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Wednesday, December 15, 2010

Agriculture and Greenhouse Gases


Claudia Copeland
Specialist in Resources and Environmental Policy

Megan Stubbs
Analyst in Agricultural Conservation and Natural Resources Policy

Kelsi Bracmort
Analyst in Agricultural Conservation and Natural Resources Policy


This report examines the implications for agriculture of the ongoing but inconclusive debate about global climate change. In that debate, agriculture’s role is multifaceted. Agriculture is both a source of several greenhouse gases (GHGs) and a “sink” for absorbing carbon dioxide, the most common GHG, thereby partly offsetting emissions. Overall, agriculture is a comparatively modest source of U.S. GHG emissions: it accounts for approximately 7% of U.S. emissions, while sectors such as transportation and electricity generation account for much larger shares. Agriculture’s GHG emissions are principally in the form of methane and nitrous oxides emissions.

Whatever the current or future Congresses may do regarding climate legislation, interest in existing and prospective responses by government and others will continue. Administration efforts to develop policies and strategies to address GHGs and climate change have been underway for some time. Two actions by the Environmental Protection Agency (EPA) have drawn the attention of the agriculture industry. One is regulating emissions of GHGs under the Clean Air Act (CAA) and subsequent GHG emission standards for new motor vehicles which, in turn, trigger certain CAA permitting requirements. A second, related action is a rule to require reporting of GHG emissions by certain facilities. Regarding both, EPA took steps to focus on the largest emitters and ensure that few agricultural sources would be subject to new GHG requirements. Still, EPA’s overall initiatives have been widely criticized, and the 111
th Congress intervened through a funding bill to largely exclude agriculture from EPA’s regulatory requirements. During the 111th Congress, the House passed a comprehensive climate change bill (H.R. 2454), and a Senate committee reported a companion (S. 1733). Although no legislation was enacted, both bills included provisions excluding agriculture from regulatory requirements and promoting agricultural practices to reduce or offset emissions from regulated sources.

Traditionally, practices such as conservation tillage have been used for soil conservation and water quality improvement, but their value for climate change abatement or mitigation is receiving increased attention. A number of strategies, technologies, and practices exist to reduce methane and nitrous oxides emissions at the farm level, but implementation faces financial and monitoring challenges.

Programs administered by the U.S. Department of Agriculture (USDA) provide financial incentives and technical assistance to encourage implementation of certain farming practices. While the focus of most programs is not on GHG emission reduction, USDA is giving greater attention to GHGs in administering its suite of existing programs.

Results of the 2010 congressional elections have altered political dynamics in Congress on many issues, and leadership of both political parties have indicated that neither currently plans to pursue comprehensive approaches to addressing climate change in the 112
th Congress, although some elements of previous proposals may move through the legislative process. How agriculture fits in these discussions—both as a source of GHG emissions and contributions that the sector can make to mitigating climate change—has drawn interest in the past and likely will do so again.


Date of Report: December 10, 2010
Number of Pages: 27
Order Number: R41530
Price: $29.95

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Environmental Activities of the U.S. Coast Guard


Jonathan L. Ramseur
Specialist in Environmental Policy

The U.S. Coast Guard’s environmental activities focus on prevention programs, accompanied by enforcement and educational activities.

A key component of the Coast Guard’s environmental activities involves maritime oil spill prevention. As required by several environmental statutes, including the Clean Water Act and the Oil Pollution Act, the Coast Guard’s pollution preparedness and response activities aim to reduce the impact of oil and hazardous substances spills. Related to this duty, the Coast Guard inspects U.S. and foreign-flagged ships to ensure compliance with U.S. laws and international agreements. In addition, the Coast Guard’s National Pollution Funds Center (NPFC) manages the Oil Spill Liability Trust Fund (OSLTF), which is primarily used to finance prompt responses to oil spills and to reimburse parties for applicable costs associated with oil spills (e.g., cleanup costs, natural resource damages, economic losses).

The Coast Guard’s approach to marine debris (e.g., discarded fishing lines or nets) is preventive, promoting compliance by boarding and inspecting vessels, and working with local port agencies to ensure there are facilities to receive garbage from vessels. With other agencies, the Coast Guard monitors and measures marine debris.

The Coast Guard has a history of scientific study dating back to the 1880s, but its current role is that of a facilitator, supporting the scientific efforts of other groups. The Coast Guard operates three icebreakers in the Arctic and Antarctic, and provides supplies to remote stations.

Coast Guard operations must comply with applicable environmental laws. Requirements include air emission standards and waste management.



Date of Report: December 6, 2010
Number of Pages: 9
Order Number: RS22145
Price: $19.95

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Sunday, December 12, 2010

Federal Agency Actions Following the Supreme Court’s Climate Change Decision: A Chronology

Robert Meltz
Legislative Attorney/Acting Section Research Manager

On April 2, 2007, the Supreme Court rendered one of its most important environmental decisions of all time. In Massachusetts v. EPA, the Court held that greenhouse gases (GHGs), widely viewed as contributing to climate change, constitute “air pollutants” as that phrase is used in the Clean Air Act (CAA). As a result, said the Court, the U.S. Environmental Protection Agency (EPA) had improperly denied a petition seeking CAA regulation of GHGs from new motor vehicles by saying the agency lacked authority over such emissions.

This report presents a chronology of major federal agency actions taken in the wake of Massachusetts v. EPA. Most of the listed actions trace directly or indirectly back to the decision— EPA’s “endangerment finding” for GHGs from new motor vehicles, the agency’s proposed standards for such vehicles, its interpretation of the phrase “subject to regulation” (the CAA trigger for requiring “best available control technology” in “prevention of significant deterioration” areas), guidance for determining best available control technology, and the “tailoring rule” (limiting the stationary sources that initially will have to install best available control technology and obtain CAA Title V permits). A few agency actions were included solely because of their relevance to climate change and their post-Massachusetts occurrence—for example, EPA’s responses to California’s request for a waiver of CAA preemption allowing that state to set its own limits for GHG emissions from new motor vehicles, and EPA’s monitoring rule for GHG emissions.

More analytical treatment of the government actions in this report may be found in CRS Report RL32764, Climate Change Litigation: A Survey, by Robert Meltz; CRS Report R40984, Legal Consequences of EPA’s Endangerment Finding for New Motor Vehicle Greenhouse Gas Emissions, by Robert Meltz; CRS Report RS22665, The Supreme Court’s Climate Change Decision: Massachusetts v. EPA, by Robert Meltz; CRS Report R40585, Climate Change: Potential Regulation of Stationary Greenhouse Gas Sources Under the Clean Air Act, by Larry Parker and James E. McCarthy; and CRS Report R40506, Cars, Trucks, and Climate: EPA Regulation of Greenhouse Gases from Mobile Sources, by James E. McCarthy.



Date of Report: December 3, 2010
Number of Pages: 10
Order Number: R41103
Price: $19.95

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Wednesday, December 8, 2010

Water Quality Bills in the Remainder of the 111th Congress

Claudia Copeland
Specialist in Resources and Environmental Policy

The Senate and House could consider a number of water quality bills some time during the remaining days of the 111th Congress. Recent press reports have indicated that legislators, especially in the Senate, are seeking to gather support for several bills, possibly packaged with others dealing with public lands and wildlife protection. This report describes 10 water quality bills pending in the Senate that could be candidates for consideration during the lame duck session of the 111th Congress.

All of the water quality issues discussed below have been highlighted in recent press reports for inclusion in a package. All but one would amend the Clean Water Act (CWA), and all were approved by the Senate Environment and Public Works Committee in recent weeks. Similar House bills have been introduced for all but one of the Senate measures discussed in this report, and the House has passed two of them. With the exception of a bill on Chesapeake Bay, the individual bills are not likely to be considered controversial. Most of the individual bills would either reauthorize existing CWA provisions that address water quality concerns in specified geographic areas, or would establish similar provisions for other regions or watersheds. These water quality issues and related 111
th Congress bills are: 
  • Estuaries under the CWA’s National Estuary Program (H.R. 4715), 
  • Chesapeake Bay (S. 1816), 
  • Columbia River Basin (S. 3550), 
  • Great Lakes (S. 3073 and S. 933), 
  • Gulf of Mexico (S. 1311), 
  • Lake Tahoe (S. 2724), 
  • Long Island Sound (S. 3119), 
  • Puget Sound (S. 2739), and 
  • San Francisco Bay (S. 3539). 
The descriptions in this report are based on bills as reported by the Senate Environment and Public Works Committee, although if any of the bills were to receive further consideration, provisions could differ from the reported version or amendments offered. Further, if the Senate or House were to consider a group of water quality bills, the package might include more or fewer than those discussed here. Also, whether sufficient time remains for necessary action by both the Senate and House is highly uncertain. .


Date of Report: December 3, 2010
Number of Pages: 10
Order Number: R41517
Price: $29.95

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Thursday, December 2, 2010

Mountaintop Mining: Background on Current Controversies


Claudia Copeland
Specialist in Resources and Environmental Policy

Mountaintop removal mining involves removing the top of a mountain in order to recover the coal seams contained there. This practice occurs in six Appalachian states (Kentucky, West Virginia, Virginia, Tennessee, Pennsylvania, and Ohio). It creates an immense quantity of excess spoil (dirt and rock that previously composed the mountaintop), which is typically placed in valley fills on the sides of the former mountains, burying streams that flow through the valleys. Critics say that, as a result of valley fills, stream water quality and the aquatic and wildlife habitat that streams support are destroyed by tons of rocks and dirt. The mining industry argues that mountaintop mining is essential to conducting surface coal mining in the Appalachian region and that surface coal mining would not be economically feasible there if producers were restricted from using valleys for the disposal of mining overburden.

Mountaintop mining is regulated under several laws, including the Clean Water Act (CWA) and the Surface Mining Control and Reclamation Act (SMCRA). In June 2009, officials of the Environmental Protection Agency (EPA), the U.S. Army Corps of Engineers (Corps), and the Department of the Interior signed a Memorandum of Understanding outlining a series of administrative actions under these laws to reduce the harmful environmental impacts of mountaintop mining and surface coal mining in Appalachia. The plan includes a series of nearterm and longer-term actions that emphasize specific steps, improved coordination, and greater transparency of decisions. The actions are being implemented through regulatory proposals, guidance documents, and review of pending applications for permits to authorize surface coal mining operations in Appalachia. This report provides background on regulatory requirements, controversies and legal challenges to mountaintop mining, and recent actions and proposals by the Administration. Congressional attention to these issues also is discussed, including legislation in the 111
th Congress that seeks to restrict the practice (H.R. 1310, the Clean Water Protection Act, and S. 696, the Appalachia Restoration Act) and other legislation seeking to block the Administration’s regulatory actions (H.R. 6113 and S. 3933, the Electricity Reliability Protection Act of 2010).


Date of Report: November 22, 2010
Number of Pages: 16
Order Number: RS21421
Price: $29.95

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