Climate Document Produced At Recent Bonn Summit

Delegates from more than 100 nations concluded 12 days of talks on the next climate change treat in Bonn, Germany this week and produced a 200-page document will serve as a starting point for treaty negotiations that open in Copenhagen, Denmark in December. Executive Secretary of the United Nations Framework Convention on Climate Change Yvo de Boer, left, believes participating governments can reach an agreement to go beyond the 1997 Kyoto Protocol, a climate-change agreement that set emissions targets for industrialized nations. Many of those goals have not been met, and the United States never ratified the treaty. [Bonn Climate Change Talks 2009]

The document outlines proposals for cutting emissions of heat-trapping gases by rich countries and limiting the growth of gases in the developing world. It also discusses ways of preventing deforestation and providing financing for poorer nations to help them adapt to warmer temperatures. Many environment advocates are dissatified with the document. No news there. Representatives of poor countries believe developed nations have not made an adequate commitment to reduce their emissions.

The United States and China, which jointly produce 40 percent of the world’s heat-trapping emissions. (In declining to ratify the 1997 Kyoto Protocol, the United States cited China and India’s lack of participation.) (WSJ, 6/12/09)

Center Supports President Obama's Health Care Plan

We support President Obama's Health Care Plan because it improves on our current system, which is already the best health care system in the world. Unfortunately, too many people fall through the cracks without health insurance. That is the true power behind the president's plan: to put more competition into the health insurance marketplace to get insurance premiums down so more people will have health insurance and thus access to good health care.

Just as the president is aggressively addressing our energy and environmental concerns, so too is he getting to the root of protecting human health. And we know that this is personal for him because of the experience of his mother. It is personal for us too.

Some of the president's statements:

"For the government, the growing cost of Medicare and Medicaid is the biggest threat to our federal deficit, bigger than Social Security, bigger than all the investments that we've made so far."

"I know that there are millions of Americans who are happy, who are content with their health care coverage -- they like their plan, they value their relationship with their doctor. If you like your doctor, you'll be able to keep your doctor; if you like your health care plan, you'll be able to keep your health care plan."

"And we should change the warped incentives that reward doctors and hospitals based on how many tests and procedures they do. Doctors didn't get into the medical profession to be bean counters or paper pushers. They're not interested in spending all their time acting like lawyers or business executives. They became doctors to heal people, and that's what we have to free them to be able to do."

"So what we're working on is the creation of something called the Health Insurance Exchange, which would allow you to one-stop shop for a health care plan, compare benefits and prices, choose the plan that's best for you."

"I also strongly believe that one of the options in the Exchange should be a public insurance option. And the reason is not because we want a government takeover of health care -- I've already said if you've got a private plan that works for you, that's great. But we want some competition. If the private insurance companies have to compete with a public option, it'll keep them honest and it'll help keep their prices down."

(The White House)

Center & EPA Recommendations For Analog TVs

After June 12, 2009 all full power television stations will only broadcast in digital signals. EPA and the Center are encouraging all U.S. citizens who own an analog TV set and who receive free broadcasts (via rabbit ears or a roof-top antenna) to extend the life of their TV by subscribing to a paid TV service or connecting it to a converter box. Energy Star-qualified digital converter boxes are available for purchase. For consumers who choose to buy a new TV, it is recommended to purchase Energy Star-qualified sets. Consumers should also recycle their unwanted TVs, which recovers valuable materials from the circuit boards, metal wiring, leaded glass, and plastics.

Last year Americans disposed of more than 20 million TVs, which represents a lost opportunity to conserve natural resources such as copper and iron. Consumers who are interested in recycling their old TVs can contact their local household hazardous waste collection and recycling program to find out whether they will be sponsoring an upcoming recycling event. EPA is working through its Plug-In To eCycling program to promote the environmental benefits of recycling and provide the public with information on safely reusing and recycling obsolete electronics products, including televisions, computers, and cell phones. Plug-In To eCycling is a partnership between EPA and electronic manufacturers and retailers to offer consumers more opportunities to donate or recycle their used electronics. More info

EP&W Committee Approve Peter Silva & Stephen Owens

The Senate Environment and Public Works Committee approved Peter Silva as EPA's Assistant Administrator for Water and Stephen Owens to be the agency's Assistant Administrator for Prevention, Pesticides and Toxic Substances. They now face confirmation by the full Senate.

Silva, left, was appointed to the California Water Resources Control Board in 2000. Prior to joining the Board, he served as general manager of the Border Environment Cooperation Commission in Ciudad Juarez, Mexico since 1997. Silva was appointed by President Clinton to serve on the Board of Directors of the Commission in 1994. The Commission was created under NAFTA to assist border communities in developing and constructing environmental infrastructure projects. Silva was deputy director of the Public Water Utility of the San Diego Water Department from 1992 to 1997, and assistant deputy director for the San Diego Clean Water Program from 1987 to 1992. Previously, he was the resident engineer for the International Boundary and Water Commission from 1983 to 1987. He is a registered civil engineer and a member of the American Society of Civil Engineers and the American Water Works Association. Silva, 51, is a resident of San Diego. He holds a Bachelor of Science degree in Civil Engineering from California Polytechnic University, Pomona. [Ofc of the Governor, California]

Mr. Owens, right, was appointed director of the Arizona Department of Environmental Quality by Governor Janet Napolitano in January 2003. Before joining ADEQ, Mr. Owens was a practicing environmental attorney in Phoenix for 14 years. Mr. Owens graduated with honors from Brown University in 1978 and received his law degree in 1981 from Vanderbilt Law School, where he was editor in chief of the Vanderbilt Law Review. From 1982-84 Mr. Owens served as counsel to the Subcommittee on Investigations and Oversight of the U.S. House of Representatives Committee on Science and Technology. From 1985-88, he was chief counsel and later state director for then U.S. Senator Al Gore. Mr. Owens has served on numerous environmental panels, including the EPA's Clean Air Act Advisory Committee, the Phoenix Environmental Quality Commission and the Joint Public Advisory Committee of the North American Commission on Environmental Cooperation, which reviews environmental matters arising under the North American Free Trade Agreement (NAFTA). Mr. Owens also has written and lectured on Arizona environmental law. [See also Water & Wastewater]

Obama Admin Plans Mitigation of Mountaintop Removal

Obama Administration officials announced today that they are taking unprecedented steps to reduce the environmental impacts of mountaintop coal mining in the six Appalachian states of Kentucky, Ohio, Pennsylvania, Tennessee, Virginia, and West Virginia through a coordinated approach between the Environmental Protection Agency (EPA), Department of the Interior (DOI) and Army Corps of Engineers. Through a Memorandum of Understanding (MOU) signed by Lisa P. Jackson, Administrator of the Environmental Protection Agency; Ken Salazar, Secretary of the Interior; and Terrence “Rock” Salt, Acting Assistant Secretary of the Army for Civil Works. The administration will implement an Interagency Action Plan on mountaintop coal mining that will:

1) Minimize the adverse environmental consequences of mountaintop coal mining throughshort-term actions to be completed in 2009;

2) Undertake longer-term actions to tighten the regulation of mountaintop coal mining;

3) Ensure coordinated and stringent environmental reviews of permit applications under the Clean Water Act (CWA) and Surface Mining Control and Reclamation Act of 1997 (SMCRA);

4) Engage the public through outreach events in the Appalachian region to help inform thedevelopment of Federal policy; and

5) Federal Agencies will work in coordination with appropriate regional, state, and local entities to help diversify and strengthen the Appalachian regional economy and promote the health and welfare of Appalachian communities.

In close coordination, EPA, DOI, and the Corps will take several short-term actions to reform the regulation of mountaintop coal mining under the two primary environmental laws governing this mining practice.The Army Corps of Engineers and the Environmental Protection Agency will take immediate steps under the CWA to minimize environmental harm by taking the following actions in 2009:

1) Requiring more stringent environmental reviews for future permit applications for mountaintop coal mining;

2) Within 30 days of the date of the MOU, the Corps will issue a public notice (pursuant to 33 C.F.R. § 330.5) proposing to modify Nationwide Permit (NWP) 21 to preclude its use to authorize the discharge of fill material into streams for surfacecoal mining activities in the Appalachian region, and will seek public comment onthe proposed action;

3) Strengthening permit reviews under CWA regulations (Section 404(b)(1)) to reduce theharmful direct and cumulative environmental impacts of mountaintop coal mining on streamsand watersheds;

4) Strengthening EPA coordination with states on water pollution permits for discharges fromvalley fills and state water quality certifications for mountaintop coal mining operations; and

5) Improving stream mitigation projects to increase ecological performance and compensate for losses of these important waters of the United States.

The Department of Interior will also take the following steps:

1) Reevaluate and determine how the Office of Surface Mining Reclamation and Enforcement(OSM) will more effectively conduct oversight of state permitting, state enforcement, andregulatory activities under SMCRA;

2) Ensure the protection of wildlife resources and endangered species by coordinating thedevelopment of CWA guidance with the U.S. Fish and Wildlife Service (FWS); and

3) If the U.S. District Court vacates the 2008 Stream Buffer Zone Rule, as requested by the Secretary of the Interior on April 27, 2009, Interior will issue guidance clarifying theapplication of stream buffer zone provisions in a preexisting 1983 SMCRA regulation toensure mining activities will occur in a more environmentally protective way in or nearAppalachian streams.

Concurrent with these short-term actions, the three agencies will embark on a comprehensive, coordinated review of their existing respective regulations and procedures governing mountaintop coal mining under existing law. The agencies will also create an interagency working group to promote ongoing Federal collaboration and ensure the Action Plan achieves results. As these reforms are implemented, the agencies will seek to involve the public and guide Federal actions through robust public comment and outreach. EPA and the Army Corps of Engineers are today taking steps to enhance coordination in the environmental review of pending Clean Water Act permits for surface coal mining activities inAppalachian States.

Administrator Jackson and Acting Assistant Secretary Salt have directed EPAand Corps field offices to coordinate under new procedures to ensure Clean Water Act permit decisions are fully consistent with sound science and the law, reduce adverse environmental impacts,provide greater public participation and transparency, and address pending permits in a more timelymanner. The Federal agencies will also work in coordination with appropriate regional, state, and local entities to help diversify and strengthen the Appalachian regional economy and promote the healthand welfare of Appalachian communities. This interagency effort will have a special focus onstimulating clean enterprise and green jobs development, encouraging better coordination among existing federal efforts, and supporting innovative new ideas and initiatives.

Maryland PSC: More Review of France Nuclear Proposal

The Maryland Public Service Commission (PSC) has ordered further review of Constellation Energy Group Inc.'s plan to sell half its nuclear business to Electricité de France SA (EdF).

Besides buying half of Constellation's nuclear-power business for $4.5 billion, EDF has an option to buy up to $2 billion of Constellation Energy's nonnuclear power plants. The Center was not aware of this provision. Although we have supported the purchase by EdF up to this point, this new information is something that we will have to consider.

The $4.5 billion deal would give the French state-controlled company "substantial influence" over Constellation Energy's regulated utility, Baltimore Gas & Electric Co. The commission ordered additional review to determine if the deal is in the public interest. The MD PSC has not decided whether the deal should go through.

EdF is one of Constellation Energy's largest shareholders and has a joint venture with the company to build new nuclear power plants in the U.S. In addition to the Calvert Cliffs plant in Maryland, Constellation also owns and operates two reactors at Nine Mile Point and one reactor at R.E. Ginna in upstate New York.

The proposed transaction has won approval from the U.S. Federal Energy Regulatory Commission and New York state regulators, but awaits a decision from the U.S. Nuclear Regulatory Commission. (WSJ, 6/11/09)

Maryland PSC Commissioners

Republicans Offer Alternative Energy Bill: DOA

House Republicans have introduced an energy bill, know as the America Energy Act, as an alternative to the Democratic plan sponsored by Representatives Henry A. Waxman of California and Edward J. Markey of Massachusetts. The Waxman-Markey bill passed the Energy and Commerce Committee last month on a 33-to-25 vote.

The Republican proposal, drafted by a group led by Representative Mike Pence of Indiana, relies heavily on nuclear power, setting a goal of building 100 reactors over the next 20 years. The bill provides incentives for increased oil and gas production on public and private lands and offshore. It would also authorize oil drilling in the Arctic National Wildlife Refuge in Alaska.

The Republican measure does not include any mandatory cap on emissions of heat-trapping gases, relying instead on nuclear power, natural gas and renewable fuels like wind, solar and biomass power to reduce production of the gases.

The Democratic measure is expected to be voted on by the full House before the July 4 Congressional recess. (NYT, 6/9/09)

Meeting With EPA Administrator Lisa P. Jackson

PRESIDENT'S CORNER

By Norris McDonald

I met with EPA Administrator Lisa P. Jackson on Tuesday in her office at the agency headquarters in Washington, D.C. We discussed local, state, regional, national and international issues. I appreciate that the adminstrator took time from her super busy schedule to listen to my input. We have met numerous times on Capitol Hill but this was our first time sharing quality time.

Although I have been around town for 30 years, these are the most exciting times ever. And Lisa P. Jackson only ups the ante. I simply hope to provide some small measure of assistance to assure that she is successful in protecting our environment.

Atlanta GreenBusiness Works Announces EXPO 2009

The second annual GreenBusiness Works EXPO 2009 – a major educational conference and EXPO for businesses and communities throughout the southeast – will focus on sustaining sustainability through best practices demonstrating that going green can save green. The EXPO takes place September 2-3 at the Cobb Galleria Centre. Because of today’s financial climate and GreenBusiness Works’ commitment to helping organizations develop sustainable business practices which benefit the environment, EXPO 2009 is dedicated to helping organizations learn no cost/low cost methods to help them go, stay and save green.

GreenBusiness Works EXPO has already lined up an impressive roster of exhibitors. Last year’s EXPO had over 60 diverse exhibitors and this year’s is expected to have even more. A number of attendees last year developed significant business relationships at the EXPO and report that they are still doing business with contacts made there.

GreenBusiness Works EXPO’s breakout session tracks this year focus on no cost/low cost initiatives organizations can implement to reduce expenses. Organizations interested in the basics and how to get started can attend one of several Sustainability 101 sessions designed to support those just beginning or new to sustainability. Sessions will include updates on carbon emissions, legislation and policy and will be designed to keep business attendees informed about the latest Washington policies and issues, including new mandates and pending legislation concerning carbon emissions, trading, offsets and emissions.

Overarching session themes are as follows:

Existing Buildings sessions will help attendees discover how renovating green can reduce the bottom line costs.
Renewable Energy, Technology and Energy Conservation sessions will feature subject matter experts who will provide an overview of the latest data and information in renewable energy and the products that are coming to market to support renewable energy use.
Clean Water and Water Conservation sessions will cover specific strategies focused on new technologies targeting both mitigation and adaptation from xeriscaping to rain harvesting to grey water usage.
Waste Minimization, Management, Reuse of Materials, and Recycling sessions will feature industry experts who will focus on the current trends, issues and opportunities facing both the private and public sectors.
Logistics – Greening Your Plant, Warehouse and Fleet topics will include how to set a realistic, logistics greening agenda for your facility, fleet, warehouse or plant while reducing expenses to save money.
Finally, Supply Chain Management sessions will teach attendees how a green SCM policy will save money, reduce harmful environmental impacts and improve worker safety.

More about the EXPO (register to attend), or call 404-668-3616.

Center Opposes Expanded Offshore Oil Drilling

The Senate Energy and Natural Resources Committee voted 13-10 to approve Senator Byron Dorgan's (D-N.D.) plan to allow expanded oil and gas leasing as close as 45 miles from Florida's coast. If kept in the climate/energy legislation, this amendment would upend a 2006 compromise with Florida senators that provided their state at least a 125-mile buffer in most areas until mid-2022.

The Center opposes this amendment and expanded offshore oil drilling.
(NYTimes, 6/9/09)

Hearing on Renewable Fuel & Directive On Biofuels

EPA will hold a public hearing on Tuesday, June 9, regarding the agency’s proposed strategy for increasing the supply of renewable fuels, poised to reach 36 billion gallons by 2022. The hearing is an opportunity for stakeholders and members of the public to voice their opinions on the proposal. EPA will consider written comments submitted during the public comment period with the same weight as oral comments presented during the public hearing.

WHO: EPA
WHAT: Public hearing on the proposed increase in the supply of renewable fuels as mandated by the Energy Independence and Security Act of 2007.
WHEN: Tuesday, June 9, 10:00 a.m. until the last speaker testifies.
WHERE: The Dupont Hotel, 1500 New Hampshire Avenue Northwest, Washington, D.C. 20036, 202-483-6000.

More information on the proposal and how to submit written comments

Also:

Responding to President Obama's directive to expedite and increase the production of biofuels, Agriculture Secretary Tom Vilsack today announced that USDA met its 30-day deadline to help produce more energy from homegrown, renewable sources. On May 5, President Obama asked USDA to expedite the biofuels provisions of the energy title of the 2008 Farm Bill within 30 days, including the following:

1) Providing loan guarantees and grants for biorefineries;

2) Expediting funding to encourage biorefineries to replace the use of fossil fuels in plant operations;

3) Expediting funding to encourage production of next-generation biofuels;

4) Expanding the Rural Energy for America Program; and

5) Providing guidance and support for collection, harvest, storage, and transportation in biomass conversion facilities.

Details about USDA's recent efforts to support the biofuels industry are:

A. Loan Guarantees for Biorefineries.

B. USDA is currently reviewing a $25 million loan guarantee application to retrofit a biodiesel refinery to produce second-generation biofuels. The funding of this venture will be the second such guarantee to be funded under the 2008 Farm Bill. In January, USDA awarded an $80 million loan guarantee for the production of cellulosic ethanol. A second round of applications received as part of an April 30, 2009 solicitation for applications is currently under review. These involve second- and third-generation biofuel technologies to produce cellulosic ethanol, biodiesel, and methane gas and electricity. Awards for the second round are projected for Sept. 15, 2009 Assistance for Biorefineries Replacing Fossil Fuels. USDA will provide up to $20 million to offer financial assistance to biorefineries to replace fossil fuels used to produce heat or operate biorefineries with renewable biomass.

C. Encourage Production of Next-Generation Biofuels. USDA will provide $30 million to provide payments to eligible agricultural producers to support and ensure an expanding production of advanced biofuels.

D. Rural Energy for America Program. USDA is now accepting applications for feasibility studies, loan guarantees, and grants for renewable energy systems and energy efficiency improvements as well as for applications to conduct energy audits on behalf of agriculture producers and rural small businesses. Funds will be used to assist agricultural producers and rural small businesses by conducting energy audits and providing recommendations and information on renewable energy development assistance and improving energy efficiency. These projects - energy audits and renewable energy systems development/energy efficiency improvements assistance - are designed to help agricultural producers and rural small businesses reduce energy costs and consumption and help meet the nation's critical energy needs. More information

E. Biomass Crop Assistance Program. USDA is launching a program that will provide compensation for the collection, harvest, storage, and transportation of biomass intended to meet the country's energy needs in a more sustainable manner. The program will provide financial assistance for delivery of eligible biomass material to conversion facilities that use biomass for heat, power, bio-based products or biofuels.

F. USDA, through the Farm Service Agency, will provide matching payments for collecting, harvesting, storing and transporting eligible materials at a rate of one dollar for each dollar per dry ton paid by a qualified biomass conversion facility for the biomass. The matching payments will not exceed $45 per ton and material providers will be eligible for up to two years of payments. More information

Smith Mountain Solutions Wants Ash In Abandoned Mine

Smith Mountain Solutions, LLC has submitted a proposal for a subtitle D landfill "beneficial re-use" project to the Cumberland County Commission. The proposed project is designed to place coal combustion products (fly ash) as fill for the purpose of reclamation of approximately 300 acres of a surface coal mining operation at 6728 Smith Mountain Rd., Crab Orchard. Wright Brothers Construction, Inc. is based in Charleston, TN and is the owner of Smith Mountain Solutions, LLC.

The Center opposes the Smith Mountain Solutions, LLC proposal.

The ash would be coming from Roane County and the company has requested the county begin the permitting process under the Jackson Law. The purpose of the hearing is to fill part of the requirements of the Jackson Law and allows county commissioners to review the project and get public input and reaction to the project.

The Jackson Law [Dennis Huffer Legal Opinion] requires local approval by the county and the municipality, if any, in which a landfill is to be located that will accept municipal and county solid waste and household garbage. This law also establishes procedures for the granting of this approval. This law is a local option law for the county or municipality in question, and I will assume for purposes of this opinion that it has been locally approved by the applicable jurisdictions. The operative provision of this law that provides an exception from these requirements for private landfills is T.C.A. § 68-211-706(a):

The provisions of this part shall not apply to any private landfill which accepts solid waste solely generated by its owner and does not accept county or municipal solid waste or ordinary household garbage.

The landfill in question is proposed as a joint venture between Company A and Company B. It will accept only solid waste generated by these companies. It will not receive solid waste from any other source, including the county or municipality or households.

At a recent hearing, hundreds attended and most opposed the proposal.

The U.S. Environmental Protection Agency (EPA) has signed an enforceable agreement with the Tennessee Valley Authority (TVA) to oversee the removal of the coal ash at the TVA Kingston Fossil Fuel Plant in Roane County, where more than five million cubic yards of coal ash spilled. Under the Administrative Order and Agreement on Consent (order), which was entered into under the Superfund law, EPA will oversee the cleanup and TVA will reimburse EPA for its oversight costs. This is the real reason behind Smith Mountain Solutions, LLC's proposal. They want the Kingston, Tennessee fly ash.

The terms of the EPA order require that the disposal of coal ash from the spill meet specific protective disposal standards for landfills, such as synthetic liners, leachate collection systems and groundwater monitoring. The Tennessee Department of Environment and Conservation (TDEC) has said the fly ash is not toxic unless it is airborne or if it comes in contact with groundwater drinking supplies.

Wright Brothers Construction, Inc. and Smith Mountain Solutions, LLC started the meeting saying that Hillsborough Resources Limited has reported it has signed a Memorandum of Understanding with the Wright Brothers Construction, Inc. with respect to the sale of Crossville Coal, Inc. The sale is subject to Wright Brothers securing the contract for fly ash disposal on the Crossville mine site with TVA.

The Smith Mountain Solutions proposal at the hearing included eight main points on how the project was in compliance with the Jackson Law and how the project would be a benefit to the county and environment:

1) Coal Combustible Products, CCPs, would be the only product going into the reclamation project and it would be overseen by the TVA, EPA and TDEC. It would be a monofill landfill.
2) The method of transport would be dump trucks, which would be covered with tarps preventing any fly ash from becoming airborne.
3) The project would not produce any odor because there would be no garbage and CCPs do not have an odor. Noise will not be a major issue at Smith Mountain Solutions. 4) Impact on property values will not be negative and a study of the property values of 117 parcels of real estate indicate the values of property have increased at a rate of 16 percent.5) Smith Mountain Rd. will be improved to handle the additional volume of truck traffic on the road. A tip fee of 50 cents per ton will go to the Cumberland County Road Department fund to maintain Smith Mountain Rd.
6) Economic impact will be a benefit to the county because Smith Mountain Solutions will create approximately 100 jobs. These jobs will be mainly for truck drivers and heavy equipment operators. Tip fees will be paid to the county: $1.50 per cubic yard would be paid to Cumberland County. That could easily total more than $5 million going into the county's general fund at a rate of approximately $1.6 million per year.
7) It would be a facility for fly ash and not a surface mine and operations would not be inconsistent with existing land uses.
8) The monofill would be operated within all current and future local, state and federal regulations, according to the proposal.

Letters to the Cumberland County Commission regarding the project will be accepted until Monday, June 15, at 4:30 p.m.The full county commission will meet June 15 at 7 p.m. and a discussion regarding the proposal is on the agenda. The meeting will be in the large courtroom of the Cumberland County Courthouse. The public is welcome to attend. (Crossville Chronicle, 6/4/09)

Mike Duncan Becomes Chairman of TVA Board

The Tennessee Valley Authority (TVA) made Kentucky banker and former Republican Party chairman Mike Duncan, right, the new chariman of its board of directors. (AP)

Center Registered to Participate in RGGI Offset Program

The Center has registered to participate in the Regional Greenhouse Gas Initiative (RGGI) offset program. The Center established a Carbon Mercantile Exchange (CMX) to provide an offset trading service. The Center is also developing projects to produce greenhouse gas offsets. Our participation in the RGGI offset program will serve to enhance our efforts to mitigate global climate change and warming.

Regional Greenhouse Gas Initiative, Inc. (RGGI, Inc.) has contracted with Perrin Quarles Associates to administer RGGI COATS. The Regional Greenhouse Gas Initiative (RGGI) is a cooperative effort by participating states to reduce emissions of carbon dioxide (CO2), a greenhouse gas that causes global warming. More information RGGI, Inc. is a non-profit corporation created to provide technical and administrative services to the CO2 Budget Trading Programs of Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Rhode Island and Vermont.

Nuclear Industry 'Breaks Out' Christine Todd Whitman

During the last half of the Bush administration, Christie Todd Whitman was kept 'on ice,' by the nuclear industry for the most part, while Canadian Greenpeace founder Patrick Moore was given free reign to promote the Nuclear Energy Institute's Clean and Safe Energy Coaliton (CASEnergy Coaliton). But over the past two weeks, Whitman seems to be trumpeting Diana's Ross' "I'm Coming Out." We complained in 2008 that Whitman seemed to be missing in action over the past three years in terms of being 'out front' in promoting nuclear power. Well she aint missing now. She was on MSNBC's "Morning Joe" show last week and on C-Span's "Washington Journal" this week.

So the nuclear industry must believe that she will be more effective as a messenger to the Obama administration than under the Bush administration. It's also interesting to see Whitman take some jabs at Obama Energy Czar Carol Browner. We would pay good money to see those two in the ring. Our assessment: even money. Yet Browner is in the driver's seat in this 'former EPA diva' war right now. And they both give praise to current EPA Administrator Lisa P. Jackson.

CASEnergy Coalition is hostile to us even as we are the only environmental group in America that openly supports nuclear power. This hostility is mostly exhibited through their aggressive effort to ignore our contribution to the nuclear energy renaissance. So be it. Will President Obama be swayed by Christie Todd Whitman and Canadian Patrick Moore? Clearly the nuclear industry thinks their particular brands of prominence will influence the Obama administration to support nuclear power. There is still this small mountain to climb however: Yucca Mountain.

Be Aware

TVA Should Follow Center Advice: Process Ash On Site

The Center has proposed the best solution to TVA for mitigating the fly ash retention pond spill at Kingston, Tennessee: building a concrete production plant onsite and using the spill spoil as feedstock. Other solutions are band-aids that will not work and will cause TVA much anguish on Capitol Hill and from local area concerns. Will TVA listen to us, or will they try everything except the best solution, in order to mitigate the December spill? Many other companies have failed to take our advice and they have failed miserably in promoting their projects. We are starting to become frustrated with companies that would rather fail than listen to our expert and accurate advice.

Now Smith Mountain Solutions, LLC wants to reclaim a strip mine by turning it into a landfill for TVA's coal ash spill. The Charleston, Tennessee firm has an option on the 300-acre site owned by Crossville Coal Inc. that is in a remote corner of Cumberland County near the Morgan County line. the company wants to be paid by TVA for hauling and holding coal ash spilled in the Dec. 22 disaster when a retention pond burst at Kingston Fossil Plant. Why dispose of a resource that has value as a recycled product?

All of the 5.4 million cubic yards of coal ash that spilled into the Emory River and adjoining countryside could be stored in a lined landfill at the old strip mine, but such storage would only lead to more problems related to groundwater contamination and other runoff problems. A state permit would have to be obtained and Cumberland County would receive a host fee for the landfill that could mean between $7-8 million over three years, said Brock Hill, Cumberland County's mayor. Only about 100 jobs would be created, mainly for truck drivers and heavy equipment operators. This projects would not generate any climate change relief nor minority ownership participation. (KnoxvilleBiz.com, 6/3/09)

USDA Awards $1 Billion For Rural Utility Loans

USDA today announced that 37 rural utilities and cooperatives in 29 states have been selected to receive more than $1 billion in loans to build and repair more than 10,000 miles of distribution and transmission lines and make system improvements that will benefit 60,000 rural customers. These investments help rural electric cooperative utilities continue to provide reliable and affordable electric power to their communities. To date, 402 rural electric cooperatives have used USDA Rural Development's Energy Resources Conservation program to increase energy efficiency, conservation and demand management initiatives.

The funding announced today is being provided through USDA Rural Development's Electric Programs which provides loans and loan guarantees to help utilities, cooperatives, states and local governments provide or improve electric service in rural areas. The Electric Program also helps finance energy conservation and renewable energy systems.

For example, the Delaware Electric Cooperative, Inc. in Greenwood, Del., has been selected to receive a $21 million loan to build and improve 717 miles of distribution lines and make system improvements for more then 6,225 new and existing customers. The West Central Electric Cooperative, Inc., in Higginsville, Mo., been selected to receive a $12.9 million loan to build and make improvements to 169 miles of distribution and transmission lines and make other system improvements. As a result, service will be provided to 1,059 new and existing customers. Funding of each loan recipient is contingent upon the recipient meeting the conditions of the loan agreement.

Below is a complete list of the selected borrowers.

2009 Electric Loan Borrowers/State Borrower Loan Amount

Arkansas Farmers Electric Cooperative Corporation $6,523,000 Arkansas, Louisiana Ashley-Chicot Electric Cooperative, Inc. $5,255,000 Arizona, California, New Mexico Arizona Electric Power Cooperative, Inc. $36,032,000 Colorado San Miguel Power Association, Inc. $5,100,000 Delaware Delaware Electric Cooperative, Inc. $21,000,000 Florida Withlacoochee River Electric Cooperative, Inc. $119,930,000 Georgia, Alabama, Florida Georgia Transmission Corporation $171,629,000 Iowa East-Central Iowa Rural Electric Cooperative $12,000,000 Iowa Rural Electric Convenience Cooperative, Co. 7,000,000 Illinois Menard Electric Cooperative $8,500,000 Kansas The Ark Valley Electric Cooperative Association, Inc. $9,335,000 Kansas The Brown Atchison Electric Cooperative Association $2,562,000 Minnesota Goodhue County Cooperative Electric Association $6,447,000 Minnesota Wild Rice Electric Cooperative, Inc. $10,000,000 Missouri West Central Electric Cooperative, Inc. $12,865,000 Missouri Sac Osage Electric Cooperative, Inc. $5,500,000 Missouri, Iowa, United Electric Cooperatives, Inc. $18,951,000 Missouri, Iowa, Oklahoma, Associated Electric Cooperative, Inc. $40,000,000 Missouri, Iowa, Oklahoma Associated Electric Cooperative, Inc. $160,000,000 Mississippi Southwest Mississippi Electric Power Association $11,726,000 Montana Fergus Electric Cooperative, Inc. $14,991,000 North Carolina Albermarle Electric Membership Corporation $11,500,000 North Carolina, Virginia Mecklenburg Electric Cooperative $35,000,000 New Mexico Continental Divide Electric Cooperative, Inc. $19,862,000 New Mexico, Texas Lea County Electric Cooperative, Inc. $34,865,000 Oklahoma Indian Electric Cooperative, Inc. $16,290,000 Oregon Tillamook People's Utility District $14,000,000 South Carolina York Electric Cooperative, Inc. $46,743,000 South Carolina Santee Electric Cooperative, Inc. $48,390,000 South Carolina Little River Electric Cooperative, Inc. $15,216,000 South Dakota Lacreek Electric Association, Inc. $5,000,000 Tennessee Gibson Electric Membership Corporation $7,600,000 Tennessee Appalachian Electric Cooperative $30,000,000 Virginia Rappahannnock Electric Cooperative $11,400,000 Washington Nespelem Valley Electric Cooperative, Inc. $2,253,000 Wisconsin Vernon Electric Cooperative $14,500,000 Wyoming, Colorado, Nebraska High West Energy, Inc. $26,312,000

USDA Rural Development's mission is to increase economic opportunity and improve the quality of life for rural residents. Rural Development fosters growth in homeownership, finances business development, and supports the creation of critical community and technology infrastructure. Further information on rural programs is available at a local USDA Rural Development office or by visiting the USDA Rural Development Web Site

EPA To Hold 3 Hearings for Cement Plant Rule June 16-18

EPA is holding three hearings on the proposed amendments to its national emissions standards for Portland cement manufacturing plants June 16 thru June 18 . This proposal would set the nation’s first limits on mercury emissions from existing Portland cement kilns and would strengthen the limits for new kilns. The proposed standards also would set emission limits for total hydrocarbons and particulate matter from cement kilns of all sizes, and would reduce hydrochloric acid emissions from kilns that are large hydrochloric acid emitters.

Below are the hearing dates and locations. Sign ups for speaking at the hearings close two business days prior to each of the hearings. To register to speak at the hearings, please contact Pamela Garrett [919-541-7966].

June 16:
Los Angeles Wilshire Grand Hotel
930 Wilshire Blvd
Los Angeles, California

June 17:
Dallas Grand Hyatt DFW
2337 South International Parkway
DFW Airport, Texas

June 18:
Arlington, Va. EPA Potomac Yard South Conference Center
2777 Crystal Drive, Room 4170 & Room 4180
Arlington, Va.

Secretary Chu Announces $256 Million For Efficiency

U.S. Department of Energy Secretary Steven Chu, left, today announced plans to provide $256 million from the American Recovery and Reinvestment Act to support energy efficiency improvements in major industrial sectors across the American economy. The funding is targeted at reducing the energy consumption of America’s manufacturing and information technology (IT) industries, while creating jobs and stimulating economic growth. These programs will help

Projects being funded under the Recovery Act will focus on three main areas:

1) Combined Heat and Power, District Energy Systems,

2) Waste Energy Recovery Systems, and

3) Efficient Industrial Equipment ($156 Million)

Combined Heat and Power, District Energy, and Waste Energy Recovery deployment and demonstration projects under the Recovery Act represent proven and effective near-term energy options to help the United States enhance energy efficiency, ensure environmental quality, promote economic growth, and foster a robust energy infrastructure. These technologies can be deployed in industrial and residential settings to improve efficiency, control costs, and limit greenhouse gas emissions. Combined Heat and Power and District Energy Systems can achieve efficiencies of 80% or better compared to roughly 45% for conventional heat and power production; waste recovery systems have the potential to save 17 gigawatts of energy nationwide annually.

Improved Energy Efficiency for Information and Communication Technology ($50 Million) As information and communication technology (ICT) services continue to converge, these industries face increasingly similar challenges to control the power usage of their microprocessors or servers and supporting power and cooling systems. This project will select and fund applicants to conduct research, development, and demonstration projects to promote new technologies that improve energy efficiency in the ICT sector.

Advanced Materials in Support of Advanced Clean Energy Technologies and Energy-Intensive Processes ($50 Million)DOE will support research, development, and demonstration projects for advanced industrial materials that can be used in fuel flexibility programs, combined heat and power technologies, energy intensive processes, and nanomaterials and nanomanufacturing. These projects will help the American industrial sector increase competitiveness, while rapidly introducing advanced technologies.

DOE

EPA: McCarthy Confirmed & Cameron Davis Appointed

The Senate confirmed Gina McCarthy as the Assistant Administrator for the Office of Air and Radiation on June 2, 2009. EPA Administrator Lisa P. Jackson has also appointed Cameron Davis as Senior Advisor on the Great Lakes.

Prior to her confirmation, Gina McCarthy, left, served as the Commissioner of the Connecticut Department of Environmental Protection. In her 25 year career, she has worked at both the state and local levels on critical environmental issues, helped coordinate policies on economic growth, energy, transportation and the environment, and has extensive experience with the Regional Greenhouse Gas Initiative, the nation’s first market-based, greenhouse cap-and-trade system. In her new post at the Office of Air and Radiation, Ms. McCarthy will be a leading advocate for win-win strategies to confront climate change and strengthen our green economy.

Cameron Davis, right, began working on behalf of the Great Lakes more than 20 years ago as a volunteer for the Alliance for the Great Lakes. Today he heads the Alliance as its President and CEO. Under his leadership, the Alliance won the American Bar Association’s Distinguished Award for Environmental Law & Policy, making it the first citizens’ nonprofit to ever receive such recognition. Prior to leading the Alliance for the Great Lakes, he spent time as an adjunct clinical assistant professor of law at the University of Michigan Law School. He was also part of the United Nations Environment Programme in Nairobi, Kenya, where he assisted efforts on the Montreal protocol, and served in the EPA’s Office of Regional Counsel in Chicago.

Ethanol: 50 Gallons of Water For Each Mile Driven

The water requirements of biofuel production depend on the type of feedstock used and on geographic and climatic variables. Feedstock cultivation, usually row-crop agriculture, is the most water-intensive of biofuel production stages.

The water requirements associated with driving on biofuels can be significant. Assuming conservatively a volumetric water to ethanol ratio of 800 (e.g., for irrigated corn ethanol from Nebraska which excludes processing water requirements), and that a car can drive 16 mi on 1 gal of ethanol (or 2/3 of the mileage from gasoline), this represents about 50 gallons of water per mile driven (gwpm) (or 0.02 mi per gal of water [mpgw]). (Environmental Science & Technology, American Chemical Society, May 1, 2009)

EPA To Hold Public Hearing on Cement HazMat Rule

The EPA will hold a public hearing on June 18th in the Washington DC–area on a proposal to reduce mercury and other emissions from Portland cement kilns It will be the first of three hearings to take public comment on the agency’s April 21 proposal that sets the nation’s first limits on mercury emissions from existing kilns, left, and toughens the limits for new kilns.

The proposed standards also would set emission limits for total hydrocarbons and particulate matter from cement kilns of all sizes, and would reduce hydrochloric acid emissions from kilns that are large emitters. EPA is now planning to hold two more hearings in the Dallas and Los Angeles areas. The Portland Cement Association (PCA) has said the proposed rule threatens to undermine the balance between environmental protection and economic viability for the cement industry. The proposed rule may well shift investment patterns away from US plants, enhancing dependence on foreign sources of supply, constraining infrastructure development, and even increasing global greenhouse emissions.

Cement Kilm Diagram

The cement industry has taken its environmental performance seriously. Over the course of the last decade, PCA and its members have addressed rising demand for Portland cement – the most intensely consumed commodity on the planet (by weight) after water – by adopting environmentally and socially responsible business practices. PCA says the proposal not only has technical flaws (in setting a different MACT standards for each air emission addressed in the proposal, no one cement plant in existence can meet the current standard), but it also sets standards that make expansion of existing capacity or building new capacity to meet the needs of the just-passed stimulus legislation exceedingly difficult. (Frank Maisano)

Cap & Trade Should Not Be Designed To Raise Prices

There is speculation among economists and some energy experts that free allocation of allowances will still lead to an increase in energy prices. Of course, external factors could also affect energy prices. The price of oil is rising again and that can affect the prices of other energy types and services. Regardless, the cap and trade program should be designed to achieve efficiencies without unduly raising energy prices. The Center supports the production of abundant supplies of energy distributed at reasonable prices. The point of the program should be to reduce greenhouse gases, but hopefully not by using price to force reductions. The program should spur innovation in order to reduce greenhouse gas emissions.

In the legislative version that passed the House energy committee, lawmakers give away 85 percent of the emissions permits in the early years of the cap-and-trade program. The remaining 15 percent of permits will be auctioned.

The largest share of the free permits, 35 percent, goes to the electric utility industry in 2012 and 2013. More specifically, 30 percent is given to local companies that distribute power to residences and businesses. The sector's free permit portion shrinks every few years after. The allowances phase out completely between 2026 and 2030.

Another 16 percent of the free allowances goes to R & D for renewables.

The next biggest share of free permits, 15 percent, goes to energy-intensive industries with international competition, including steel, paper and cement makers. Those free allowances start in 2014 and drop by about 2 percent per year, ending in 2025.

Natural gas distribution companies get 9 percent of the allowances in the early years, with allowances ending between 2026 and 2030.

The smallest and shortest-lived number of allowances goes to oil refiners, who get 2 percent starting in 2014. Their allowances end in 2016.

The rest of the free allowances are divided among the auto industry, efforts to capture and sequester carbon emissions, clean energy efforts, work to prevent deforestation, and adaptation programs.

EPA believes that price pressure could be lessened if businesses chose to buy green offsets instead of allowances to emit carbon. However, it is not clear how many offsets will be available or whether Congress or EPA will restrict their use.

Anyone should be allowed to hold and trade allowances as is the case in the Acid Rain Program.

(NYT, 5/29/09)

Green The Capitol Initiative

The Green the Capitol Iniative described in a Final Report submitted to House Speaker Nancy Pelosi on June 21, 2007 recommends that the House adopt three goals for future operations:

1) Operate the House in a carbon-neutral manner by the end of the 110th Congress

2) Reduce the carbon footprint of the House by cutting energy consumption by 50% in 10 years

3) Make House operations a model of sustainability

Total Energy Use for House

Buildings by End Use

Total 2006 Carbon Dioxide-Equivalent

Emissions for House Buildings

Using data developed by the Government Accountability Office, and reviewed by Lawrence Berkeley National Laboratory, it is estimated that the operation of the House complex was responsible for approximately 91,000 tons1 of CO2-e emissions in fiscal year 2006. This value is equivalent to the annual CO2-e emissions of 17,200 cars.2 The pie chart shows the sources for the CO2-e emissions for the House buildings by fuel type. Electricity is purchased from the local utility and provided directly to the buildings. Heating and cooling for the buildings is provided by the Capitol Power Plant (CPP), located on site. The CPP no longer produces electricity.

Three strategies are recommended to achieve carbon neutrality for the House buildings:

1. Purchase electricity generated from renewable sources

2. Switch from using coal, oil, and natural gas at the CPP to natural gas only

3. Purchase offsets for the remaining carbon emissions

Although the plans are admirable, we believe they are unattainable (except for purchasing carbon offsets). Unfortunately the Speaker announced that she was suspending such purchases.

Center suggestion: Build a separate hydrogen fuel cell-powered plant and use the fossil plant as emergency backup.

Light Bulbs: Incandescents, Fluorescents & LEDs

Thomas Edison introduced his incandescent bulb in 1879. It is highly inefficient, generating 90% heat and 10% light. It has been said that "The only thing worse is a candle flame." The spiral-shaped compact fluorescent produces the same amount of light as the incandescent with one-quarter the energy. The incandescent lasts for years, provides light in an array of hues, and, by lowering electricity bills, pays for itself in about seven months. The light-emitting diode, costs even more but lasts far longer than compact fluorescents. LED bulbs have been used mostly for consumer electronics and in commercial applications. The LED is eclipsing the compact fluorescent as the cutting-edge bulb. Wal-Mart Stores has started selling a consumer LED bulb that uses just seven watts of electricity and claims to last for more than 13 years. It costs around $35.

Lighting accounts for some 20% of residential electricity use in the U.S., yet about 80% of all bulbs sold to U.S. consumers are incandescents, which often cost less than 25 cents apiece, about one-tenth the price of a compact fluorescent. Most people buy the cheapest bulb because they may not be cheap in the long run, but they are cheap for what people have in their wallets and purses. A recent federal law [Energy Independence and Security Act of 2007] will ban incandescent bulbs for most uses by 2014. It requires roughly 25 percent greater efficiency for light bulbs, phased in from 2012 through 2014. This effectively bans the sale of most current incandescent light bulbs.

Some want to use high electricity prices as a tool to force consumers to purchase the more efficient bulbs. We disagree. Innovation can occur without hurting the family budget. For instance, the national interest was served by using legislation to force the innovation. (WSJ, 5/29/09)

Vilsack Issues Temporary Order on "Roadless" Areas

Agriculture Secretary Tom Vilsack has issued a temporary order governing development in "roadless" areas of national forests, requiring all new projects to be approved by him personally. The directive provides decision-making authority to the Secretary over proposed forest management or road construction projects in inventoried roadless areas. The U.S. Forest Service is a division of USDA. The Obama administration and Congress will now try to create a permanent policy on roadless regions.

The U.S. Forest Service, with jurisdiction over the National Forests and Grasslands, makes decisions about what projects can take place on those lands. In simultaneously upholding and overturning the 2001 Clinton roadless rule, the courts have created confusion and made it difficult for the U.S. Forest Service to do its job. The directive will ensure that USDA can carefully consider activities in these inventoried roadless areas while long term roadless policy is developed and relevant court cases move forward.

This interim directive changes procedural requirements for Forest Service projects in inventoried roadless areas. It does not prevent the Secretary from either approving projects that he believes are in the interest of forest stewardship or prohibiting projects he believes are not. The Secretary will work closely with the US Forest Service to implement this interim directive. (Wash Post, 5/29/09, Dept of Agri)

President Obama Nominates Paul Anastas For EPA ORD

Paul Anastas, right, nominee for Assistant Administrator of the Office of Research and Development, is recognized nationally and internationally for his contributions to science and the environment – and has been called the "Father of Green Chemistry." He is the Director of the Yale Center for Green Chemistry and Green Engineering, and has served previously as Assistant Director for Environment in the Office of Science and Technology Policy in the Executive Office of the President and Chief of the Industrial Chemistry Branch in EPA's Office of Prevention, Pesticides and Toxic Substances. Throughout his career, Paul has published numerous scholarly articles and authored and edited ten books on the subject of science for environmental protection.

Constellation's Nuclear Power Ball Gamble on CC3

The New York Times points out the trouble Constellation Energy's partner Areva is having building a new nuclear plant in Finland in an article entitled, "In Finland, Nuclear Renaissance Runs Into Trouble." As the only environmental organization in the nation that openly supports nuclear power, we found the coverage 'intriguing.'

The Center supports a third reactor at Calvert Cliffs (CC3), but completely understands the war that is to come in order to get it built. If Constellation and Electricite de France/Areva do not adequately prepare for this war, not only will a third reactor not be built, it could be the death knell for the predicted nuclear renaissance. The article points out:

"After four years of construction and thousands of defects and deficiencies, the reactor’s 3 billion euro price tag, about $4.2 billion, has climbed at least 50 percent. And while the reactor was originally meant to be completed this summer, Areva, the French company building it, and the utility that ordered it, are no longer willing to make certain predictions on when it will go online."

Antinuclear activists will attack the foreign ownership (49.9%) and the fact that the Nuclear Regulatory Commission (NRC) has not yet approved the European (Evolutionary) Power Reactor (EPR) design under construction in Finland, which is the reactor type to be built at Calvert Cliffs. Maryland Governor Martin O'Malley will also face a blistering assault for supporting CC3. We just wonder whether he will sustain his support. Our guess is that he will not if the withering attacks start to threaten his reelection. We also doubt that the industry knows how to fight this kind of ground war.

The times have changed significantly since we first came out in support for nuclear power in 2001. It is ironic that Calvert Cliffs was the first nuclear power plant in America to get its license renewed without much attention or controversy, but will now find itself on the front line in the battle for a nuclear renaissance .

NRC PROPOSED FY 2010 BUDGET OF $1.07 BILLION SENT TO CONGRESS

The U.S. Nuclear Regulatory Commission (NRC) has released its proposed Fiscal Year 2010 budget to Congress, requesting $1.07 billion to effectively regulate nuclear power plants and other users of nuclear materials in order to protect people and the environment. Details of the budget are available in NUREG-1100, Vol. 25, on NRC’s Web site at the Budget and Performance link at the bottom left-hand corner.

The budget includes $800 million for nuclear reactor safety, $205 million for nuclear materials and waste safety; $56 million for the high-level waste repository, and $10 million for the Inspector General. Compared to the FY 2009 budget, resources in FY 2010 for reactor safety increased by 1.5 percent and materials and waste safety increased by 6 percent. The budget breakdown is as follows:

Nuclear Reactor Safety - $248.3
Licensing Tasks - $237.4
License Renewal - $35.7
International Activities - 15.1
Reactor Oversight - $242.1
Incident Response - 21.1
Fuel Facilities - $49.5
Nuclear Material Users - $90.6
Decommissioning and Low-Level Waste - $37.3
Spent Fuel Storage & Transportation - $27.8
High-Level Waste Repository - $56.0

By law, the NRC recovers approximately 90 percent of its budget from user fees less an appropriation from the Nuclear Waste Fund (NWF) and other activities which are not fee recoverable. As a result the NRC’s FY 2010 budget request will be financed with approximately $887.2 million from user fees and the NWF, resulting in a net appropriation of approximately $183.9 million. This is an increase of $9 million over FY 2009.

Budget highlights are available in slides on NRC’s Web site. A hard copy of the detailed budget –sometimes called “The Green Book”– is available from the Office of Public Affairs, by calling (301) 415-8200 or e-mailing (Source: NRC)

Pelosi Meets With China President Hu Jintao

US House of Representatives Speaker Nancy Pelosi met with President Hu Jintao, left, at the Great Hall of the People in Beijing.

Pelosi's China tour was to seek China's cooperation at the Copenhagen Climate Change Conference in December, which is expected to yield a new pact to replace the Kyoto Protocol in fighting global warming and climate change.

Center China Director Zhang Xiaoping

See Also Center China