Coal Combustion Waste

The Natural Resources Defense Council (NRDC) published an excellent report in 2007 on coal combustion waste (CCW). The report, "Dangerous Disposals: Keeping Coal CombustionWaste Out of Our Water Supply," is an excellent source of background information on this subject.

Excerpts:

Each year, America’s coal-fired power plants and industrial facilities produce approximately 130 million tons of coal combustion waste (CCW), the residue left behind when coal is burned. That’s enough waste to fill a train of box cars stretching from Washington, D.C., to Melbourne, Australia. Because CCW contains pollutants like arsenic, mercury, lead, and othertoxic substances, its disposal carries many risks. Without proper monitoring and safeguards, disposing of toxic coal combustion waste can pose seriousdangers to nearby ground and surface waters—and the people who rely onthese sources for safe drinking water.

There are multiple types of coal combustionwaste, including coal ash (fly ash, bottom ash), flue gas desulfurization waste (waste created when the exhaust from smokestacks at coal-burning facilities is treated to remove sulfur), and boilerslag (molten coal ash collected from the bottom of coal-burning furnaces). This waste containstoxic chemicals such as aluminum, arsenic,boron, cadmium, chromium, lead, manganese, molybdenum, selenium and sulfate—pollutants that can cause cancer, birth defects, reproductive problems, damage to the nervous system and kidneys, and learning disabilities in children.

[Latest Mitigation Proposals]

Highlights of $410 Billion Omnibus Appropriations Bill

Highlights of the $410 billion omnibus spending bill funding 12 Cabinet departments and lesser agency budgets for 2009:

Agriculture — $20.5 billion, including a 14 percent boost over 2008 for the popular WIC program that feeds infants and poor women.

Commerce — $9.3 billion, including $3.1 billion to conduct the 2010 Census.

Education — $66.5 billion, a 7 percent increase over 2008 levels.

Energy — $27 billion, including a $765 million, 54 percent hike for advanced energy research.

Health and Human Services — $66.3 billion, including $30.3 billion for health research.

Housing and Urban Development — $41.5 billion, including $24.5 billion for low-income and American Indian housing.

Interior — $10.1 billion, slightly more than 2008.

Justice — $26.1 billion, including a $715 million, 11 percent increase for the FBI.

Labor — $15.3 billion, including a 5 percent increase for employment and training programs.

State — $13.1 billion, a 3 percent decrease.

Transportation — $13.5 billion, plus $53.7 billion in highway and other transportation funding financed mostly through gasoline taxes.

Treasury — $12.7 billion, including $428 million over 2008 for the IRS, a 4 percent increase.

Source: The Associated Press

Toxics Release Inventory Detailed Data Requirement Restored

The $410 billion ‘‘Omnibus Appropriations Act of 2009 (spending bill) (H.R. 1105) that President Barack Obama signed on March 11 will reinstate detailed toxic chemical reporting at more than 3,500 facilities nationwide that is included in the Toxics Release Inventory (TRI). The TRI program is the federal public right-to-know program for toxic chemicals. Health officials, federal, state and local governments, businesses and the public all use TRI to understand and reduce threats to public health. The law came in the wake of the tragic disaster at a Union Carbide facility in Bhopal, India, killing thousands of people. Congress passed the law to ensure that communities know how much of a variety of dangerous industrial chemicals are released into the air, water and ground.

In 2006, as a response to terrorism concerns, the Bush administration reduced the amount of information that facilities storing and releasing smaller amounts of toxic chemicals had to submit to the federal government. Sen. Frank Lautenberg, D-N.J., who authored the portion of the 1986 law requiring toxics reporting, sponsored the provision, believing terrorism threats have been reduced enough to restore the public's right to know about chemicals in their air and water.

Officials from industries affected by the rule, who estimate they spend $650 million a year complying with the current reporting requirements, believed the changes adopted under Bush lightened their regulatory burden without jeopardizing public health. Companies using less than 5,000 pounds of toxic chemicals, or releasing less than 2,000 pounds, could use shorter, less detailed forms. Congressional auditors believed the change would have cut by a quarter the number of emissions reports the government receives each year.

New Jersey and 12 other states recently sued the EPA to restore the old reporting thresholds.

(AP, DenverPost.com, PolitickerNJ.com, OMB Watch)

Senate Energy Majority Draft Bill on Transmission Siting

Draft Electricity Siting Test

Siting

Ø A national high priority transmission project is any project of 345 kilovolts or higher that is included in an interconnection-wide transmission plan as defined in this section.

Ø No person may construct, acquire or operate any new high-priority national transmission project or modify such a project without a certificate issued by the Federal Energy Regulatory Commission.

Ø Provides for the FERC to condition applications for certificates, right of eminent domain, judicial review, and for a lead agency role for FERC in conducting environmental reviews under applicable Federal laws.

Planning

Ø Requires FERC to issue a request for applications for entities to assume the role of regional planning entity for the Eastern and Western Interconnections.

Ø FERC designates one entity to serve as the regional planning entity for each Interconnection.

Ø Not later than one year after designation, each regional planning entity shall submit to FERC an Interconnection-wide transmission plan.

Ø Planning for the addition of high-priority national transmission projects must take into consideration support for the development of new renewable generation, opportunities for reduction of emissions from regional power production, cost savings resulting from congestion reduction and other efficiencies, enhanced fuel diversity, reliability, and other national priorities.

Ø Failure to submit a plan by a regional planning entity will result in FERC assumption of the role of planning coordinator. States or sub-regions may submit sub-regional plans which FERC must consider.

Ø The Commission may impose a regional surcharge to fund activities of the regional planning entities.

Ø The plan does not apply to Alaska, Hawaii or ERCOT, unless such entities voluntarily elect to participate.

Cost Allocation

Ø The regional planning entity may, after consultation with states, file a cost allocation plan with FERC to allocate costs for the projects developed pursuant to the plan.

Ø FERC shall approve the cost allocation plan, unless it finds it to result in rates that are not just and reasonable and unduly discriminatory or preferential, would unduly inhibit the development of renewable generation projects, would not allow the transmission provider the opportunity to recover prudently incurred costs, including a reasonable return on investment.

Ø If the regional entity is unable to submit a plan, FERC will assume the allocation of costs, providing for costs for high priority national transmission projects to be allocate broadly within the interconnection, or a sub-region of it.

Ø It is the policy of the United States that long-term transmission rights, of firmness and duration to support generation development shall be available to new renewable generation facilities. (Senate Energy & Natural Resources Committe-Majority)

See Also Harry Reid Proposal

Obama Nominates Sherburne Abbot as Science Advisor

President Barack Obama has nominated Sherburne "Shere" Abbott to be Associate Director of Environment, Office of Science and Technology Policy. Abbott is a faculty member of the College of Liberal Arts at the University of Texas at Austin and serves as the Director of the Center for Science and Practice of Sustainability in the Office of the Executive Vice President and Provost. Previously she served as Chief International Officer of the American Association for the Advancement of Science (AAAS), the largest general science organization in the world, where she was responsible for the International Office, and where she established and directed the Center for Science, Innovation and Sustainable Development.

She earned her Bachelor’s Degree in biology from Goucher College and her Master’s Degree in environmental science and natural resource policy from Yale University. (The White House, Austin Business Journal)

High Speed Rail On Fast Track Under Obama Administration

President Obama's initiative to fund high-speed and intercity passenger rail programs includes $8 billion in stimulus money (American Recovery and Reinvestment Act of 2009) and $5 billion more over the next five years in the administration's proposed FY 2010 transportation budget. In total, nearly half of the $48 billion in stimulus money for transportation projects will go toward rail, buses and other non-highway projects, including $1.3 billion for Amtrak and its rapid rail service, Acela. (Wash Post, 3/8/09)

EPA Proposes 1st Nat'l Reporting on GHG Emissions

The U.S. Environmental Protection Agency (EPA) today proposed the first comprehensive national system for reporting emissions of carbon dioxide and other greenhouse gases produced by major sources in the United States. Through this new reporting, EPA will have comprehensive and accurate data about the production of greenhouse gases. This is a critical step toward helping us better protect our health and environment – all without placing an onerous burden on our nation’s small businesses. Greenhouse gases, like carbon dioxide, are produced by the burning of fossil fuels and through industrial and biological processes.

Approximately 13,000 facilities, accounting for about 85 percent to 90 percent of greenhouse gases emitted in the United States, would be covered under the proposal. The new reporting requirements would apply to suppliers of fossil fuel and industrial chemicals, manufacturers of motor vehicles and engines, as well as large direct emitters of greenhouse gases with emissions equal to or greater than a threshold of 25,000 metric tons per year. This threshold is roughly equivalent to the annual greenhouse gas emissions from just over 4,500 passenger vehicles. The vast majority of small businesses would not be required to report their emissions because their emissions fall well below the threshold.

The direct emission sources covered under the reporting requirement would include energy intensive sectors such as cement production, iron and steel production, and electricity generation, among others. The first annual report would be submitted to EPA in 2011 for the calendar year 2010, except for vehicle and engine manufacturers, which would begin reporting for model year 2011. EPA estimates that the expected cost to comply with the reporting requirements to the private sector would be $160 million for the first year. In subsequent years, the annualized costs for the private sector would be $127 million. EPA is developing this rule under the authority of the Clean Air Act. The proposed rule will be open for public comment for 60 days after publication in the Federal Register. Two public hearings will be held during the comment period. More information on the proposed rule.

Creating A Smart Grid: What is the smart grid?

The smart grid as an intelligent two-way network used to deliver base load and alternative energy supply to our customers. It integrates energy efficiency, demand response and distributed-resources technologies to enable the grid operators to make intelligent decisions that help them run the grid more efficiently, reliably and at a lower cost. Ultimately, technology can greatly improve the ability of the system to react in an automated manner in real time. While the grid is the delivery channel by which we can introduce these tools and technologies into the mix, demand response, distributed resources, alternative energy and energy efficiency have fundamental differences.

Energy efficiency is a tool to reduce the need for base load, while demand response is used primarily to reduce peak loads. These are two very different tools to deliver very different outcomes, but we often hear energy efficiency and demand response talked about as if they are interchangeable. They are complementary perhaps, but not the same.

It appears that much of what is being developed today is focused on communications platforms and protocols to move data. Moving data, however, will not make utilities any smarter about how to optimally operate the grid. In fact, more data might make things worse. If the data can't be harnessed and converted into grid intelligence, then the notion of a smart grid won't evolve beyond the conceptual stage.

By Joe Belechak - Transmission & Distribution World, August 2007

Senator Harry Reid Introduces Transmission Legislation

Senate Majority Leader Harry Reid introduced the Clean Renewable Energy and Economic Development Act of 2009 on March 5 that would establish renewable energy zones with significant generation potential and provide FERC with authority to site transmission lines to carry electricity from those zones to load centers. The legislation will require the president to designate renewable energy zones with significant clean energy generating potential. Then, a massive planning effort will begin in all the interconnection areas of the country to maximize the use of that renewable potential by building new transmission capacity. Under the legislation, states would propose cost allocation means to fund the new lines in the green transmission grid plans. If either process falters, the federal government would be given clear authority to keep things moving and get the new transmission built on schedule and funded equitably. The bill is aimed at promoting investment in transmission to increase access to renewable power and establishing a streamlined planning and siting process for transmission lines.

The bill allows transmission project developers to apply to FERC for federal backstop siting for green transmission projects that are part of the green transmission grid plan and integrate renewable energy resources from renewable energy zones, or for transmission projects that FERC determines are needed to integrate renewable generation resources. For states that participate in interconnection-wide planning, this bill requires FERC to consider state recommendations in siting the line, and to work with states to resolve differences. This bill gives FERC the authority to issue a construction permit, including the right of eminent domain, for green transmission projects that meet specific conditions, including a minimum renewable requirement, optimizing transmission capacity, and providing transmission access to states the project passes through. To coordinate the process of siting transmission on Federal lands, this bill sets FERC as the lead agency for environmental reviews, with a single environmental review document, and directs affected agencies to develop a memorandum of understanding, including a schedule for environmental review and a budget necessary to carry out the schedule.

See Also Senate Energy & Natural Resources Committe Majority Draft Bill

General Electric Stock Price Threatens Wind & Nuclear

Shares of General Electric Corporation (GE) stock fell to $6.73 and fell to $5.73 at one point this week. This is the lowest level since 1991. The GE board has also decided to reduce the latest dividend to 10 cents from 31 cents. GE manufactures wind turbines and the Advanced Boiling Water Reactor (ABWR) nuclear power plant, which is certified by the Nuclear Regulatory Commission (NRC). If GE is delisted from the New York Stock Exchange, which would happen if the stock price falls below one dollar, it would put the company in danger of becoming insolvent. Such a prospect would be a real blow to future wind and nuclear power projects. (WSJ, WSJ, 3/4/09)

Todd Stern: Special Envoy For Climate Change

Todd Stern was appointed by President Barack Obama in January to be the top U.S. negotiator of international climate-change agreements. He is urging Congress to pass legislation curbing greenhouse-gas emissions in advance of the Copenhagen, Denmark international summit in December. As President Barack Obama's special envoy for climate change he will have the lead in assessing whether the USA should sign onto a successor to the 1997 Kyoto Protocol. That treat committed many industrialized nations to cutting their emissions. The USA is not a signatory to the treaty. Neither is China or India (formally).

A road map agreed to by industrialized countries at a 2007 summit in Bali, Indonesia, suggests that industrialized countries to reduce their emissions by between 25% and 40% by 2020. Mr. Stern does not believe the USA can meet those aggressive targets. President Obama's goal is to return U.S. emissions to their 1990 levels by 2020 and his budget proposal calls for reducing U.S. emissions roughly 80% below 2005 levels by 2050.

Stern is a graduate of Dartmouth College (1973) and has a J.D. from Harvard Law School. (WSJ, 3/4/09)

Center Opens North Carolina Branch

We are proud to announce that the Center for Environment, Commerce & Energy (Center) has opened in North Carolina and will be based in Charlotte thanks to Deon Bradley, who will serve as director of the branch.

Coal, Capitol Power Plant and Nancy Pelosi

PRESIDENT'S CORNER. By Norris McDonald

Speaker of the House Nancy Pelosi has been all over the map on using coal at the Capitol Power Plant. First she bought offsets to cover the carbon dioxide (CO2) and commissioned a study for greening the Congress. Then in response to a pending march on the Capitol Power Plant by radical environmentalists, she announced that she would 'back out' the use of coal at the plant (representing 43% of energy input). Natural gas is used to produce 47% and oil 10% of the energy needed to produce heating and air conditioning. Then a day before the march, Speaker Pelosi reversed again saying the plant would continue to use coal and she decided to stop purchasing offsets to replace the CO2. So what's the deal?

Radical environmentalists want to shut down all of the coal plants, including the 43% of coal used at the Capitol Power Plant (it does not produce electricity). The Capitol Power Plant will now be used as the 'whipping boy' for the larger global warming legislation that will be introduced in the Congress very soon. Senate Environment & Public Works Committee Chairwoman Barbara Boxer and House Energy & Commerce Committee Chairman Henry Waxman want to introduce legislation as soon as possible. Senate Energy & Natural Resources Committee Chairman Jeff Bingaman wants a new energy bill introduced this spring too. Pelosi is outnumbered inside and outside the Beltway.

The Center believes national security is served by having a three-fuel capability at the Capitol Power Plant. We would even suggest building a back up plant with triple capability. We suggest that Speaker Pelosi should return to purchasing offsets though. Offset allowances will be central to the climate change bill and she should show support for the mechanism. The Center is also pushing a program to convert CO2 into gasoline and Energy Defense Reservations (EDR) to provide baseload power to the national smart grid. EDR would provide a studier backbone to the wind and solar facilities planned for the Midwest and West.

Switching From Coal To Natural Gas at Capitol Power Plant

Speaker Pelosi Letter To Architect of the Capitol

Boxer Might Use Budget Reconciliation For Cap-and-Trade

Sen. Barbara Boxer (D-Calif.) is considering the budget reconciliation process as a shortcut for passing cap-and-trade legislation. Budget reconciliation legislation cannot be filibustered and therefore does not require meeting the 60-vote threshold that has consistently been a key hurdle to passage of global warming legislation. Only 51 votes would be needed for passage if the climate change legislation is attached as an amendment to the 2009 Budget Reconciliation bill. Debate over use of the reconciliation process for key policy items is always controversial in the

Previous efforts to move cap-and-trade legislation received 48 votes last summer. Another attempt in 2005 won 43 votes in 2005. Senate Republicans and moderate Democrats would become apoplectic over a proposal to use the budget mechanism as a way to consider this highly complex piece of legislation. But it has to be tempting because it is much easier to get 51 votes than it is to get 60 votes. (The NYT, 3/1/09)

Obama Nominates Kathleen Sebelius as Secretary of HHS

President Barack Obama has nominated Kansas governor Kathleen, right, to be his Secretary of Health and Human Services (HHS). Governor Sebelius has a very strong environmental record. She supports climate change mitigation, recyclying and increased renewables energy use. Governor Sebelius established a voluntary Renwable Portfolio Standard to requires utilties in the state to provide electricity using renewables in the following percentages: 10% by 2010, 20% by 2020 and [later increased to] 25% by 2025. She also called for a 10 percent reduction in overall energy use. (EXECUTIVE ORDER 08-03)

Governor Sebelius rejected the construction of a huge coal plant on the grounds that carbon dioxide is a pollutant regulated under the Clean Air Act. Last fall, the Secretary of the Kansas Dept. of Health and Environment (KDHE), Rod Bremby, turned down permits for the building of two new mega-huge coal-fired power plants in southwest Kansas. Bremby cited the plants' potential CO2 emissions of up to 11 million tons a year and said the state of Kansas couldn't ignore the dangers of global warming. Kansas relies on coal-fired plants to provide 75 percent of its electricity. (DOE) (Everyday Citizen)

Obama Nominates Gary Locke as Commerce Secretary

President Barack Obama has nominated the former governor of Washington, Gary Locke, left, to be Secretary of Commerce. Locke has an impressive environmental protection record and was one of the first to enact regulations to limit climate change. In May 2005 Locke signed regulations into law requiring new power plants that burn fossil fuels to offset 20 percent of their carbon dioxide emissions. In 2003, the Democratic governors of California, Oregon and Washington, including Locke, agreed to cooperate in reducing greenhouse gas emissions on the West Coast.

Lock sought more state autonomy on brownfields and Superfund cleanups. He supported application of "Good Samaritan" rules to abandoned mine cleanup, which included a proposal to amend the Clean Water Act to protect a remediating agency from becoming legally responsible for any continuing discharges from the abandoned mine site after completion of a cleanup project, provided that the remediating agency, or 'Good Samaritan,' does not otherwise have liability for that abandoned or inactive mine site and attempts to improve the conditions at the site. He backed collaborative, incentive driven, locally-based solutions to water quality restoration.

In 2003, Governor Locke asked the U.S. Navy for an explanation of the use of sonar that may have disrupted whales and caused the death of porpoises north of Seattle. Locke also made endangered Chinook salmon preservation a priority. (Source: Environment News Service)

$25 Billion In Electric Car Loans Not Yet Being Used

The U.S. Department of Energy (DOE) has $25 billion to make loans to produce electric vehicles. Unfortunatedly, although these loans have been available since 2007, no money has been allocated so far. The Advanced Technology Vehicles Manufacturing Loan program, established in 2007, has received applications from 75 companies, including start-ups as well as the three Detroit automakers. The loans also are intended to help fulfill President Obama's campaign promise of putting one million electric cars on American roads by 2015. DOE Secretary Stephen Chu announced that the first loans would be made by late April or early May.

The Energy Department accepted 25 loan applications by the December 31 deadline. Another $2 billion is coming to DOE from the $787 billion stimulus package. That money will be used to develop the advanced battery technology needed to power electric cars, batteries more durable, safer and cheaper than anything available today.

G.M. and Chrysler have applied for a combined $13 billion from the Energy Department, must wait until the end of March for the Obama administration to decide whether the companies’ restructuring plans would make them viable. With credit markets tight, the program represents a source of financing to develop electric-vehicle technology. General Motors is requesting $8.3 billion, earmarking a portion for the Chevy Volt, a plug-in hybrid. Ford is asking for $5 billion for a variety of electric car retooling programs and Chrysler is asking for around $5 billion. (NYTimes, 2/27/09)

Obama Budget Proposes Cutting Yucca Mountain Budget

President Obama's FY 2010 Budget Request would cut funding for the proposed nuclear-waste repository at Yucca Mountain in Nevada. A document accompanying Mr. Obama's proposal said funding for the project "will be scaled back to those costs necessary to answer inquiries from the Nuclear Regulatory Commission, while the Administration devises a new strategy toward nuclear-waste disposal." (WSJ 2/26/09) Center President Norris McDonald is pictured at left at the exit of the Yucca Mountain repository in Nevada.

The Center, through its work with the Nuclear Fuels Reprocessing Coalition (NFRC), is proposing that nuclear waste should be taken out of the U.S. Department of Energy altogether with responsiblity transfered to a new agency that would only manage such products. NFRC is proposing to amend the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101) to establish the United States Nuclear Waste Management Agency (NWMA) to manage all Federal and civilian spent nuclear fuel and high-level radioactive waste management programs currently under the control of the United States Department of Energy. NWMA would also establish and operate low-level radioactive waste receipt, supplementary segregation, treatment and burial or monitored/retrievable storage facilities on a fee basis. It would promote spent nuclear fuel reprocessing as a viable technology to aid in achieving and maintaining our national security and National Energy Policy goals. It would also expedite the ability to significantly reduce the total volume of radioactive waste designated for disposal in a Federal geologic repository at Yucca Mountain.

More Taxes/Fees on Oil Companies in 2010 Obama Budget

In its $3.55 trillion FY 2010 Budget Request, the Obama administration proposes to raise about $32 billion over 10 years from oil and gas companies. This includes a repeal of tax breaks for domestic production and new charges on oil and gas production in the Gulf of Mexico. The FY 2010 Obama budget request calls for about $13 billion over 10 years in new charges on oil and gas companies from the repeal of a tax deduction for domestic production. The Obama administration also proposed a new excise tax on oil and gas production in the Gulf of Mexico, which would raise about $5 billion over the next 10 years. The White House also has plans to charge user fees to oil companies for processing oil and gas drilling permits on federal lands to ensure that federal taxpayers receive their fair share. (WSJ, 2/26/09)

Department of Energy FY 2010 Budget Request

The FY 2010 Budget Request for the U.S. Department of Energy is $26.3 billion. Funding Highlights:

• Begins to build a new economy that is powered by clean and secure energy through funding provided in the 2010 Budget and the $39 billion provided for energy programs in the American Recovery and Reinvestment Act of 2009.

• Provides significant increases in funding for basic research and world-leading scientific userfacilities to support transformational discoveries and accelerate solutions to our Nation’s most pressing problems – including the development of clean energy.

• Supports economic investment and positions the United States as the world leader in climate change technology.

• Accelerates the transition to a low-carbon economy through increased support of the developmentand deployment of clean energy technologies such as solar, biomass, geothermal, wind, and low-carbon emission coal power.

• Builds on the $11 billion provided in the Recovery Act for smart grid technologies, transmission system expansion and upgrades, and other investments to modernize and enhance the electric transmission infrastructure to improve energy efficiency and reliability.

• Supports and encourages the early commercial deployment of innovative, clean energy technologies through loan guarantees.

• Reduces security risks through the detection, elimination, and securing of nuclear material and radiological sources worldwide while maintaining the safety, security, and reliability of the nuclear weapons stockpile.

• Continues the Nation’s efforts to reduce environmental risks and safely manage nuclear materials.

Source: U.S. Government FY 2010 Budget Request (OMB)

EPA FY 2010 Budget Request Largest In Agency's History

The Obama administration today proposed a budget of $10.5 billion for the U.S. Environmental Protection Agency, the largest in the agency’s 39-year history. The increase of $3 billion from last year will further ensure the protection of public health and the environment for all Americans. Last week, President Obama announced the American Recovery and Reinvestment Act of 2009, which includes $7.22 billion for EPA-administered projects and programs to protect human health and the environment. Some key highlights of 2010 budget initiatives include:

· $3.9 billion for the Clean Water State Revolving Fund and Drinking Water State Revolving Fund grants to support approximately 1,000 clean water projects and 700 drinking water projects - this year’s largest single investment. In addition to the funds recently invested through the ARRA, this funding is a critical step in addressing the water infrastructure needs in thousands of communities across the country. EPA will work with state and local partners to develop a sustainability policy, including management and pricing, conservation, security and a plan for adequate long-term state and municipal funding for future capital needs.

· A new $475 million, multi-agency Great Lakes Initiative to protect the world’s largest fresh water resource. EPA will coordinate with federal partners, states, tribes, localities and other entities to protect, maintain and restore the chemical, biological and physical integrity of the lakes. EPA and its partners will address invasive species, non-point source pollution, habitat restoration, contaminated sediment and other critical issues.

· A $19 million increase for the greenhouse gas emissions inventory and related activities that will provide data critical for implementing a comprehensive climate change bill. EPA’s funding for climate change investments is the foundation for working with key stakeholders and Congress to develop an economy-wide cap-and-trade program to reduce greenhouse gas emissions approximately 83 percent below 2005 levels by 2050.

· Strengthening EPA’s core research, enforcement and regulatory capabilities. The budget request also proposes reinstating the Superfund excise taxes that expired. Reinstating the Superfund taxes would collect over $1 billion annually to fund the cleanup of the nation’s most contaminated sites.

Source: EPA

FY 2010 Budget Request

President Obama & CO2 Allowance Auction Program

The Center supports a cap-and-trade program for carbon dioxide (CO2) and we solve the environmental justice 'hot spots' issue through our Environmental Justice Allowance Reserve reocmmendation. The Center has also formulated an Elderly Allowance Reserve. The Center believes the CO2 cap-and-trade program should be modeled on the successful Clean Air Act Acid Rain Program.

In the Acid Rain Program Allowances were allocated for each year beginning in 1995. Phase I included certain electricity generating units. EPA allocated allowances at an emission rate of 2.5 pounds of SO2/mmBtu (million British thermal units) of heat input, multiplied by the unit's baseline mmBtu (the average fossil fuel consumed from 1985 through 1987). In Phase II, which began in the year 2000, EPA expanded the group of affected sources to include virtually all units over 25 MW in generating capacity. EPA allocated allowances to each unit at an emission rate of 1.2 pounds of SO2/mmBtu of heat input, multiplied by the unit's baseline. Beginning in 2010, the Act places a cap at 8.95 million on the number of allowances issued to units each year. This effectively caps emissions at 8.95 million tons annually and ensures that the mandated emissions reductions are maintained over time. (EPA)

To supply the auctions with allowances, EPA set aside an Auction Allowance Reserve of approximately 2.8 percent of the total annual allowances allocated to all units. During Phase I, when the allocated allowances totaled 5.7 million allowances annually, 150,000 allowances were withheld every year for auctions. During Phase II, when allowance allocations total 8.95 million allowances annually, 250,000 allowances were withheld annually for auctions.For the first 13 years, the auctions were conducted for EPA by the Chicago Board of Trade (CBOT). CBOT was not compensated by EPA for its services nor allowed to charge fees. Beginning with the fourteenth annual auction in March 2006, CBOT chose to stop administering the auctions for EPA. This means EPA now handles all aspects of the auctions. (EPA)

The Center believes President Obama should pattern his cap-and-trade program after the Acid Rain Program. All stakeholders agree the Acid Rain Program was a complete success. The CO2 cap-and-trade program could be equally successful if it is modeled after the Acid Rain Program.

President Obama currently wants to auction the initial allocation of allowances and use the proceeds to fund renewable energy projects and provide additional payments to low-income families to help them pay for any increase in utility bills. Proceeds from the auction would come in to the federal government and then would pay for about $150 billion worth of spending on various low-carbon technologies over 10 years; the rest of the money raised would be refunded to the people, especially vulnerable families, communities and businesses to help the transition to a clean-energy economy. We believe this recommendation is too complex and will also be politically bludgeoned at a 'carbon tax.'

Center Registration in EPA Acid Rain Program

Center Registration in EPA NOx Program

President Obama Addresses Joint Session of Congress

Remarks of President Barack Obama – As Prepared for Delivery

Address to Joint Session of Congress

Tuesday, February 24th, 2009 [Energy]

"It begins with energy.

We know the country that harnesses the power of clean, renewable energy will lead the 21st century. And yet, it is China that has launched the largest effort in history to make their economy energy efficient. We invented solar technology, but we’ve fallen behind countries like Germany and Japan in producing it. New plug-in hybrids roll off our assembly lines, but they will run on batteries made in Korea.

Well I do not accept a future where the jobs and industries of tomorrow take root beyond our borders – and I know you don’t either. It is time for America to lead again. Thanks to our recovery plan, we will double this nation’s supply of renewable energy in the next three years. We have also made the largest investment in basic research funding in American history – an investment that will spur not only new discoveries in energy, but breakthroughs in medicine, science, and technology.

We will soon lay down thousands of miles of power lines that can carry new energy to cities and towns across this country. And we will put Americans to work making our homes and buildings more efficient so that we can save billions of dollars on our energy bills. But to truly transform our economy, protect our security, and save our planet from the ravages of climate change, we need to ultimately make clean, renewable energy the profitable kind of energy.

So I ask this Congress to send me legislation that places a market-based cap on carbon pollution and drives the production of more renewable energy in America. And to support that innovation, we will invest fifteen billion dollars a year to develop technologies like wind power and solar power; advanced biofuels, clean coal, and more fuel-efficient cars and trucks built right here in America.

As for our auto industry, everyone recognizes that years of bad decision-making and a global recession have pushed our automakers to the brink. We should not, and will not, protect them from their own bad practices. But we are committed to the goal of a re-tooled, re-imagined auto industry that can compete and win. Millions of jobs depend on it. Scores of communities depend on it. And I believe the nation that invented the automobile cannot walk away from it.
None of this will come without cost, nor will it be easy. But this is America. We don’t do what’s easy. We do what is necessary to move this country forward."

IPCC Chairman Testifies Before Senate EP&W Committee

United Nations Intergovernmental Panel on Climate Change (IPCC) Chairman R.K. Pachauri presented testimony today before the Senate Environment and Public Works Committee at a hearing entitled, “Update on the Latest Global Warming Science.” Committee Chairwoman Barbara Boxer and Ranking Minority committee member James Inhofe went after each other on the science of climate change and global warming. Chairwoman Boxer also went after Princeton Physics Professor William Happer for supporting Inhofe's anti global warming view by stating that a unit related to him had received $1 million in grants from ExxonMobil over the past 10 years. Senator Inhofe slammed the science of the other three witnesses.

Witness Panel:

R.K. Pachauri PhD Chairman United Nations Intergovernmental Panel on Climate Change

Christopher Field PhD Director, Department of Global Ecology, Carnegie Institution for Science, Stanford University Co-chair of Working Group II (Climate Change Impacts, Adaptation, and Vulnerability [including North America]), United Nations Intergovernmental Panel on Climate Change

Howard Frumkin MD, MPH, DrPH Director, National Center for Environmental Health, Centers for Disease Control and Prevention Director, Agency for Toxic Substances and Disease Registry

William Happer PhD Professor of Physics Princeton University

Court Limits FERC Power To Override States on Power Lines

The Center supports increasing the Federal Energy Regulatory Commission's power to override state decisions on transmission lines when it is in the national interest. But the 4th U.S. Circuit Court of Appeals in Richmond, Virginia, issued a ruling on February 18th that limits the Federal Energy Regulatory Commission's power to override state decisions on transmission lines. The ruling was related to a proposed $2.1 billion, 190-mile high-voltage power line in upstate New York. Not-In-My-Back-Yard (NIMBY) opponents feel the New York Regional Interconnect (NYRI) line is not needed and would adversely affect communities and the environment.

NYRI wants to build a 1,200-megawatt line from the Utica area south through seven upstate New York counties to bring power to the New York City area. The Department of Energy has designated the proposed power line route as one of two "national interest energy transmission corridors" where Washington officials can approve new transmission lines over the objections of local and state authorities in certain circumstances. Under the court ruling, FERC would not have jurisdiction if the state denies the project within one year of filing of the application with the state. But if the state denies it after one year has expired, FERC would have jurisdiction. NYRI claims the application was filed with the state one year ago, which means the court ruling will have no bearing on NYRI's ability to seek FERC intervention if the state denies the application. The state Public Service Commission, however, lists the filing date as Aug. 8, 2008, because that's when the application was accepted as complete by the agency. That means FERC would not be able to intervene unless the PSC has failed to issue a decision by Aug. 8, 2009.

An administrative law judge will hold hearings from March 16 to April 16 and later render a decision that the commission could accept or reject. The commission hasn't set a timetable for action. (Newsday.com)

President Obama's Energy & Climate Bills Should Include

President Obama's energy and global warming bills should complement each other by placing a mandatory cap on carbon dioxide (CO2) and other greenhouse gas emissions and raise automobile fuel economy standards to 42 miles per gallon. We support a cap-and-trade program but do not support auctioning the initial allowances that are the 'currency' of the program. Auctioning the initial allowances to the utilities instead of allocating them free is a back door tax because the expense will just be passed on to ratepayers by the utilities. It makes the program too complex to have the allowance funds to go to the federal government to then be used for renewables projects and paying the energy bills of low-income households. The Obama administration should copy the EPA Acid Rain Program. Botched electricity utility deregulation is already increasing prices for customers.

The Obama administration also appears to be backing off of using the Clean Air Act to regulate CO2 through EPA promulgation, preferring instead to rely on specific Congressional legislation to address climate change mitigation. We agree with this approach. The 42 m.p.g fuel standard in an energy bill will cover transportation global warming mitigation and will also cover EPA's waiver request from California, which wants to implement its own standard that would exceed the Energy Policy Act of 2005's 35 m.p.g. Such legislation will also cover the northeastern states' Regional Greenhouse Gas Initiative (RGGI) and such initiatives in other areas of the country.

Finally, we need an international climate change treaty that includes China and India as a precursor to our own climate change legislation. If we do not have cooperation from these countries, it will not matter what we do to curb greenhouse gas emissions. Such a treaty should also be harmonized with Kyoto II that will be considered in Copenhagen later this year.

316(b): Secret Weapon To Destroy Nuclear & Coal Plants

After the furor over 911 subsided and the terrorism argument was no longer viable as a way to scare the public about nuclear power plants, traditional environmentalists have turned to a new weapon: A Clean Water Act regulation that could possibly require nuclear and coal plants that use 'once through' cooling water to build huge cooling towers. This is a shut down scenario and traditional environmentalists know it. Unfortunately, shutting down once through nuclear plants will significant hurt our fight against global warming. And shutting down the coal plants will leave us without enough electricity to power our society.

The Center is in the forefront of protecting America's nuclear fleet from this menace. Court rulings and EPA regulations are still going back and forth over the 316(b) regulation relating to 'best technology available' for protecting river, lake and ocean fish. Ristroph Screen technology is the best technology available. Center staff are pictured at right standing near such screens at a nuclear power plant water intake area. Although some fish eggs and larvae are what are called impinged and entrained on screens and through the cooling system, electricity power plants pose little danger to the overall fish populations.

The Center has a long history of fish protection and river clean ups. We have conducted numerous river tours, creek walks and water testing. These activities have included macroinvertebrate species tests using kick seins (see photos above). We will continue to work to protect fish populations and assure that America has sufficient electricity to maintain the American way of life. We will also continue our work to mitigate global warming by promoting the safe use of nuclear power.

President Obama Nominates Deputy EPA Administrator

UPDATE: Jon Cannon Withdraws. President Obama's nominee for U.S. EPA's second highest post abruptly pulled out of the Senate confirmation process today (3/25/09) because of an investigation into the nonprofit group (America's Clean Water Foundation) where he once served on the board of directors. (NYT, 3/25/09)

President Obama announced his intent to nominate Jonathan "Jon" Z. Cannon, left, for Deputy Administrator of the Environmental Protection Agency. Cannon is currently a professor of environmental law as well as the director of the Environmental and Land Use Law Program at the University of Virginia. Cannon has served as senior counsel at Beveridge & Diamond law firm. Prior to joining the University of Virginia, Cannon served in numerous positions within the EPA during the Reagan, George H.W. Bush, and Clinton administrations, eventually rising to general counsel.

Cannon has served at EPA as Chief Financial Officer and Assistant Administrator for the Office of Administration and Resources Management, general counsel, Cannon was deputy general counsel for Litigation and Regional Operations, Deputy Assistant Administrator for Civil Enforcement, Deputy Assistant Administrator of the Office of Solid Waste Emergency Response (OSWER), Acting Assistant Administrator for OSWER, Assistant Administrator for Administration and Resource Management and Chief Financial Officer. Cannon graduated with a BA from Williams College in 1967 and a J.D. from University of Pennsylvania in 1974.

Iran To Test Commercial Nuclear Plant

Iran plans to operate its first nuclear power plant this year and is performing tests this week at the 1,000-megawatt reactor. The Bushehr plant is being built by the Russian state company Atomstroiexport, which also supplies enriched uranium for the plant's operation. The Russian program with Iran is similar to our Global Nuclear Energy Partnership (GNEP) program that helps other nations use commercial nuclear power while protecting against proliferation of nuclear weapons. The spent uranium has to be returned to Russia. If Iran sticks to its commercial use of nuclear power to generate electricity, it should be a valuable asset to the Iranian people.

According to the United Nations, Iran is cooperating well with U.N. International Atomic Energy Agency nuclear inspectors. Iran would have to withdraw from the Non-Proliferation Treaty, kick out international inspectors, break U.N. seals on batches of uranium and shut down dozens of U.N. cameras that monitor nuclear sites across the country in order to start producing nuclear weapons. The Center agrees with U.S. and Israeli policies that production of nuclear weapons by Iran is unacceptable. (The Washington Post, 2/23/09)

Hillary Clinton, South Korea & Nuclear Power

Secretary of State Hillary Clinton visited South Korea this week stopping in Seoul to dicuss North Korea, climate change and trade issues. Yet North Korea complicates the constructive use of nuclear power by being provocative. The North detonated a low-yield nuclear device in October 2006. That device was developed through the reprocessing of plutonium. Yet North Korea allows inspections of its nuclear facilities to get removed from Washington's list of nations that sponsor terrorism and then they renege. Unfortunately, these actions hurt programs such as the Global Nuclear Energy Partnership (GNEP), which promotes the international peaceful use of commercial nuclear power.

South Korea has four commercial nuclear power stations that contain 20 reactors with six reactors under construction that will come on line between 2010 and 2016 and two more planned. About 45% of South Korea's electricity is produced using nuclear power. (Wiki)

The Center hopes the Obama administration will continue with the GNEP Program. The Center participated in a Korea broadcasting program to discuss nuclear power. Center President Norris McDonald is interviewed for the program "Science Cafe," about the pending Nuclear Renaissance. The interview was conducted by a Korean production crew on December 1, 2007. See the video below: