OVERNIGHT ENERGY: Senate climate battle begins with two bills

STATE OF PLAY: Dueling bills to block federal climate change rules
landed in the Senate Monday, signaling interest by conservative
Republicans and centrist Democrats in curtailing the Environmental
Protection Agency.

But it’s not clear whether the presence of two measures creates
political momentum for halting greenhouse gas regulations, or instead
reveals divides among EPA foes that can’t be bridged.

Sen. John Barrasso (R-Wyo.), who is a member of the GOP leadership
team, introduced a sweeping bill with several Republican colleagues
that would completely upend the ability of federal agencies to regulate
emissions or consider climate change when implementing various
environmental statutes. (It would, however, allow current tailpipe
standards to remain in place.)

Sen. Jay Rockefeller (D-W.Va.) introduced a less aggressive bill with
several centrist Democrats that would delay EPA’s rules for stationary
emissions sources like power plants and refineries for two years.

Frank O’Donnell, head of the advocacy group Clean Air Watch, worries
that the sweeping Republican bill could create a political opening for
Rockefeller’s measure, a bill he said would set a bad precedent by
suspending enforcement of clean air protections.

“One of the lessons of political history is that extremes help define
the middle, and in this case, even though we believe that Rockefeller is
extreme, Barrasso is ultra, ultra extreme,” O’Donnell said of the two bills.

He said some Democrats who are up for reelection may be “looking for a
place to land, and they may land on Rockefeller’s shoulders.”

Indeed the half-dozen Democratic co-sponsors of Rockefeller’s measure
include senators likely to face tough reelection battles in 2012, such
as Ben Nelson (D-Neb.) and Claire McCaskill (D-Mo.).

Opponents of emissions rule allege they will hinder the economy.

A refinery industry lobbyist said the idea behind the Barrasso measure
is to “create enough space for Rockefeller plus something else.”

“A two-year delay by itself does nothing except kick the can down the
road. What is needed is for the agency’s ability to do certain things
relative to GHG emissions to be checked for some time longer than that,
or for the issue to be teed up for the 2012 elections,” this source
said.

But one Senate Democratic aide said the dueling bills make it less likely that climate regulation foes will find common ground. “I would say it harms the cause of those who want to diminish EPA GHG authority by splitting forces,” the aide said.

Liberal Senate Democrats, meanwhile, were quick to bash the GOP bill
Monday. Senate Environment and Public Works Committee Chairwoman
Barbara Boxer (D-Calif.) said Barrasso’s measure would shatter
bipartisan environmental efforts that date back to the late Richard
Nixon.

“Since President Nixon signed the Clean Air Act in 1970, Republicans
and Democrats in Congress have worked together to protect American
families from dangerous pollution,” Boxer said in a statement.

“The Republican effort now to turn their back on the health of the
American people will be resisted by those of us who believe it is our
responsibility to make life better for the people we serve,” she added.

ON TAP TUESDAY

U.S. Chamber of Commerce to lay out energy agenda

The U.S. Chamber’s Institute for 21st Century Energy on Tuesday will
unveil what they’re calling “a realistic energy plan that will feature
a more practical approach to our nation’s energy challenges.”

“Our plan focuses on five top items with bipartisan support that
Congress and the Administration can get to work on right away that will
make a real difference in our energy future,” said Matt Letourneau, a
spokesman for the Institute.

Letourneau said the group won’t just let the plan collect dust. “We’ll be launching the second phase of our Energy Reality Tour with
stops across the country to build support for our plan from the
business community, and we look forward to working with Congress and
the Administration in the coming months to see action on these items,”
he said.

Nuke waste panel to meet

A body that the Obama administration created to advise the Energy
Department on nuclear waste policy — called the Blue Ribbon Commission
on America’s Nuclear Future — hold its next meeting in Washington, D.C.
on Tuesday and Wednesday.

The group is exploring long-term waste solutions now that the White
House has walked away from the planned high-level waste dump at Yucca
Mountain in Nevada.

State energy officials to hear from Obama administration officials

The National Association of State Energy Officials continues its
meeting in Washington, D.C. Tuesday. The group is slated to hear from
several Energy Department officials and Gina McCarthy, who is EPA’s top
air pollution regulator.

NEWS BITES

Administration outlines new mine safety rules

The Obama administration laid out more stringent mine safety rules Monday.

The Department of Labor’s Mine Health and Safety Administration said it will propose regulations meant to expedite “pattern of violations” procedures, which are meant to identify serious safety problems at mines and enable regulators to take action against repeat violators.

“As I’ve said many times before, the current POV system is broken, and this regulation is the next critical step in reforming the enforcement program under the existing statute,” Joseph Main, assistant secretary of labor for mine safety and health, said in a statement. “It would require mine operators to be much more proactive in monitoring their compliance performance.”

Bingaman: Obama proposal to cut oil industry tax breaks won’t gain traction

Senate Energy and Natural Resources Committee Chairman Jeff Bingaman (D-N.M.) said Monday that President Obama’s proposal to repeal billions of dollars in industry tax breaks is unlikely to gain support in Congress.

“I would be surprised if it got a great deal of traction in the 112th Congress,” Bingaman said Monday.

Obama administration to ‘mentor’ clean tech startups

Under the Obama administration’s new “Startup America” initiative, the Small Business Administration and the Department of Energy will launch a program to mentor clean energy startups.

Here’s more from a White House fact sheet on the initiative.

FEMA warns Midwest to be prepared for massive storm

A massive winter storm is supposed to pound the Midwest this week. And Federal Emergency Management Agency Administrator Craig Fugate is warning Americans to be prepared.

“Already this winter we’ve seen how snow and ice can knock out power and affect transportation,” Fugate said in a statement. “If you haven’t already, take steps now to get your homes and families ready, and be sure to check on your neighbors, especially the elderly and young children — those who can be most vulnerable during emergencies.”

Industry attorney says House Dems present ‘revisionist history’ or ‘fracking’ rules

Bracewell and Giuliani Attorney Matt Armstrong said Monday that an investigation by Rep. Henry Waxman (D-Calif.) and other House Democrats into the use of diesel fuel in hydraulic fracturing is misleading. In a letter to EPA Administrator Lisa Jackson Monday, the lawmakers said oil and gas services companies might be breaking the law by not securing permits for the use of diesel fuel in a drilling practice called hydraulic fracturing, or “fracking.”

In an email, Armstrong said:

“Waxman’s letter does nothing to square the fact that the data cited is from 2005-2009 and EPA’s first public statement to the effect that it would require a permit under the SDWA [Safe Drinking Water Act] was in June 2010. Prior to June 2010, EPA’s public position was that federal SDWA regulations did not expressly address or prohibit the use of diesel fuel in fracturing fluids. Waxman’s letter thus rests on a revisionist history of EPA’s regulation in this area.”

IN CASE YOU MISSED IT…

We reported Monday on the White House messaging battle over its “clean energy standard,” as well as an upcoming Senate hearing on ethanol. We also told you about the findings of an investigation by House Democrats on hydraulic fracturing and the oil industry’s new argument for loosening upcoming rules on disclosing payments to foreign governments.

Then we gave you a rundown of Bingaman’s energy priorities for the 112th Congress. We also told you about two new bills to limit EPA’s climate rules: one from Barrasso and one from Rockefeller.

And, for good measure, we told you about the oil implications of the unrest in Egypt, Bono’s foray into the energy policy world and a senior House Democrat’s efforts to get copies of industry groups’ replies to Rep. Darrell Issa (R-Calif.) on burdensome Obama administration regulations.

Please send tips and comments to Ben Geman, ben.geman@digital-staging.thehill.com, and Andrew Restuccia, arestuccia@digital-staging.thehill.com.

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