Political Context
The Senate adjourned for its August recess without considering any energy or climate legislation. Majority Leader Reid, D-NV, strove to pass an energy bill focused on off-shore oil drilling and the Gulf spill response. Time and politics won out, with the Senate adjourning following the confirmation of Elena Kagan to the U.S. Supreme Court. The House did pass an oil-spill related energy bill before leaving for the August recess.
NAFO still expects the Senate could consider some sort of energy bill prior to the election. What form that takes will be shaped in large part to what Senators hear from constituents while they are home in August and the status of the oil spill containment and cleanup efforts in the Gulf. While a variety of national interest groups are pushing for various provisions, from a renewable electricity standard to cap-and-trade, the voices from home will be the most influential. If the Senate does not take up an energy bill prior to the election, Senator Reid may wait until after the election during the "lame duck" to have the Senate consider broader energy and climate legislation and other "tough vote" measures. The Senate Majority Leader has already scheduled a lame-duck session starting November 15 - two weeks following the election.
Policy Update
Renewable Energy and Climate Change - Preparing for the Senate's consideration of energy and climate legislation, NAFO continues to advocate for a broad definition of qualifying renewable forest biomass for energy. In preparation for the Hill debate, and to assist NAFO members and allies, NAFO prepared a Biomass Energy Advocacy Toolkit and briefing book available on NAFO's website at www.nafoalliance.org/biomass. This makes NAFO's existing materials easy to find to address specific issues, such as the sustainability of biomass harvests or how supply and demand will change. New materials will be added as they are developed.
NAFO has also released a new white paper prepared by Forisk Consulting to answer the concerns raised by recent opposition reports suggesting that new biomass energy markets will promote unsustainable forestry and forest liquidation. The paper provides a realistic outlook on demand; how forest owners manage for the long-term; and how wood suppliers and loggers adapt to new markets incrementally. The paper is available on NAFO's website (PDF).
NAFO submitted comments to the EPA on the Identification of Non-Hazardous Secondary Materials that Are Solid Waste proposed rule. The proposed rule identifies which non-hazardous materials traditionally used to generate renewable energy for combustion are considered solid waste under the Resource Conservation and Recovery Act (RCRA). This is important because it determines if biomass boilers are regulated as a boiler or as an incinerator (a tougher, unnecessary option for biomass) under MACT.
Carbon Neutrality. - On July 30, NAFO petitioned the EPA to reconsider the final PSD Tailoring Rule and stay the implementation of the Rule pending reconsideration. In addition, on August 2, NAFO, with AF&PA, filed a petition for judicial review of the Rule with the U.S. Court of Appeals for the District of Columbia. This filing was necessary to preserve future legal options should the EPA not adequately address biomass energy in its regulation of greenhouse gas emissions.
On August 5, 2010, Dave Tenny was on a panel at the Northeast Biomass Conference and Expo in Boston. The panel discussed, "Examining the Sustainability and Carbon Neutrality of Forest-Derived Biomass." Joining Dave on the panel were representatives from the Massachusetts DOER, the Manomet Center, the Society of American Foresters, and the Forest Guild.
Environment - Senators Lincoln, D-AR, and Chambliss, R-GA, introduced legislation to clarify that Clean Water Act permits are not required to apply federally-registered pesticides under the Federal Insecticide, Fungicide and Rodenticide Act. Legal clarification is required due to a decision last year by the Sixth U.S. Circuit Court of Appeals that struck down an EPA rule. Earlier this year, the Supreme Court declined to review the ruling in National Cotton Council v. EPA. NAFO supports the legislation, S. 3735, and issued a supporting statement.
Working Forests - The Obama Administration has been holding listening sessions around the country as part of the President's America's Great Outdoors initiative. On August 9, a session was held in Concord, NH on working forests and their role in conserving America's working landscapes. The agenda focused on many of the same issues the NAFO-led Working Forests Coalition highlights in its platform . Peter Stein with The Lyme Timber Company participated in the opening panel with Secretary of Agriculture Tom Vilsack. Several NAFO members also attended to ensure that NAFO's messages on biomass energy and the Tailoring Rule, along with Coalition messages on the value of wood as a green building product and the importance of public investment in conservation, were heard by top Administration officials.
Forestry Journal
NAFO's website hosts a Forestry Journal, which highlights news stories, NAFO updates, studies, and other items that support NAFO's advocacy objectives. Recent highlights include:
Forest Products are Green - A guest op-ed in The Hill from the chairman of the Labor Management Committee makes the case that forest products, and the associated jobs, are "green jobs."
Op-Ed: A sustainable biomass plant recycles atmospheric carbon - A family forestland owner in Oregon discusses the benefits of renewable forest biomass energy.
How Green is Biomass? - Fox News answers this question, highlighting recent action taken by the EPA in its Tailoring Rule, noting it could promote fossil fuels over renewable, domestic biomass energy.
Sen. Casey expresses concern about EPA's Boiler MACT rule
Members of Congress urge EPA to change Boiler MACT Rule
Op-Ed: Seneca renewable energy plant will cut toxic emissions