Yesterday the National Association of Manufacturers and other business groups filed a brief with the federal appeals court in D.C. on Mingo Logan Coal Co. case against the Environmental Protection Agency (EPA). If you recall in early 2011 the EPA retroactively revoked a dredge-disposal permit that had been issued years before to Mingo Logan and the company was in full compliance.

In March of 2012 a federal judge ruled that EPA did not have the power to revoke the permit. This has resulted in the EPA appealing to the DC. Circuit.

The brief filed yesterday highlights how problematic and unreasonable it is for the EPA to have revoked this permit. If this EPA is allowed to modify existing permits it will discourage investments in new projects that would require similar section 404 permits.

Again this is another prime example of overreach from the EPA that will negatively impact job creation and hurt our economy.

 Read more about the case this Associated Press story.

Manufacturers continue to set ambitious goals for their sustainability programs. Last month, International Paper, announced 12 voluntary sustainability goals which included:

• 15% improvement in energy efficiency in purchased energy use;
• 20% absolute reduction in global GHG emissions associated with production; and,
• 15% global increase in third-party certified fiber volume.

Other goals focused on philanthropy, safety and water use. These benchmarks were part of International Paper’s 2011 Sustainability Report which also highlighted achievements such as an Environmental Protection Agency (EPA) Climate Leadership Award, improvements in worker safety and sustainability accolades from Fortune Magazine and the Ethisphere Institute.

In a press release, Chairman and CEO John Faraci stated, “At International Paper, sustainability is more than a business practice. Environmental, social and economic performance has been at the core of our company for more than 110 years. Stewardship of the forestland and surrounding habitat is ingrained in our company’s DNA.”

We applaud International Paper’s efforts and look forward to tracking the company’s progress as it works to achieve these sustainability goals.

Manufacturers breathed a sigh of at least temporary relief when the Environmental Protection Agency (EPA) yesterday withdrew its long-stalled Preliminary Remediation Goals (PRGs) for dioxin cleanup from review by the Office of Management and Budget (OMB).

In yet another example of EPA overreach, the Agency lowered the cleanup levels from 1,000 parts-per-trillion (ppt) to 72 ppt. This new goal was near background levels, making it almost impossible to achieve these reductions. The EPA also used questionable science to set the PRGs; the Agency essentially “cherry picked” the data to support its plan regardless of methodological flaws.

The EPA’s proposal would have had severe economic consequences if finalized. The PRG would have forced many municipalities to dig up large tracts of land – even areas that have already been cleaned up to levels approved by the U.S.
government with enormous costs and serious implications for businesses, manufacturers, homeowners and farmers. It would have also stifled brownfield redevelopment at a time when we are trying to put people back to work.

Due to effective regulation and voluntary industry environmental stewardship, the levels of dioxins found in the air, water, soil and our food, have greatly declined. In fact, dioxin emissions from municipal incinerators have declined more than 99 percent from 1987, and according to the EPA’s own analysis, U.S. dioxin emissions from man-made sources have declined by more than 92 percent since 1987.

Manufacturers are still operating under a cloud of regulatory uncertainty as the EPA tries to get it right with its PRGs for dioxin cleanup. We urge the Agency to keep the current guidelines. Any new goals that are adopted, however, should be based on sound science and have undergone a thoughtful cost-benefit analysis.

Writing in English, Juliet Eilperin of The Washington Post reports “EPA proposes stricter controls on water pollution“:

The Obama administration announced Wednesday that it will impose stricter pollution controls on millions of acres of wetlands and tens of thousands of miles of streams.

The new guidelines from the Environmental Protection Agency, which will be codified in a federal regulation later this year, could prevent the dumping of mining waste and the discharge of industrial pollutants to waters that feed swimming holes and drinking water supplies. The specific restriction will depend on the waterway.

Writing in Washington bureaucratese , the EPA announces, “Obama Administration Affirms Comprehensive Commitment to Clean Water“:

WASHINGTON – Recognizing the importance of clean water and healthy watersheds to our economy, environment and communities, the Obama administration released a national clean water framework today that showcases its comprehensive commitment to protecting the health of America’s waters. The framework emphasizes the importance of partnerships and coordination with states, local communities, stakeholders and the public to protect public health and water quality, and promote the nation’s energy and economic security.

We expect a new pronouncement of economy-sapping regulation almost every day from the EPA, but does it have to be so soul-sapping, too?

The National Association of Manufacturing’s Mahta Mahdavi explains why the proposal is the latest example of bad regulation to come from the Imperial EPA in the Shopfloor post below, “The EPA Muddies the Water With Its Clean Water Act Guidance.”

Today, the White House along with a number of agencies that included the Environmental Protection Agency (EPA), the Army Corps of Engineers (Corps) and the Department of Interior held several press briefings and industry calls on clean water policy.  In addition to these briefings and calls, the White House, along with the EPA and the Corps released two documents. 

The White released its comprehensive framework on clean water that highlights a vast number of initiatives that the Administration has either undertaken or will undertake.  The EPA and the Corps also released their joint guidance on the Clean Water Act.  This guidance would replace an earlier guidance released in 2008 by the previous administration that defined the scope of the Clean Water Act more narrowly.   The guidance expands the definition of the “waters of the United States,” and by extension the EPA’s and the Corps’ jurisdiction over these bodies of water.  Ultimately, this guidance serves as nothing but the continuation of the Administration’s burdensome environmental agenda that has been overwhelming manufacturers as they try to recover from one the hardest recessions.

President-elect Barack Obama wants to make improving America’s infrastructure – our roads, transportation systems, rails and waterways – one of his top priorities.

One group that wants to make that a reality is the The New America Foundation. Foundation Senior Fellow Michael Lind will appear on this week’s “America’s Business with Mike Hambrick” radio program to talk about why America is lagging when it comes to infrastructure.

“We’ve inherited a great 20th century infrastructure,” Lind says. “But it’s the 21st century and our competitors, including developed countries like those in Europe and Japan but also rising countries like China, invest far more than we do.”

Congress recently passed the Emergency Economic Stabilization Act of 2008 to help pull our economy out of recession. That law includes several tax provisions that could help manufacturers through this rough economic period.

National Association of Manufacturers Vice President of Tax and Domestic Economic Policy Dorothy Coleman will explain these tax provisions to listeners. Meanwhile, Ace Clearwater Enterprises Vice President Gary Johnson and Bill Morin, Director of Government Affairs for Applied Materials, will talk about how the tax provisions specifically benefited their companies.

There was recently a major development in developing more nuclear power in America. Jarret Adams, spokesman for Areva Corp., will join Mike to discuss his company’s partnership with Northrop Grumman on a new nuclear reactor supply plant in Virginia.

Going green is a trendy thing to do. But did you know being more environmentally responsible and energy efficient can also help manufacturers save some green cash, too? Coachmen Industries Inc. Vice President Tom Gehl will talk about how going green with a line of recreational vehicles has helped the company become more environmentally responsible and reduce expenses.

In our regular segments, Renee Giachino of American Justice Partnership gives us the latest on tort reform and commentator Hank Cox recalls “The Way It Was.” And the National Association of Manufacturers President Gov. John Engler will close the program with “The Last Word.”

For more about “America’s Business with Mike Hambrick” and to listen to the program online, please click here. And for video highlights and more, check out www.americasbusiness.org.

Congressman Dave Reichert (R-WA), a guest on this week’s “America’s Business with Mike Hambrick” radio program, is one of the strongest supporters of free and fair trade in Congress.

It’s not difficult to find out why. One out of three jobs in Washington State is linked to trade. That’s why Reichert is so disappointed Congress is not moving to approve more free trade deals with Colombia, Panama and South America. The United States should be using trade to create jobs and shape global economic policy and not sit on the sidelines, he says.

“We are in a global economy. I think most people recognize that,” he says. “There is no going back now. And what we should be doing as a country is focusing on how we as Americans define the global economy.”

The 2008 Olympic Games in Beijing are dominating the news. We’ll get an on-the-scene look at the games from Behlen Manufacturing Company Chief Executive Tony Raimondo.

More American manufacturers say they want to do more production at home and not overseas. We’ll talk about that phenomenon with Industry Week reporter Jonathan Katz.

Gas prices dropped a bit but manufacturers and most Americans are still worried by high energy prices. National Association of Manufacturers Vice President of Energy and Resources Policy Keith McCoy will join us to talk about what Congress could do this fall on energy policy.

And NAM Executive Vice President Jay Timmons, who has been deeply involved in the national political scene for years, will talk about environmental issues manufacturers should keep an eye on in the weeks and months ahead.

In our regular segments, Renee Giachino of American Justice Partnership gives us the latest on tort reform and commentator Hank Cox recalls “The Way It Was.” And our program will close with “The Last Word” from the National Association of Manufacturers President Gov. John Engler.

For more about “America’s Business with Mike Hambrick” and to listen to the program online, please click here. And for video highlights and more, check out http://www.americasbusiness.org.