secretary Ray LaHood criticized Congress, and especially his former Republican colleagues, for failing to pass a long-term transportation bill. He anticipates bold moves from President Obama “when he gets around to it.”

Reactions to the State of the Union

As you might expect, infrastructure organizations were disappointed by President Obama’s State of the Union address.  ASCE gently criticized the president’s “Fix-It-First” plan because it does not address the long-term need to pay for infrastructure maintenance.

Supreme Court May Hear Interstate Water Dispute

Kansas has asked the Supreme Court to hear its case against Nebraska.  The Republic River is an important source of water for agriculture in both states, and the Wheat State claims the Cornhuskers are taking more than its fair share.

In Brief

Fix-It-First

An analyst for the Brookings Institute reminded us that the term “Fix It First” previously appeared in a report from that organization calling for a reorganization of transportation funding priorities (find more about the Hamilton Project here→).  Others have expressed skepticism about President Barack Obama’s seriousness relating to expanding infrastructure investment.

Funding Transportation

The New York Times looked at alternatives to fuel taxes to fund highway maintenance and improvements.  Vermont officials are considering an increase in the state fuel tax.

House Passes Hydropower Bill

The House of Representatives passed the Hydropower Regulatory Efficiency Act of 2013 (H.R. 267).  The bill is intended to promote the development of hydropower projects, primarily by modifying permitting authority and programs of the Federal Energy Regulatory Commission.

Next Transportation Secretary?

Speculation about who will be the next Secretary of Transportation continues.  Railway Age considers several potential candidates including Sen. Chuck Schumer (NY), former Rep. Steve LaTourrette (OH), former Michigan Gov. Jennifer Granholm, Rep. James Clyburn (SC), former Rep. Jim Oberstar (MN), former Pennsylvania Gov. Ed Rendell, and NTSB Chair Debbie Hersman.

Partnership to Rebuild America

In the State of the Union, the president called for a “Partnership to Rebuild America” that would use private investment to partly fund public infrastructure.  A Forbes contributor expressed disappointment that the president did not address the use of tax-exempt bonds.

Infrastructure in the Obama Budget

In his State of the Union address, President Barack Obama emphasized infrastructure funding. His budget proposal includes increases for transportation, especially for high-speed rail, but cuts other infrastructure programs.

Unfortunately, Infrastructure Watch doesn’t have the time to dig through the budget and analyze it. Fortunately, professional journalists, paid bloggers, and big stakeholders do. Here is a compilation of some articles from these diligent folks.

Education, Infrastructure Win in Obama Budget (Gramlich, J., Stateline, Feb. 15, 2011)

EPA Budget Proposal Focuses on Air and Climate, Cuts Water Grants (Nelson, G., & Chemnick, J., New York Times, Feb. 14, 2011)

Geithner: Infrastructure Bank Would End Bridges to Nowhere (Wall Street Journal, Feb. 9, 2011)

Grading Obama’s Budget Proposal for Food, Water and Fish (Food and Water Watch, Feb., 16, 2011)

Obama Budget has $5 Billion for Infrastructure Bank (Lambert, L., Reuters UK, Feb. 17, 2011)

Obama Budget has $556 Billion , Six-Year Transporation Plan (Crawley, J., & Lambert, L., Reuters, Feb. 14, 2011)

Obama Budget Hikes Transportation But Cuts Other Construction Programs (Ichniowski, T., & Hunter, P., Engineering News-Record, Feb. 16, 2011)

Obama’s $3.7 Trillion Budget Sets Fight in Congress (Runningen, R., & Faler, B., Bloomberg, Feb. 14, 2011)

Reconnecting America Releases Analysis of Obama Budget Proposal

Tax Hikes May Outweigh Obama Budget (Hoover, K., Portland Business Journal, Feb. 16, 2011)

Gas Taxes

Federal and state fuel taxes are a major source of funding for transportation infrastructure. Declining revenue from these taxes, brought on by increased fuel efficiency and reduced travel due to the weak economy, is prompting lawmakers to take a look at how transportation is funded.

California and Wyoming have already increased gas taxes. Maryland, Minnesota, New Hampshire and Virginia may soon follow.

Of course, people are looking beyond fuel taxes. Some have suggested treating transportation more like a utility. In a sense, a gas tax is something like a utility fee in that gas use is somewhat proportional to miles use. The problems with a fuel tax have been noted, which means the tax rate must increase if it is to continue as a primary funding source. A tire tax might also support a utility-like fee because tire wear is also somewhat proportional to miles driven. Some have even propose a per-mile tax, though this would be more difficult to administer because miles driven would have to be reported by vehicle owners or recorded and submitted by a device, which prompts privacy concerns.

We probably have the means to solve our transportation funding problems. Not all of them are easy, but then what is?

Related posts and articles

The gas tax compromise (Baltimore Sun, Mar. 5, 2013)

Highway Funding (Infrastructure Watch, Jan. 29, 2013)

It's official: Gas tax going up (Horn, J., San Diego Union-Tribune, Feb. 28, 2013)

Md. Gov. O’Malley calls for sales tax on gas, other steps to pay for road and transit projects (Washington Post [Associated Press])

NH panel endorses 15-cent gas tax hike (Seattle Post-Intelligencer, Feb. 21, 2013)

Plan calls for $20 billion in Minnesota tax hikes for roads, transit (Doyle, P., Star Tribune, Nov. 30, 2012)

Richmond’s bad transportation deal (Galuszka, P., Washington Post, Feb. 20, 2013)

Transportation as Utility (Peterson, E. C., Eno Brief)

Wyoming Senate passes fuel tax hike (Billings Gazette [Associated Press], Feb. 14, 2013)