Obama Administration Sues BP & 8 Others Over Oil Spill

The U.S. Justice Department has sued BP and eight other companies for what has been called the “worst oil spill in U.S. history.” The lawsuit was filed on Wednesday, December 15, 2010, in a New Orleans federal court. BP and the other defendants were accused of violating federal regulations and failing to prevent the April 20 Deepwater Horizon explosion and fire on the offshore drilling rig. The 27-page lawsuit asserts that the “companies failed to use the safest drilling technology and to maintain equipment ‘necessary to ensure the safety and protection of personnel, equipment, natural resources, and the environment.’”

The lawsuit is seeking civil penalties under the Clean Water Act and a federal statue for cleanup costs and damage to the environment. If BP and the other companies are found to have been engaged in “gross negligence,” each defendant could be fined up to $4,300 per barrel of spilled oil. Authorities estimated that nearly 5 million barrels of oil were spilled into the Gulf of Mexico. This case can potentially expose the defendants to tens of billions of dollars in fines, under civil environmental laws. (JusticeNewsFlash, 12/18/2010)

Center's Third Scoping Visit For Mississippi Power Plant

Derry Bigby, Al Dyson, Norris McDonald

The Center for Environment, Commerce & Energy (Center) met with representatives from South Mississippi Electric Power Association (SMEPA) and Southwest Mississippi Electric Power Association (SWEPA) to discuss feasibility studies, interconnection requirements and a power purchasing agreement on its third biomass-to-electricity (BTE) power plant scoping visit. Plans call for the new BTE plant to generate electricity by gasifying sawdust and woodchips to power a massive turbine.

The Southwest Mississippi EPA electrical substation is on Alcorn State University property and the utility has a long term lease with the university to operate the facility. The Center is seeking a similar arrangement for its proposed 10-megawatt power plant. The Center also met with Port Gibson Mayor Fred Reeves and other city representatives and stakeholders to discuss the power project.

Alton Johnson, Norris McDonald, Marcus Ward, Derry Bigby, Al Dyson

The Center met with Alcorn State University faculty and staff to discuss cooperative energy proposals, including leasing land to the Center for the biomass-to-energy power plant.  The meeting included Dean of Agricultural Research and Applied Sciences Alton Johnson, Vice President for Facility Management and Strategic Planning Jessie Stephney, and Associate Vice President for Development and Alumni Affairs Marcus Ward.  The Center team included Center President Norris McDonald, Center Vice President Derry Bigby and engineering consultant Al Dyson, president of Dyson Engineering and Technical Services of Memphis, Tennessee.  The meeting was held on campus at the Extension and Research Complex.

The Center expects to meet with the new president of Alcorn State in January to begin negotiations to secure a long term lease for the property to build and operate the biomass -to-electricity plant. We are also discussing supplemental projects that could complement the biomass project. These projects include fuel cell electricity production and natural gas pipelines. The natural gas will serve as a backup source for the biomass plant.

The Center toured the Alcorn State University campus and met with facilities managers to discuss the implications of the power plant. The university is in a very rural area and is basically a self-contained city, providing its own drinking water from wells (see one below), water storage and treatment facility (see photo at left) and has its own wastewater treatment plant (see photo at right). There are also numerous research projects that are either ongoing or have ceased for various reasons, including the fuel cell and chicken production facilities. The Center is examining the feasibility of partnering with the university in an expanded program to assist this 'city' in meeting its energy needs.

Groundwater pump and pipe to treatment facility



Fuel Cell in background

Alcorn State University constructed a groundbreaking fuel cell electricity generating station 14 years ago.  However, lack of funding and staff changes led to the project being mothballed.  The Center is interested in working with Alcorn State University to install a modern hydrogen fuel cell to revive this groundbreaking project.  All of the infrastructure is still there, including a 3-transformer interconnect with the electricity line.



Ellis Neal, J.B. Darris, A.C. Garner, Clarence Scutter,
 Norris McDonald, Lorraine Lias, Al Dyson, Mayor Fred Reeves

The Center met with Port Gibson Mayor Fred Reeves and other stakeholders to discuss the biomass-to-electricity project.  Mayor Reeves has been a tireless advocate and ally in supporting the biomass-to-electricity.  In addition to the energy reliability and environmental benefits, Mayor Reeve's singular interest is in creating more jobs in Port Gibson.  The stakeholders shared their support for the project and encouraged Center representatives to proceed with all deliberate speed to get construction approved.  The Center has approval from the City of Port Gibson to proceed and is seeking county approval for the project.

The Center for Environment, Commerce & Energy and its project affiliate, National Clean Fuels (PinkSheets: NACF) are working together to build a biomass-to-electricity (BTE) plant near Port Gibson, Mississippi.  During the trip, Center President Norris McDonald described to area stakeholders how the biomass generator will produce an abundance of energy that can be redistributed along the energy grid in Port Gibson and surrounding areas.

The Center and National Clean Fuels are dedicated to developing clean, reliable electricity production.

1st Scoping Visit

2nd Scoping Visit

4th Scoping Visit

EPA Publishes CO2 Geologic Sequestration Rule

In Federal Register

On Friday, December 10, 2010, EPA published in the Federal Register its final rule governing the underground injection of carbon dioxide (CO2) for geologic sequestration (GS) under the Safe Drinking Water Act (SDWA). EPA released a pre-publication version of this rule back on November 22, 2010. 

Background: Last Friday's rule focuses on protecting underground sources of drinking water (USDW) from endangerment due to CO2 GS activities. The rule was promulgated pursuant to EPA's SDWA authority. The rule, which becomes effective on January 10, 2011, resulted from a proposed rule issued by EPA on July 25, 2008 (73 FR 43492) and a notice of data availability and request for comment by EPA on August 31, 2009 (74 FR 44802).

Highlights: Last Friday's rule covers owners / operators of wells used to inject CO2 into the subsurface for GS. Complex and dense, EPA's explanation of last Friday's rule and the rule itself consume more than 70 pages in the Federal Register. The rule creates a new class of injection well (Class VI) to address CO2 injection for GS and imposes minimum federal requirements on Class VI well owners / operators. Boiled down to one sentence, those requirements cover: CO2 injection and site characterization, CO2 GS well permitting, construction, operation, testing, plugging, recordkeeping, corrective action, emergency and remedial response, closure / post-closure care and associated financial assurances.
Key elements of and deadlines included in last Friday's rule include:

Opportunities for States to Obtain Primacy to Regulate Class VI Wells: States must apply to EPA for approval to implement the new Class VI well program (i.e., to issue Class VI CO2 GS permits). Last Friday's rule gives states until September 6, 2011 to apply for primacy. After that deadline, EPA will implement this rule and serve as the Class VI permitting authority in all states whose Class VI programs are not yet federally approved.

Looming Requirements for Certain Class I and Class V Well Owners / Operators: Wells previously permitted as Class I wells for CO2 GS must apply for Class VI permits by December 10, 2011. The same is true of CO2 GS wells previously permitted as Class V experimental technology wells, provided such wells are no longer being used for experimental injection purposes. Last Friday's rule affords owners / operators of Class I and Class V wells requiring re-permitting as Class VI wells an opportunity to avoid the new Class VI well construction requirements under specific circumstances

Class VI Requirements Potentially Applicable to Class II Well Owners / Operators of CO2 Enhanced Recovery Injection Wells: CO2 injection is one of the principal techniques employed to enhance recovery (EOR) of underground oil and gas supplies. Wells used to inject CO2 underground for EOR have historically been regulated as Class II wells. That will remain true after last Friday's rule for most Class II CO2 injection wells. The rule, however, "clarifies" that the stringent Class VI well requirements (including the requirement to obtain a Class VI permit) will apply to any Class II CO2 wells used to inject CO2 for the primary purpose of long-term storage and which present "an increased risk to USDWs as compared to traditional Class II operations." The rule includes several factors for EPA, states and Class II owners / operators to use in evaluating whether Class II wells present sufficient risk to warrant regulation as Class VI wells.

Corollary Greenhouse Gas (GHG) Reporting Program: EPA intends last Friday's rule to compliment the final CO2 injection and GS reporting rule published in the Federal Register earlier this month as Subparts RR and UU of EPA's federal GHG reporting program (75 FR 75060). Subpart RR includes reporting requirements for facilities conducting CO2 GS. Subpart UU imposes similar requirements on facilities injecting CO2 underground for other reasons. Whereas the purpose and intent of last Friday's rule is to protect USDW from endangerment, Subparts RR and UU were established to enable EPA to quantify the amount of CO2 sequestered underground as well as surface CO2 emissions from injecting facilities.

Adaptive Requirements: Last Friday's rule is future-looking and adaptable. For example, Class VI wells owners / operators will—every five years—need to re-evaluate the area around the CO2 GS project where USDWs may be endangered to ensure that the CO2 injected is moving as predicted beneath the surface. EPA itself intends to review the sufficiency of its Class VI program every six years to determine whether modifications to it are needed.

Last Friday's rule can be found at 75 FR 77230. Supporting information and in the rulemaking docket at (docket ID: EPA-HQ-OW-2008-0390). (Stoel Rives Attorneys at Law, 12/13/2010)

Department of Energy HQ Get Cool Roof

Energy Department Completes Cool Roof Installation on D.C. Headquarters

Building to Save Money by Saving Energy

The Department of Energy's (DOE's) Headquarters West Building has completed the installation of a new cool roof. There was no incremental cost to adding the cool roof as part of the roof replacement project and it will save taxpayers $2,000 every year in building energy costs. Cool roofs use lighter-colored roofing surfaces or special coatings to reflect more of the sun's heat, helping improve building efficiency, reduce cooling costs, and offset carbon emissions. The cool roof and increased insulation at the facility were installed as part of the federal government's commitment to lead by example in increasing energy efficiency, reducing carbon pollution and demonstrating the benefits of clean energy technologies.

The Department of Energy also released today a video (see below) with Secretary Chu that shows the installation of the roof and explains some of the benefits that come with this important technology.

Earlier this year, Secretary Chu directed all Department of Energy offices to install cool roofs, whenever cost effective, when constructing a new roof or replacing an old one. The Department's new cool roof on the West Building covers approximately 25,000 square feet. In the spring, DOE will also install a cool roof on the Headquarters' South Building, covering approximately 66,000 square feet. As a result of the new cool roof installations on both buildings, taxpayers will save a total of $8,000 per year in energy costs.

Roofs and road pavement cover 50 to 65% of urban areas. Most traditional dark-colored roofing materials absorb 80 to 90% of incoming solar energy, increasing temperatures on the surface and in the case of roofing, heating the building, which in turn requires additional air conditioning. White or special "cool color" roofs absorb less than 50% of solar energy, reducing the roof temperature and decreasing the energy used in air conditioning.

A dark roof can reach temperatures above 180F on a hot day, while a cool roof can stay 50 degrees cooler. A study by researchers at Lawrence Berkeley National Laboratory (LBNL) found that using cool roofs and cool pavements in cities around the world can help reduce the demand for air conditioning, cool entire cities, and potentially cancel the heating effect of up to two years of worldwide carbon dioxide emissions. (DOE)

Consumers can find Energy Star cool roofing products for homes and businesses at EnergyStar.gov.

RNC Chairman Michael Steele To Seek Another Term

Republican National Committee Chairman Michael Steele announced Monday that he will seek another term.

The other declared candidates are:

Wisconsin GOP Chairman Reince Priebus,
Former RNC official Gentry Collins,
Former RNC co-chairwoman Ann Wagner;
Former Michigan GOP chairman Saul Anuzis; and
Former RNC official Maria Cino.

(AP)

GE Buys Wellstream Holdings For $1.3 Billion

General Electric is buying British oil and gas services company Wellstream Holdings for $1.3 billion.  GE is expanding its energy services business related to drilling for oil in deep waters around the world. (AP)

Center Supports Extension of Bush Tax Cuts

President Obama and House Speaker-Elect John Boehner are right to utilize this tool to stimulate the economy.



Center Supports EPA Climate Change Rules

"Tailoring EPA to Fit You"
Published: Sep 1, 2010
By Robynn Andracsek, P.E., Burns & McDonnell and Contributing Editor

EPA’s “Tailoring Rule” is here. So are your obligations to comply with Prevention of Significant Deterioration (PSD) and Title V for your greenhouse gas (GHG) emissions. Let’s look at what the rule means for several permitting scenarios common in the power industry.

First, a few definitions. The Tailoring Rule measures greenhouse gas (GHG) emissions in terms of English short tons (2,000 lbs), not metric tons (2,204.6 lbs) of carbon dioxide equivalents (CO2e). Keep in mind that the GHG reporting rule and the international community use metric tons. CO2e is defined as the sum of CO2, methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs) and sulfur hexafluoride (SF6) emissions each multiplied by their global warming potential. Don’t rely on your GHG reporting rule calculations as the basis for your tailoring rule calculations as there are several significant differences.

Fugitive emissions must be included in your CO2e emissions for all sources. As with criteria pollutants (NO2, SO2, carbon moNOxide (CO), volatile organic compounds (VOC) and particulates) potential emissions of CO2e are used for PSD and Title V applicability. Here’s how the Tailoring Rule might be applied.

Example 1: Existing Synthetic Minor Peaking Plant: This facility has limits on emissions to keep it a minor source for PSD. It may or may not have a Title V permit. If the unit’s potential GHG emissions are above 100,000 tpy CO2e but its actual emissions will always be less than that, get a permit limit to keep your potential GHG emissions under 100,000 tpy CO2e. If actual GHG emissions are above 100,000 tpy CO2e, the facility will be “PSD major” for CO2e as of July 1, 2011. If you don’t have a Title V permit, you will need to get one. Keep in mind that any modifications that increase CO2e potentials by 75,000 tpy are subject to PSD for CO2e.

Example 2: Existing Base Load Plant: This facility is classified as PSD major for criteria pollutants and has actual CO2e emissions above 100,000 tpy (which makes it major for PSD for GHG emissions). Permits for modifications issued before Jan. 2, 2011 are not subject to GHG PSD. Permits for modifications issued between Jan. 2 and June 30, 2011 are subject to GHG PSD only if the modification also trips PSD for a non-GHG pollutant and has a potential increase of 75,000 tpy of GHG emissions.

Permits for modifications issued July 1, 2011 and later are subject to GHG PSD if the potential CO2e emissions increase is above 75,000 tpy, regardless of other pollutant increases.

Example 3: New Facility: Things get more complicated for new facilities (or those that were PSD minor but have become PSD major). The determining factors are the date of permit issuance and the date that construction starts. The table identifies key issues.



Other aspects are important to note. First, no provisions exist for pollution control projects. If you retrofit a control device and CO2e emissions are subsequently increased, GHG PSD is tripped. Second, biomass combustion and biogenic emissions are not exempt. Third, the PSD major source threshold for criteria pollutants is broken into “listed” sources (100 tpy) and non-listed sources (250 tpy). All sources are considered major at 100,000 tpy CO2e. Fourth, a facility classified as “PSD major” for NOx, is classified as “major” for all other PSD pollutants. As a result, a modification that increases SO2 emissions by more than 40 tpy is subject to PSD for SO2. Likewise, if you are PSD major for CO2e (≥100,000 tpy), then you are considered major for all criteria pollutants regardless of whether or not your PSD major source threshold was 250 tpy or 100 tpy. Fifth, Title V major facilities pay fees on emissions based on actual tons emitted (SO2, NOx, PM10, VOC, HAPs), capped at 4,000 tons per pollutant and at a default fee of $43 a ton. Fees are not assessed against CO and PM2.5. The default position for CO2e is that it is exempt from fees; however, each state has the option to include it in its fee assessment.

The transition period of incorporating CO2e into PSD is reminiscent of 1976 to 1979 when PSD was first enacted. Back then, the timing of when permit applications were submitted, when permits were issued, when construction started and when operation began was crucial in determining if PSD applied. The lesson is that each power plant needs to understand what its actual and potential emissions are at each step of the 2011 GHG PSD transition.

In summary, the Tailoring Rule maintains the tradition of regulatory confusion exemplified by the current PSD program.

Total Maximum Daily Load (TMDL)

Under section 303(d) of the Clean Water Act, states, territories, and authorized tribes are required to develop lists of impaired waters. These are waters that are too polluted or otherwise degraded to meet the water quality standards set by states, territories, or authorized tribes.

The law requires that these jurisdictions establish priority rankings for waters on the lists and develop TMDLs for these waters. A Total Maximum Daily Load, or TMDL, is a calculation of the maximum amount of a pollutant that a waterbody can receive and still safely meet water quality standards. (EPA)

Cancun, Mexico Climate Conference 'Cancun Agreements'

Delegates from 193 nations representing the U.N. Framework Convention on Climate Change (UNFCC) agreed Saturday on the 'Cancun Agreements,' a new global framework to help developing countries curb their carbon output and cope with the effects of climate change. Unfortunately, they did not agree on how the international aid will be funded. The agreement created a "Green Climate Fund" that will:

1) Transfer money from rich countries to poor ones;

2) Research centers that will ease the transfer of clean-energy technology; and

3) A system for developing nations to be compensated for keeping rain forests intact.

The delegation postponed  addressing how industrialized and major emerging economies will achieve deeper greenhouse-gas emission cuts within a new international agreement. In short, they did not decide whether the 1997 Kyoto Protocol, the current global climate pact, will be extended once its first commitment period expires in 2012. The Kyoto Protocol has an agreed-upon goal of keeping the rise in global temperatures from exceeding 2 degrees Celsius, or 3.6 degrees Fahrenheit, above preindustrial levels. To achieve that, industrialized countries would have cut their emissions between 25 and 40 percent compared with 1990 levels in the next decade, as opposed to the 16 percent they have promised. None of the signatories have met their goals.

New language for Reducing Emissions from Deforestation and Forest Degradation (REDD) establishes rules for calculating how much carbon is stored in forest stocks vulnerable to logging or burning, along with safeguards for rain-forest dwellers and biodiversity. (Wash Post, 12/12/2010)

Renewables Extension Included In Tax Package

Senate Amendment to House Amendment to Senate Amendment:

SEC. 707. EXTENSION OF GRANTS FOR SPECIFIED ENERGY

3 (a) IN GENERAL.—Subsection (a) of section 1603 of
4 division B of the American Recovery and Reinvestment
5 Act of 2009 is amended—
6 (1) in paragraph (1), by striking ‘‘2009 or
7 2010’’ and inserting ‘‘2009, 2010, or 2011’’, and
8 (2) in paragraph (2)—
9 (A) by striking ‘‘after 2010’’ and inserting
10 ‘‘after 2011’’, and
11 (B) by striking ‘‘2009 or 2010’’ and
12 inserting ‘‘2009, 2010, or 2011’’.
13 (b) CONFORMING AMENDMENT.—Subsection (j) of
14 section 1603 of division B of such Act is amended by striking
15 ‘‘2011’’ and inserting ‘‘2012’’.

(Senate, Wikisource)

Fish & Wildlife Service Rule on Bull Trout Affects 5 States

The U.S. Fish & Wildlife Service (FWS) final rule designating critical habitat for the bull trout, a threatened species under the Endangered Species Act (the “ESA”), recently took effect. The species’ critical habitat now covers approximately 18,975 miles of streams, 488,252 acres of lakes and reservoirs, and 754 miles of marine shoreline in five states. While the area covered is less than FWS initially proposed earlier this year, it covers five times more marine and freshwater habitat than the USFWS’ 2005 designation. The majority of areas designated occur on federally- and privately-owned waterways in Idaho, Washington, and Montana, followed by substantial miles of streams and acres of lakes and reservoirs in Oregon, and under 100 stream miles in Nevada.

The USFWS map reproduced below shows areas designated as critical habitat (in blue) compared to areas proposed (in red), over 32 discrete critical habitat units (shaded):

In the listing decisions and proposed and final critical habitat rules, the FWS determined that the bull trout’s decline has resulted primarily from habitat degradation and fragmentation, blockage of migratory corridors, poor water quality, poor fisheries management, dams, water diversions, and nonnative species. USFWS determined that those effects have resulted largely from timber harvest, agricultural practices, and road building near riparian areas; operation of dams without effective fish passage features; mining near aquatic systems; introduction of nonnative species that prey upon, hybridize, or exacerbate stresses on bull trout; and urbanization in watersheds.

The FWS also determined that climate change poses additional threats to bull trout, since temperature models predict general air temperature warning by 1 to 2.5 degrees Celsius within the next 40 years, increasing water temperatures. Bull trout need substantially lower water temperatures than other salmonids to survive, and coldwater fish do not adapt well to thermal increases. Accordingly, the FWS determined that “bull trout may be among the species most sensitive to the effects of climate change.”

The rule is designed to provide sufficient habitat to allow for genetic diversity of the species, to ensure bull trout are well distributed, and to ensure sufficient connectivity between populations and allow for the ability to address threats to the species. Of the waterways proposed for designation, the majority of stream and shoreline area is federally owned, followed by privately-owned waterways. The remainder are owned by tribes, states, or jointly by federal/private or federal/state ownership. The Service recently re-evaluated its DPS designations, and identified six “recovery units” for the species, including the following: the Mid-Columbia recovery unit; Saint Mary; Columbia Headwaters; Coastal; Klamath; and Upper Snake. The Service determined that “conserving each [recovery unit] is essential to conserving the listed entity as a whole.” (Marten Law, 12/9/2010)

2010 National Healthy Homes Conference in Denver, Colorado

SAVE THE DATE - - JUNE 20-23, 2011 - - DENVER, COLORADO

The 2011 National Healthy Homes Conference is a unique event that brings together individuals from across the public health and safety, housing, building design, and environmental spectrum. This 4-day conference will provide unparalleled opportunities to explore emerging trends in green and healthy building and design, discover why creating homes that are healthier makes our families and communities healthy, and exchange ideas with other health and housing professionals. Join us in Denver as we lead the nation to healthy housing, families, and communities. More information

EPA Delays Tightening Ground-Level Ozone Standard

Center Wants New Ozone Standard Now

The Environmental Protection Agency is punting the football on smog reductions.  Ozone is a principle component of smog that cause respiratory illnesses.  This is the third punt this year and EPA has announced that it will not be prepared to decide until next July whether to tighten a national air-quality standard for ozone.  The agency has said tightening the standard could save as many as 12,000 lives a year and yield health benefits worth as much as $100 billion annually in 2020.  EPA has proposed setting the standard at between 60 and 70 parts per billion, down from 75 ppb now.

A standard of 60 ppb could cost businesses as much as $90 billion annually in 2020. The costs would include new emissions controls that businesses would have to install; higher electricity prices as power plants switched to cleaner-burning but costlier fuels; and more frequent auto inspections.

Leading manufacturers and energy companies, such as Exxon Mobil Corporation, Dow Chemical Company, and American Electric Power Company, believe the EPA has not proven that the 60 ppb standard would save the number of lives the agency claims. They also believe EPA has underestimated the amount of ozone that forms naturally or drifts into the U.S. from abroad, from factories in China, for example.

The EPA's proposal has our support and the support of the American Lung Association and the American Medical Association, and is consistent with the recommendation of a 23-member panel of clean-air experts who advised the agency on the issue after reviewing more than 1,700 studies.

On Tuesday, the EPA decided to delay another costly, controversial proposed regulation aimed at smokestack industries, saying it needed another year to finish rules aimed at reducing pollution from boilers and solid-waste incinerators. (WSJ, 12/9/2010)

Ralph Hall to Chair House Science & Technology Committee

Ralph Hall (R-TX) will be the chairman of the House Science and Technology Committee in the 112th Congress.

Ralph M. Hall, left, represents the Fourth Congressional District in Texas and was first elected to the U.S. House of Representatives in 1980. Congressman Hall was selected as Ranking Member of the Committee on Science and Technology for the 111th Congress and received a waiver to continue as a Member of the Energy and Commerce Committee, where he serves on the Energy and Air Quality, and Health, and Commerce.

Between 1950 and 1962, Mr. Hall served as County Judge of Rockwall County, Texas. In 1958-1959, he served as President of the State Judges and Commissioners Association. He served in the Texas Senate from 1962 to 1972, where he served as President Pro Tempore in 1968-1969.

Ralph M. Hall was born in Fate (Rockwall County), Texas, on May 3, 1923 and graduated from Rockwall High School. He joined the U.S. Navy on December 10, 1942, serving as a lieutenant aircraft carrier pilot from 1942 to 1945. Hall attended Texas Christian University, Fort Worth, in 1943; attended the University of Texas, Austin, 1946-1947, and received his LL.B. from Southern Methodist University, Dallas, in 1951. He was admitted to the Texas Bar in 1951 and maintained a private law practice in Rockwall for many years.

In 1944, he married the former Mary Ellen Murphy. They have three sons, Hampton, Brett, and Blakeley, and five grandchildren. (Ralph Hall House Website Biography)

Greenhouse Gases, EPA & The Courts

UPDATE:  5:30 pm Friday court announcement--The U.S. Court of Appeals for the District of Columbia Circuit denied a motion to partially stay implementation of pending EPA greenhouse gas regulations. 

A federal appeals court ruling on whether to stay U.S. EPA greenhouse gas regulations could affect the Supreme Court's consideration of whether states can regulate emissions using common law.

The Supreme Court announced on December 6th that it would take up the common law case, American Electric Power v. Connecticut.* The case before the Supreme Court was prompted by the combined efforts of eight states, New York City, and several land trusts to require utilities that operate fossil fuel-fired electric power plants to reduce emissions. American Electric Power Co. Inc. and several other power companies responded that the Clean Air Act supplants the federal common law when it comes to greenhouse gas emissions. In 2009, the 2nd U.S. Circuit Court of Appeals ruled in favor of the states.The case will be argued in the spring, after the U.S. Circuit Court of Appeals for the District of Columbia decides whether to stay the four EPA regulations, parts of which are due to go into effect on January 2. A ruling on the stay request is due at any time.

The regulations are relevant to the Supreme Court's consideration of the case because it may reach its conclusion by ruling on whether efforts by EPA to regulate carbon emissions in recent years have effectively supplanted any federal common law that would give the states the right to claim that emissions are a "public nuisance."

The four rules under attack from industry groups are:

1) the "timing" rule that requires new controls of greenhouse gas emissions from stationary sources would be triggered on Jan. 2, 2011, the day that new motor vehicle standards go into effect;

2) the "tailoring" rule that interprets the Clean Air Act in such a way that only major polluters are required to obtain permits for greenhouse gas emissions;

3) the "endangerment" rule focusing on EPA's initial decision in which it held that greenhouse gases are harmful; and

4) the "tailpipe" rule, which adopts new standards for car and light-truck emissions.

The Obama administration wants the Supreme Court to send the case back to the appeals court. The administration want the appeals corut to decide "whether, in light of multiple actions that EPA has taken since the court of appeals issued its decision,  any other federal law claims have been displaced," such as whether comprehensive federal regulation pre-empted the common law nuisance action.  A stay might undercut the administration's argument.  If the rules are not stayed, the Obama administration's argument will be stronger, because it would telegraph that the existing regulations are here to stay. (NYT, 12/7/2010, American Constitution Society Blog, 12/6/2010, Wiki)
-------------------------------------------------------------------------------------------------------------
* The Supreme Court granted certiorari* in the case of American Electric Power Co. v. Connecticut, a common law nuisance suit seeking an order compelling large electric utility companies to reduce their contributions to global climate change. At issue will be a variety of doctrines - such as standing and political question - that nominally originate from constitutional limitations on the role of the judicial branch, but that judges have, over the years, expanded well beyond the text and structure of the Constitution. AEP is the first climate change nuisance suit to reach the Supreme Court.

The Obama Administration intervened in support of certiorari, but on a more limited ground of implied preemption than industry had advocated. The Administration claims that the EPA has gotten busy implementing the Clean Air Act with respect to greenhouse gas emissions and that allowing federal common law nuisance claims to proceed would interfere with the regulatory initiative.

* A writ of certiorari means an order by a higher court directing a lower court to send the record in a given case for review. A minimum of four of the nine Justices are required to grant a writ of certiorari. The Supreme Court is generally careful to choose only cases over which the Court has jurisdiction and which the Court considers sufficiently important, such as cases involving deep constitutional questions, to merit the use of its limited resources.

Do Not Require Utilities To Use Technology That Doesn't Work

PRESIDENT'S CORNER

By Norris McDonald

I support wind and solar, but they cannot reliably deliver electricity to hundreds of millions of people 24 hours a day seven days a week.  In fact, they work about 30% of the time and so have to be backed up by traditional technologies.  Thus, a Renewable Electricity Standard (aka Renewable Portfolio Standard) is just one more burden on a sector that already has its back against the wall in meeting customer needs and current regulatory requirements.  I say this even as supporting such a standard would probably benefit our current work to build an biomass-to-electricity plant in Mississippi (Green Port Gibson Project).

Billions in federal subsidies for manufacturers of solar panels and wind and solar power facilities will end January 1, 2011. These subsidies include a 30% tax credit for builders of plants that manufacture solar panels or other clean-energy components.  They will expire unless lawmakers renew these clean-energy incentives that were created by the 2009 economic stimulus legislation. Republicans are opposing extensions and Democrats are supporting extensions.  It is doubtful the Lame Duck congress will extend the subsidies and it will be an uphill climb to get new subsidies in the 112th Congress.

I support the energy subsidies for all sectors.  And I could also easily support removing supports for all energy sectors and let the market decide.  But since we live in a subsidy world, I support the subsidies for all sectors, particularly the emissions free technologies.

Wow.  The United Nations Climate Conference in Cancun, Mexico is off the radar screen.  Let's hope interest picks up next year for the final Kyoto Protocol conference in Johannesburg, South Africa.

Dead Miners' Families Offered $3 Million To Wave Litigation

Family members of the 29 workers killed in the Massey Energy Company's Upper Big Branch coal mine accident in Montcoal, West Virginia on April 5 are being offered a settlement offer of $3 million for each deceased miner. If the settlement is accepted, recipients give up suing the company. To date, only three agreements have been finalized. Many families are awaiting the outcomes of federal and state investigations into the accident to see if the company is found responsible. Performance Coal Company is a subsidiary of Massey Energy Company.

Massey believes it is following standard operating procedure they believe they are offering generous settlements. Of course, families may seek punitive damages that could come to much more than $3 million. Under state law, any family members who were financially or emotionally dependent on the dead are allowed to seek the company's settlement. Legal experts say the $3 million offer is high for workers who earned at most about $80,000 a year, and they say the sum might be considered even richer in the context of rural West Virginia, where the poverty rate exceeds 19% and the unemployment rate is 9.3%.

Massey is supplementing workers' compensation benefits, so widows receive miners' full salaries for the rest of their lives or until they remarry. It also provides medical benefits to widows for 20 years and continued medical benefits for dependent children with no premiums. The company will also pay $5,000 a year for child care, and provide dependents with four-year scholarships to an accredited public college or vocational school in West Virginia.

Litigation involving miners' deaths, he says, usually takes three to four years to resolve. That could motivate some families to settle. But they stand to receive less if the company is cleared of wrongdoing and decides to lower its offer. Massey says it currently has no plans to do so. Regulators say the Massey mine had a pattern of serious and frequent safety violations over the past two years. (WSJ, 12/7/2010)

Fred Upton To Chair House Energy & Commerce Committee

The 34-member House Republican Steering Committee selected Rep. Fred Upton (R-Mich.) today to be the next chairman of the House Energy and Commerce Committee. The full House Republican Conference will probably ratify the panel's recommendation.

Fred Upton has represented his southwest Michigan district for 24 years. Prior to his election to Congress in 1986, Fred worked for President Ronald Reagan in the Office of Management and Budget (OMB). He currently serves as the top Republican of the Subcommittee on Energy and Environment. 

Upton was born in St. Joseph, Michigan. Upton earned a B.A in Journalism from the University of Michigan in 1975. Fred and his wife Amey have two children, Meg and Stephen. (Office of Fred Upton)

EPA Timetable To Reduce Boilers/Incinerators Pollution

In a motion filed today in the federal District Court for the District of Columbia, the U.S. Environmental Protection Agency (EPA) is seeking an extension in the current court-ordered schedule for issuing rules that would reduce harmful air emissions from large and small boilers and solid waste incinerators. The additional time is needed for the agency to re-propose the rules based on a full assessment of information received since the rules were proposed. The rules would cut emissions of harmful pollutants, including mercury and soot, which cause a range of health effects – from developmental disabilities in children to cancer, heart disease and premature death.

The rules seek to protect all Americans from dangerous pollutants such as mercury and soot, which affect kids' development, aggravate asthma and cause heart attacks. In order to meet a court order requiring the EPA to issue final rules in January 2011, the agency proposed standards in April 2010. While EPA requested and received some information from industry before the proposal, the comments EPA received following the proposal shed new light on a number of key areas, including the scope and coverage of the rules and the way to categorize the various boiler-types. Industry groups and others offered this information during the public comment period after EPA proposed the rule. After reviewing the data and the more than 4,800 public comments, the agency believes it is appropriate to issue a revised proposal that reflects the new data and allows for additional public comment. This approach is essential to meeting the agency’s legal obligations under the Clean Air Act and, as a result, provides the surest path to protecting human health and the environment.

EPA has estimated that there are more than 200,000 boilers operating in industrial facilities, commercial buildings, hotels and universities located in highly populated areas and communities across the country. EPA has estimated that for every $5 spent on reducing these pollutants, the public will see $12 in health and other benefits.

EPA is under a current court order to issue final rules on January 16, 2011 and is seeking in its motion to the court to extend the schedule to finalize the rules by April 2012. (EPA)

More information

Darryl Fears Reporting on Environment for The Washington Post

Darryl Fears is reporting on environmental issues for The Washington Post newspaper. Congratulations Mr. Fears.  We are sure you will bring an interesting perspective to environmental reporting.  He is covering the Chesapeake Bay and has published several articles.

Darryl Fears

Darryl Fears covers affordable housing and poverty for The Washington Post. He previously worked on the national desk, covering race, diversity, immigration, politics and criminal justice policy, and helped launch the "Being a Black Man" series. Before arriving at The Post, Fears worked for the Los Angeles Times, Atlanta Journal Constitution and Detroit Free Press. He is a graduate of Howard University.

We are delighted that the newspaper for our nation's capital is giving veteran reporter Fears an opportunity to branch out.  (The Washington Post, DC Wire)

BP Lawyers Dispute Gulf Accident Oil Flow Rate

BP lawyers have communicated to the National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling (Commission) that government estimates of the size of the Gulf of Mexico oil spill are too big by as much as 20 to 50 percent. The estimate will determine how many billions of dollars of fines BP could face under the Clean Water Act, which includes penalties for spilling oil from $1,100 a barrel to $4,300 if negligence is proven. BP is disputing the estimate that roughly 5 million barrels of oil were released by the Macondo well. If the higher numbers are used, the penalties could approach $22 billion.  BP has already committed to spending $20 billion for clean up of the Gulf.

The estimates are being made by the Energy Department and an inter-agency group. BP believes the estimate is biased toward the maximum amount of oil that could have been discharged, rather than the amount of oil most likely to have been discharged. BP asserts that government and other academic experts did not properly take into account factors such as temperature differences, the amount of natural gas mixed in, and partial blockages from bent pipes, partial closure of the blowout preventer and from debris.

The government has estimated that 62,000 barrels a day initially gushed from the Macondo well after the blowout, later dropping to 53,000 barrels as the reservoir was depleted. But the flow rate has been a subject of dispute from the early days of the spill, when the government estimated that 5,000 barrels a day were leaking into the gulf. (Wash Post, 12/4/2010)

EPA Launches New Reg Stat Website

To Increase Transparency of Regulatory Activity

The U.S. Environmental Protection Agency (EPA) has launched a new website called Reg Stat that will enhance public understanding of its regulatory process and the number, type, and range of regulatory
documents developed each year by the agency. This new resource is part of the EPA’s continuing efforts to enhance the accessibility and transparency of its regulatory activities.

Reg Stat provides information on EPA documents published in the Federal Register between 2005 and 2009. It also provides in-depth information on rulemakings likely to be of most interest to stakeholders -- those rules signed by the EPA administrator that substantively amend the Code of Federal Regulations. Users will be able to determine the number of rules signed by the administrator, how long it took to develop each rule, whether a rule underwent Executive Order 12866 regulatory review by the Office of Management and Budget (OMB), and the length of OMB review. Both summary graphics and searchable data tables are available.

An analysis of the data featured on Reg Stat shows that EPA publishes 1,700 to 1,900 documents in the Federal Register each year. Notices, which provide general information of public interest such as meeting
announcements, make up the majority of these documents. Approximately 7 percent, or about 100, of those documents are rules that amend the Code of Federal Regulations and require the administrator’s signature; the average time to publish these rules is 974 days.

Users will be able to download and sort the data based on categories of interest. Information on Reg Stat will be updated annually.

More information on Reg Stat

EPA: Next Step for State Greenhouse Gas Permitting Programs

The U.S. Environmental Protection Agency (EPA) is moving forward with its plan to call on certain states to update their Clean Air Act implementation plans to cover greenhouse gas (GHG) emissions. These changes will ensure that beginning in January 2011 the largest industrial GHG emissions sources can receive permits. This action is part of EPA’s common sense approach to GHG permitting outlined in the spring 2010 tailoring rule.

EPA has identified 13 states that need to make changes to their plans, allowing them to issue permits that include GHG emissions. These states include: Arizona, Arkansas, California, Connecticut, Florida., Idaho, Kansas, Kentucky, Nebraska, Nevada, Oregon, Texas, and Wyoming.

States are best-suited to issue permits to sources of GHG emissions and have long-standing experience working together with industrial facilities. The Clean Air Act requires states to develop EPA approved implementation plans that include requirements for issuing air permits. When federal permitting requirements change, as they did after EPA finalized the GHG tailoring rule, states may need to modify these plans.

EPA and the states have worked closely to ensure a smooth transition to GHG permitting. The agency will continue to work with the affected states to help them develop, submit, and obtain approval of the necessary revisions that will enable all states to issue air permits to GHG emission sources.

In January 2011, industries that are large emitters of GHGs, and are planning to build new facilities or make major modifications to existing ones, will work with permitting authorities to identify and implement the most efficient control technologies to minimize their GHGs. This includes the nation’s largest GHG emitters, such as power plants, refineries and cement production facilities. Emissions from small sources, such as farms and restaurants are not covered by these GHG permitting requirements.

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EPA Marks 40th Anniversary

EPA is 40 Years Old and the Center is 25 Years Old

Administrator Lisa P. Jackson

Remarks to EPA Staff at the 40th Anniversary Event

December 2, 2010

FULL STATEMENT

Excerpts

40 years ago today the U.S. Environmental Protection Agency opened its doors for the very first time.  And what started four decades ago today began a history of tangible improvements to the health and the environment of the American people. Let me begin by saying that this is very special to me personally. I started my career at this agency. I came to EPA because of my love of science, and because I wanted to use that love of science to help people. I came to EPA because of the value I placed on the natural environment, after growing up on the Gulf Coast in New Orleans, living by the water and studying in the wetlands. And I came here because, after seeing events like Love Canal, I knew that EPA would give me a chance to come to work and serve people. As it is for so many of you, the protection of our health and the environment is not just my job – it’s my lifelong passion.

I’ve seen EPA change and grow under three presidents and six different administrators. Since becoming Administrator I’ve had the chance to speak with some of my predecessors who have taught me a great deal about this job. Leaders like William Ruckelshaus, our first administrator. William Riley, Michael Leavitt, Christine Todd Whitman, and my colleague in the administration, Carol Browner. It is my pleasure and my privilege to follow in their footsteps and to lead this agency on the occasion of our 40th anniversary.

Removing Lead from Gasoline and from the Air – a change that has saved hundreds of thousands of lives.  Removing the Acid from Rain – an innovative, cost-effective effort EPA undertook to handle a complex challenge.  Clearing Secondhand Smoke – which helped children and families and everyone else live healthier lives.  Vehicle Efficiency and Emissions Control – thanks to EPA, cars today are far cleaner than they were a generation ago.  Controlling Toxic Substances – a critical children’s health issue.  Banning Widespread Use of DDT – the subject of Rachel Carson’s book Silent Spring; a chemical that was reported to be in nearly every meal in America; a toxin that almost wiped out our national symbol, the bald eagle; banned because of EPA’s efforts.  Rethinking Waste as Materials – an effort that continues to grow in both utility and importance, especially as we deal more and more with electronic wastes.  A Clean Environment for All/Environmental Justice – an issue that ensures we are reaching every single community, helping them see their stake in a clean environment, and empowering them to get there.  Cleaner Water – something every American holds dear and one of the places where EPA touches our daily lives the most.  And The “Community Right to Know” Act – an essential part of the work we do.

At 40 years old, EPA should be ready to perform at a higher level than ever before. The future of this agency is in all of you – those who make an extraordinary difference, day in and day out. I am proud to be with you today, and to come to work by your side every day. Thank you very much. Happy 40th anniversary.

CDC Report Says DC Still Has Lead Drinking Water Problem

CDC Report: "Association Between Children’s Blood Lead Levels, Lead Service Lines, And Water Disinfection, Washington, DC, 1998–2006"

Addresses of DC Water Pipe Replacements

A report released Wednesday by the Centers for Disease Control and Prevention shows that the water in almost 15,000 D.C. homes that received repairs during a DC Water & Sewer Authority (WASA) program to remove lead pipes may still be contaminated by dangerous lead levels. The CDC concluded that homeowners who had pipes only partially replaced may have made the problem worse. The CDC also confirmed that children living in the District were exposed to lead poisoning from 2000 to 2006 as an inadvertent result of efforts to disinfect the water supply that caused lead pipes to corrode and leach into the water that flowed through them.

The new CDC report reopens an issue that many residents thought was resolved when the city spent $93 million to replace thousands of service lines. From 2004 to 2008, the District replaced water lines serving 17,600 homes. Homeowners were responsible for the portion of the pipes on their property. In 14,800 of those homes, owners chose not to make any additional repairs

The report marks the first time the CDC has publicly acknowledged that there was measurable health risk from the city's lead crisis and that the primary remedy appears to have been flawed. If those residences are home to small children, pregnant women or anyone with a compromised immune system, the water should be tested.  There is no blood lead level that is considered safe for children. The new CDC report found that children in homes where lead pipes had been partially replaced were three times as likely to have elevated lead levels than those whose homes never had lead pipes. If there are only adults in the house, it's probably still a judgment call, but less health-imperative than if there's small children and pregnant women.
 
The federal government banned the use of lead pipes almost 25 years ago, and the District embarked on an ambitious plan to replace lead service lines and to encourage homeowners to eradicate lead plumbing from their homes. WASA continues to replace lead service lines if they are connected to a water main that is being replaced or if a customer is replacing the private portion of the line.

WASA may have inadvertently made the problem worse in 2000, when it began to use the chemical chloramine, rather than chlorine, to purify the water supply. Although its use complied with federal requirements to reduce carcinogenic byproducts, many experts think it corroded pipes and caused lead to leach into the water. The new CDC report found that elevated lead levels in children peaked in 2003, a year when chloramine was the only disinfectant used.  (Wash Post, 12/2/1020)

Green DMV To Retrofit Home in Alexandria, Virginia

GREEN DMV is working with communities, businesses and volunteers across the Greater Washington area to help rebuild neighborhoods through energy efficient solutions that help save money and the environment.

In partnership with Shiloh of Alexandria Federal Credit Union, Alexandria Redevelopment and Housing Authority, Alexandria Department of Recreation, Parks and Cultural Activities and the support of their sponsors, Home Depot, TD Bank, and Whole Foods, they are launching a project called Retrofit the DMV to help struggling families who’ve been deeply impacted the economic downturn and rising energy costs have exacerbated their financial hardships.

GREEN DMV extends an invitation to the public to attend and participate in this community effort on:

Saturday, December 11, 2010 @ 10:00 am

in the Del Ray neighborhood of Alexandria

In addition to providing energy efficient retrofits to a low-income Alexandria resident to lower her energy bills, Green DMV will engage student volunteers from Jefferson-Houston School of Arts and Academics and Cora Kelly School for Math, Science and Technology in a CFL Walk through the neighborhood and offer face painting activities for neighborhood children.

GREEN DMV’s mission is to ensure that the social, economic and environmental opportunities of a clean energy future are inclusive of all people. They are requesting your critical support in their efforts to establish lasting solutions in the fight against poverty and climate change.

WHEN: December 11, 2010

TIME: 10:00am

ADDRESS:  Hume Springs Park, 100 Dale Street, Alexandria, VA 22305

PARKING: Cora Kelly School parking lot, 3600 Commonwealth Avenue, Alexandria, VA 22305

Obama Backs Away From Expanded Offshore Drilling

The Center Opposed Expanded Offshore Drilling & Supports Continuance of the Moratorium 

Secretary of Interior Ken Salazar has announced that the Obama administration is rescinding its decision to expand offshore oil exploration into the eastern Gulf of Mexico and along the Atlantic coast because of weaknesses in federal regulation revealed by the BP oil spill. The drilling will remain under a moratorium for those areas for at least seven years, until stronger safety and environmental standards are in place. Drilling will continue in the central and western Gulf of Mexico. There are approximately 4,000 wells in the Gulf.
The Deepwater Horizon oil spill convinced the administartion that they needed to proceed with caution and focus on creating a more stringent regulatory regime. The original expanded drilling plan was unveiled just three weeks before the BP accident and was part of a political effort to encourage more domestic oil production in exchange for Congressional action to limit the carbon dioxide emissions that are contributing to global warming. (NYT, 12/1/2010)

Will Congress Let Ethanol Subsidies Expire At End of Year?

Federal policies currently provide for a tariff of 54 cents a gallon on ethanol imports and a subsidy of 45 cents a gallon for blending ethanol into gasoline. Federal law mandates that oil companies use 12 billion gallons of renewable fuels such as ethanol in this year, rising to 15 billion gallons by 2015. As a result, Treasury will pay out at least $31 billion to refiners over the next five years if the blending subsidy is renewed.The ethanol mandate will rise to 36 billion gallons per year by 2022.  Both the ethanol blending subsidy and the tariff on imported ethanol will expire at the end of the year without Congressional action. If they are allowed to lapse, re-enacting the policies may be difficult, given the more fiscally conservative nature of the incoming Congress.

Some in Congress now believe that subsidies and tariffs to promote domestic ethanol production should be ended because they are “fiscally irresponsible and environmentally unwise.” They believe that eliminating or reducing ethanol subsidies and trade barriers are important steps to reduce the budget deficit, improve the environment, and lessen our reliance on imported oil

Supporters of domestic ethanol call it a cleaner-burning fuel than gasoline that offsets oil imports from autocratic regimes abroad and creates American jobs. But the growing appetite of ethanol refiners for the American corn crop has steadily driven up the price of food worldwide, while increased demand for corn has caused an rise in fertilizer use and pesticide-intensive agriculture in the United States. Supporters of expanded domestic ethanol production believe cutting off the subsidies and ending the tariff would put thousands of Americans out of work and devastate the domestic ethanol industry. The Renewable Fuels Association, a trade association, supports ethanol subsidies and tariffs.

Opposing senators point out that the tariff on imported ethanol, which is 9 cents a gallon higher than the subsidy it was intended to offset, made the country more dependent on foreign oil and was a waste of federal funds. Ethanol from Brazil and other sugar-producing countries is cheaper than domestic corn-based ethanol, but the high tariff discourages low-cost imports.This puts imported ethanol at a competitive disadvantage against imported oil. They believe that eliminating or reducing the ethanol tariff would diversify our fuel supply, replace oil imports from OPEC countries with ethanol from our allies, and expand our trade relationships with democratic states.

High tariffs on imported ethanol, meanwhile, artificially drive up the price of domestic ethanol, angering fiscal conservatives. Environmental, food and livestock industry groups have made their own calls to end ethanol subsidies, arguing that the policies have led to a rise in the price of feed and basic food commodities and ethanol is a required fuel additive anyway [see EPA Finalized 2011 Renewable Fuel Standard]. (NYT, 12/1/2010)

EPA Screens 1,000 Chemicals Using ToxCast

The U.S. Environmental Protection Agency’s (EPA) ToxCast screening program has entered a new phase, screening 1,000 chemicals for potential toxicity to people and the environment. ToxCast is designed to determine how chemical exposures impact the human body and how the chemicals most likely lead to health effects. When fully implemented, ToxCast will be able to screen thousands of chemicals in fast, cost-effective tests that provide people with relevant information.

During the first phase ToxCast tested about 300 chemicals, primarily pesticides, in more than 500 fast, automated tests or assays. The assays use human and animal cells and proteins to screen chemicals. Another 700 chemicals are now being screened in Toxcast’s second phase. The chemicals being tested are found in industrial and consumer products, food additives and drugs that never made it to the market. The failed drugs and associated human clinical trial data, donated by major pharmaceutical companies, are significant because EPA will be able to compare ToxCast screening data to human clinical data and other toxicology studies.

Only a small fraction of the tens of thousands of chemicals in commerce have been adequately assessed for potential risks to human health and the environment. ToxCast is reducing EPA’s reliance on slow and
expensive animal toxicity tests, enabling the agency to screen chemicals more quickly and to predict and identify potential health risks. 

EPA scientists have compared the first phase of ToxCast data to the vast number of animal studies available in EPA databases. This comparison is helping determine which ToxCast assays can accurately predict different types of toxicity and disease. EPA scientific studies using ToxCast have already been published in peer-reviewed science journals and demonstrate the ability of ToxCast to predict a chemical’s potential to cause a variety of diseases.
 
The ToxCast research project is a substantial contributor to the the federal agency collaboration, Tox 21. Comprised of EPA, U.S. Food and Drug Administration, and the National Institutes of Health, Tox21 will
screen 10,000 chemicals by the end of next year. (EPA)

More information on ToxCast and the list of chemicals