EPA Hearing on Greenhouse Gas Permits

The U.S. Environmental Protection Agency (EPA) will hold apublic hearing on its proposed federal implementation plan forgreenhouse gas permitting. The federal plan would allow EPA to issue permits for large GHG emitters located in states unable to address these emissions under their Clean Air Act permitting program. This would be a temporary measure that is in place until the state can revise its own plan and resume responsibility for permitting.

The hearing will begin at 9:00 a.m. and continue until 6:00 p.m. EDT time, or later if necessary, at the following location:

WHO: EPA officials
WHAT: Public hearing
WHEN: September 14, 2010
WHERE: EPA Ariel Rios East Building, Room 11531301 Constitution Avenue, N.W.Washington, D.C.

The public may register on the day of the hearing, and will be workedinto openings in the schedule of speakers. EPA also will accept written comments on the proposed standards until October 14, 2010.

More information and instructions for submitting written comments

Federal Agency Strategic Sustainability Performance Plans

Continuing a commitment to lead by example, the White House released Federal Agency Strategic Sustainability Performance Plans on September 9, 2010, which work to achieve the environmental, economic and energy goals called for in the Executive Order on Federal Leadership in Environmental, Energy and Economic Performance (Executive Order 13514) signed by President Obama on October 5, 2009.

Under the Executive Order, Federal agencies were asked to develop, implement and annually update a plan that prioritizes actions based on a positive return on investment for the American taxpayer and to meet energy, water, and waste reduction targets.

Click on this link to view individual agency Strategic Sustainability Performance Plans.

EPA Requests Information on Hydraulic Fracturing Chemicals

Information on hydraulic fracturing chemicals is key to agency study of potential impacts on drinking water

The U.S. Environmental Protection Agency (EPA) today announced that it has issued voluntary information requests to nine natural gas service companies regarding the process known as hydraulic fracturing. The data requested is integral to a broad scientific study now underway by EPA, which Congress in 2009 directed the agency to conduct to determine whether hydraulic fracturing has an impact on drinking water and the public health of Americans living in the vicinity of hydraulic fracturing wells.

In making the requests of the nine leading national and regional hydraulic fracturing service providers – BJ Services, Complete Production Services, Halliburton, Key Energy Services, Patterson-UTI, PRC, Inc., Schlumberger, Superior Well Services, and Weatherford – EPA is seeking information on the chemical composition of fluids used in the hydraulic fracturing process, data on the impacts of the chemicals on human health and the environment, standard operating procedures at their hydraulic fracturing sites and the locations of sites where fracturing has been conducted.

Hydraulic fracturing is a process in which large volumes of water, sand and chemicals are injected at high pressures to extract oil and natural gas from underground rock formations. The process creates fractures in formations such as shale rock, allowing natural gas or oil to escape into the well and be recovered. During the past few years, the use of hydraulic fracturing has expanded across much of the country. EPA announced in March that it will study the potential adverse impact that hydraulic fracturing may have on drinking water. To solicit input on the scope of the study, EPA is holding a series of public meetings in major oil and gas production regions to hear from citizens, independent experts and industry.

The initial results of the study will be announced in late 2012. EPA will identify additional information for industry to provide – including information on fluid disposal practices and geological features – that will help EPA carry out the study. EPA has requested the information be provided on a voluntary basis within 30 days, and has asked the companies to respond within seven days to inform the agency whether they will provide all of the information sought. EPA expects the companies to cooperate with these voluntary requests. If not, EPA is prepared to use its authorities to require the information needed to carry out its study.

View the letter on the voluntary information request

More

Center Hydraulic Fracturing Evaluation Criteria

USDA Promotes Biomass to Replace Fossil Fuels at Biorefineries

The USDA has announced the selection of a biorefinery producer to receive payments under a program to encourage the use of renewable biomass as a replacement for fossil fuels that provide process heat or power for biorefineries.

Lincolnway Energy, LLC, based in Nevada, Iowa, has been selected to receive a $1.9 million payment award. The company produces 55 to 60 million gallons per year of fuel-grade ethanol. The USDA payment will reimburse the firm for costs to modify a boiler to burn wood and other biomass.

USDA's Repowering Assistance Program was authorized under the 2008 Farm Bill and allows USDA to make payments to eligible biorefineries to encourage the use of renewable biomass as a replacement fuel source for fossil fuels used to provide process heat or power in the operation of these eligible biorefineries. Biorefineries that were in existence when the Bill was enacted, June 18, 2008, are eligible to apply.

More information

Deepwater Horizon: Accident Investigation Report

Eight key findings related to the causes of the accident emerged. These findings are briefly described below.

Video

1 The annulus cement barrier did not isolate the hydrocarbons. The day before the accident, cement had been pumped down the production casing and up into the wellbore annulus to prevent hydrocarbons from entering the wellbore from the reservoir. The annulus cement that was placed across the main hydrocarbon zone was a light, nitrified foam cement slurry. This annulus cement probably experienced nitrogen breakout and migration, allowing hydrocarbons to enter the wellbore annulus. The investigation team concluded that there were weaknesses in cement design and testing, quality assurance and risk assessment.

2 The shoe track barriers did not isolate the hydrocarbons. Having entered the wellbore annulus, hydrocarbons passed down the wellbore and entered the 9 7/8 in. x 7 in. production casing through the shoe track, installed in the bottom of the casing. Flow entered into the casing rather than the casing annulus. For this to happen, both barriers in the shoe track must have failed to prevent hydrocarbon entry into the production casing. The first barrier was the cement in the shoe track, and the second was the float collar, a device at the top of the shoe
track designed to prevent fluid ingress into the casing. The investigation team concluded that hydrocarbon ingress was through the shoe track, rather than through a failure in the production casing itself or up the wellbore annulus and through the casing hanger seal assembly. The investigation team has identified potential failure modes that could explain how the shoe track cement and the float collar allowed hydrocarbon ingress into the production casing.

3 The negative-pressure test was accepted although well integrity had not been established. Prior to temporarily abandoning the well, a negative-pressure test was conducted to verify the integrity of the mechanical barriers (the shoe track, production casing and casing hanger seal assembly). The test involved replacing heavy drilling mud with lighter seawater to place the well in a controlled underbalanced condition. In retrospect, pressure readings and volume bled at the time of the negative-pressure test were indications of flow-path communication with the reservoir, signifying that the integrity of these barriers had not been achieved. The Transocean rig crew and BP well site leaders reached the incorrect view that the test was successful and that well integrity had been established.

4 Influx was not recognized until hydrocarbons were in the riser. With the negative-pressure test having been accepted, the well was returned to an overbalanced condition, preventing further influx into the wellbore. Later, as part of normal operations to temporarily abandon the well, heavy drilling mud was again replaced with seawater, underbalancing the well. Over time, this allowed hydrocarbons to flow up through the production casing and passed the BOP. Indications of influx with an increase in drill pipe pressure are discernable in real-time data from
approximately 40 minutes before the rig crew took action to control the well. The rig crew’s first apparent well control actions occurred after hydrocarbons were rapidly flowing to the surface. The rig crew did not recognize the influx and did not act to control the well until hydrocarbons had passed through the BOP and into the riser.

5 Well control response actions failed to regain control of the well. The first well control actions were to close the BOP and diverter, routing the fluids exiting the riser to the Deepwater Horizon mud gas separator (MGS) system rather than to the overboard diverter line. If fluids had been diverted overboard, rather than to the MGS, there may have been more time to respond, and the consequences of the accident may have been reduced.

6 Diversion to the mud gas separator resulted in gas venting onto the rig. Once diverted to the MGS, hydrocarbons were vented directly onto the rig through the 12 in. goosenecked vent exiting the MGS, and other flow-lines also directed gas onto the rig. This increased the potential for the gas to reach an ignition source. The design of the MGS system allowed diversion of the riser contents to the MGS vessel although the well was in a high flow condition. This overwhelmed the MGS system.

7 The fire and gas system did not prevent hydrocarbon ignition. Hydrocarbons migrated
beyond areas on Deepwater Horizon that were electrically classified to areas where the potential for ignition was higher. The heating, ventilation and air conditioning system probably transferred a gas-rich mixture into the engine rooms, causing at least one engine to overspeed, creating a potential source of ignition.

8 The BOP emergency mode did not seal the well. Three methods for operating the BOP in the emergency mode were unsuccessful in sealing the well.

- The explosions and fire very likely disabled the emergency disconnect sequence, the
primary emergency method available to the rig personnel, which was designed to seal the wellbore and disconnect the marine riser from the well.
- The condition of critical components in the yellow and blue control pods on the BOP very likely prevented activation of another emergency method of well control, the automatic mode function (AMF), which was designed to seal the well without rig personnel intervention upon loss of hydraulic pressure, electric power and communications from the rig to the BOP control pods. An examination of the BOP control pods following the accident revealed that there was a fault in a critical solenoid valve in the yellow control pod and that the blue control pod AMF batteries had insufficient charge; these faults likely existed at the time of the accident.
- Remotely operated vehicle intervention to initiate the autoshear function, another
emergency method of operating the BOP, likely resulted in closing the BOP’s blind shear ram (BSR) 33 hours after the explosions, but the BSR failed to seal the well.

Through a review of rig audit findings and maintenance records, the investigation team found indications of potential weaknesses in the testing regime and maintenance management system for the BOP.

The team did not identify any single action or inaction that caused this accident. Rather, a complex and interlinked series of mechanical failures, human judgments, engineering design, operational implementation and team interfaces came together to allow the initiation and escalation of the accident. Multiple companies, work teams and circumstances were involved over time.

(Source: BP)

Green Electric Port Gibson Biomass Plant Scoping

The Center, in cooperation with National Clean Fuels (NCF), has entered into a preliminary agreement with Port Gibson, Mississippi Mayor Fred Reeves to develop alternative energy projects. Projects targeted include biofuels, solar, wind, waste and other green technologies. Project development will be coordinated by Dyson Engineering and Technical Services.

The Center and NCF met with Mayor Reeves and other stakeholders on Wednesday, September 1, 2010 to discuss the parameters of the 'Green Port Gibson Project.' The Center, NCF and Mayor Reeves agreed to move forward with consideration and conceptualization of alternative energy projects. Others participating in the meeting included Port Gibson Alderman Marvin Ratliff, Alcorn State University Community Resource Development Liaison Charles Shepphard, Port Gibson Main Street Manager Kenneth D. Ross, and Rural Community Development Corporation President Clarence Scutter.

Derry Bigby, Clarence Scutter, Mayor Fred Reeves, Charles Shepphard, Norris McDonald, Maurice Stone

Mississippi lawmakers have authorized $51 million in new incentives to help a company to bring three biofuel plants to Mississippi. The incentives, along with an existing $30 million loan already available from the state, add up to an $81 million incentive package. The incentive package also included $2 million for research on biomass usage in producing renewable fuel that goes to Alcorn State University and Mississippi State University. It is being touted that Mississippi could become to biofuels what Texas is to oil. [The Natchez Democrat, "Could Mississippi Be Biomass Headquarters, 8/31/2010]

The Center, NCF and Mayor Reeves hope to include Port Gibson in this new green development renaissance.

After the meeting, Center President Norris McDonald and Center Vice President Derry Bigby took a short tour of the Mississippi River and Lake Yucatan on the Louisiana side of the river (see video below). The river tour was arranged by Mayor Reeves and was conducted by Soloman Wilson.

Gulf Shallow Water Oil Platform Fire

Fire on the Mariner Energy-owned Oil Platform Off the Coast of Louisiana

A fire occurred on a production platform owned by Mariner Energy located in Vermillion Bay Block 380, approximately 102 miles off the coast of Louisiana. The production platform was producing oil and gas at or near the time of the fire. While the facts are still emerging, a few significant facts are known:

• The incident occurred on a production platform, not a drilling rig or a so-called “oil rig.”

• The incident was not related to drilling operations. Production platforms produce oil or gas – essentially act as pumping stations moving oil and gas from its source to a pipeline for transportation. Production platforms can produce oil and gas from wells that were drilled years – or even decades – in the past.

All 13 crew members (in water) were rescured

• The accident is an industrial accident was not caused by any drilling or downhole operations. The incident could have occurred at any industrial site – onshore or offshore.

• Production platforms do not have blowout preventers like drilling rigs since production platforms are not engaged in offshore drilling.

Production platforms have shut-in and safety valves, which were activated.

(Shallow Water Energy Security Coalition, Frank Maisano)

EPA & BPC 40th Anniversary of the Clean Air Act

The U.S. Environmental Protection Agency (EPA) and the Bipartisan Policy Center (BPC) are sponsoring The 40th Anniversary of the Clean Air Act: Public Health Improvements, Technology Advancements, and Remaining Air Quality Challenges conference on September 14, 2010, at the Mellon Auditorium, Washington DC.

Registration to confirm your participation by registering on the following site (due by Sept 3).

Conference agenda with confirmed speakers and more specific topics for presentations and panel sessions. BPC will be hosting a reception after the conference at the Mellon Auditorium from 4:30 pm to 7 pm.

In addition the conference will be accessible to remote audiences via webcast (EPA) or (BPC).

Biden Releases Report Showing Recovery Act Energy Impact

On August 24 Vice President Joe Biden, left, unveiled a new analysis showing that the American Recovery and Reinvestment Act's $100 billion investment in innovation is helping accelerate significant advances in science and technology. According to "The Recovery Act: Transforming the American Economy through Innovation," the United States is now on track to achieve three major energy innovation breakthroughs thanks to Recovery Act investments:

1) cutting the cost of solar power in half by 2015;

2) reducing the cost of batteries for electric vehicles by 70% between 2009 and 2015; and

3) doubling U.S. renewable energy generation and renewable manufacturing capacity by 2012.

The report projects cost of the typical all-electric vehicle (EV) battery will shrink from the current $33,000 to $10,000 in 2015, while plug-in hybrid batteries will drop from $13,000 to $4,000 apiece. These cuts will make EVs and hybrids competitive with similar non-electric vehicles.

Additionally, the United States is poised to both double renewable energy generation and renewable manufacturing capacity by 2012, aided by more than $23 billion of Recovery Act investments. The Recovery Act strategy calls for the doubling of U.S. renewable energy manufacturing capacity from an annual output of 6 GW of renewable equipment (such as wind turbines or solar panels) to 12 GW by the end of 2011. (DOE)

DOE Press Release

White House Innovation Web Site

Full Report (PDF 1.3 MB)

Center Presents Statement at EPA Coal Ash Hearing

FULL WRITTEN STATEMENT

Center President Norris McDonald provided comments at the EPA hearing on coal ash at the Hyatt Regency in Crystal City, Virginia. He also submitted a more detailed written statement for the record.

Norris McDonald with EPA Office of Resource Conservation and Recovery Staff

The Center recommended a hybrid of the two proposed rules as the final rule. Coal combustion residuals (CCR) [1] (Coal Ash) should be ruled as hazardous if it is not directed to beneficial reuse. The Center is taking the best from both proposals and combining them into a rule that will both stimulate beneficial reuse while policing indiscriminate warehousing of such waste that can then pose a risk to surrounding communities.

The Center recommended that beneficial reuse should include utilizing coal ash as a substitute for Portland cement in the production of concrete. Beneficial reuse should exclude the use of CCR in residences. Our proposal should also eliminate the shipment of residuals to landfills in vulnerable communities.

The Center combines the two proposals by: making the effective date one year after the final rule is promulgated for most provisions; requiring state and local enforcement; the corrective action being self-implementation combined with monitoring by States and EPA; no requirement for financial assurance or permit issuance; requirements for storage, including containers, tanks, and containment buildings pending reuse; reinforce impoundments and cease receiving CCRs for surface impoundments built before rule is finalized; phase out new surface impoundments and install composite liners for newly hazardous CCR for surface impoundments built after the rule is finalized; no liner requirements, but require groundwater monitoring for landfills built before the rule is finalized; liner requirements and groundwater monitoring for landfills built after rule is finalized and requirements for closure and post-closure care monitored by States and EPA.

Norris McDonald with EPA Office of Resource Conservation and Recovery Staff

[1] CCRs include fly ash; bottom ash; flue gas desulfurization (FGD) materials, including synthetic gypsum; and boiler slag.

InterAcademy Council Assesses U.N. IPCC in New Report

The InterAcademy Council released a report today saying the Intergovernmental Panel on Climate Change (IPCC) needs to make several changes to reduce errors and the chance of bias in its reports, including fundamentally reforming its management structure. The council is a consortium of national academies of science. The council said the IPCC should also establish an executive committee that includes people outside the climate-science community, and it should limit the term of its chairman to one term. The current limit of two six-year terms for the chairman "is too long," according to the council press release.

The reforms would aid in seeing that "due consideration was given to properly documented alternative views." In addition, the news release said, the IPCC's guidelines for dealing with sources that aren't peer-reviewed are "too vague" and should be made more specific to try to minimize errors from the use of such sources. The report called on the IPCC to better characterize uncertainty in particular aspects of climate science.

The report also called on the IPCC to develop a conflict-of-interest policy for participants.
The investigation was requested by the IPCC in March, following the disclosure of a handful of errors in the IPCC's 2007 climate-science report. Among the errors was a projection that Himalayan glaciers would melt by 2035. The IPCC later said that projection lacked scientific basis. (WSJ, 8/30/2010)

EPA, DOT Propose New Fuel Economy Labels

The U.S. Department of Transportation (DOT) and the U.S. Environmental Protection Agency (EPA) are jointly proposing changes to the fuel economy labels consumers see on the window of every new vehicle in dealer showrooms. The proposed rule seeks public comment on label design options and related issues. The public can view the proposed rule and labels and submit comments as part of the rulemaking process via email.

EPA and DOT are asking the American people to tell them what they need to make the best economic and environmental decisions when buying a new car. New fuel economy labels will keep pace with the new generation of fuel efficient cars and trucks rolling off the line, and provide simple, straightforward updates to inform consumers about their choices in a rapidly changing market. The agencies want to help buyers find vehicles that meet their needs, keep the air clean and save them money at the pump.”

New technologies such as battery electric vehicles and plug-in hybrids are entering the American market in greater numbers. The goal of the new fuel economy labels is to provide consumers with simple, straightforward energy and environmental comparisons across all types of vehicles, including electric vehicles (EV), plug-in hybrid electric vehicles (PHEV), and conventional gasoline-powered vehicles.

DOT and EPA are looking to provide enhanced information on efficiency and environmental performance – including information about air pollutants, such as smog, that impact public health – to consumers. The Energy Independence and Security Act of 2007 specifically calls on EPA and DOT to rate available vehicles according to fuel economy, greenhouse gas emissions and smog forming pollutants.

EPA and DOT are proposing two new label designs for comment. One label design prominently features a letter grade to communicate the vehicle’s overall fuel economy and greenhouse gas emissions performance. The new design will also provide consumers with an estimate of the expected fuel cost savings over five years compared to an average gasoline-powered vehicle of the same model year.

The second proposed label retains the current label’s focus on miles per gallon (MPG) and annual fuel costs, while updating the overall design and adding the required new comparison information on fuel economy and emissions.

Both proposed label designs expand on the content of the current label by including new information on fuel consumption, tailpipe carbon dioxide (CO2) emissions and smog-related emissions. The new labels would provide information on a new web-based interactive tool that can also be accessed by smart phone. This tool would allow consumers to personalize the information about a vehicle’s performance.

For EVs and PHEVs, the agencies are proposing to show energy use by translating electricity consumption into miles per gallon equivalent. The proposed label designs for EVs also include energy use expressed in terms of kilowatt-hours per 100 miles.

DOT and EPA encourage public feedback on all aspects of the proposal, including which designs or design features would best help consumers compare fuel economy, fuel costs, and environmental impacts of different vehicles and across different vehicle technologies.

The agencies are proposing that the label only present information on vehicle tailpipe emissions. Upstream emissions, which are associated with electricity generation or refining fuel, would not be displayed on the label. EPA and DOT propose to develop a website to provide consumers additional information on non-tailpipe emissions, while taking comment on other approaches to provide consumer information about lifecycle emissions across various vehicle fuels and technologies. The agencies are aiming to complete the rule in time to allow the new label to appear on the windows of as many 2012 model year vehicles as possible.

DOT and EPA are providing a 60-day public comment period that begins with the proposal’s publication in the Federal Register.

More information on the proposed labels and submitting comments.

EPA Loses A Giant: Mr. M. Allyn Brooks-LaSure

M. Allyn Brooks-LaSure is ending his tenure at EPA today to join the Foreign Service. He is going back to his roots. Before going to work for state and federal governments, Brooks-LaSure was Senior Director of Communications for the Save Darfur Coalition (right).

M. Allyn Brooks-LaSure, left, joined EPA in February 2009 as Deputy Associate Administrator for Public Affairs. He was an aide to New Jersey Governor Jon Corzine when Corzine was a U.S. senator and served as a spokesman for New Jersey Senator Robert Menendez.

California Proposition 23, the Suspension of AB 32

California Proposition 23, an initiative to suspend AB 32, the Global Warming Act of 2006, is on the November 2, 2010 ballot in California. If it passes it will suspend AB 32, a law enacted in 2006 and referred to as the Global Warming Solutions Act. The Center supported AB 32 and worked with a coalition of environmental groups for its passage.

The goal of the potential November initiative is to freeze the provisions of AB 32 until California's unemployment rate drops to 5.5% or below for four consecutive quarters. AB 32 requires that greenhouse emission levels in the state be cut to 1990 levels by 2020, in a gradual process of cutting that is slated to begin in 2012. AB 32 includes a provision allowing the Governor of California to suspend the provisions of AB 32 if there are "extraordinary circumstances" in place, such as "significant economic harm". However, Governor Arnold Schwarzenegger has said he will not suspend AB 32; therefore, the supporters of Proposition 23 decided to circulate a petition to accomplish a suspension. (Ballotpedia)

EPA Denies Petition Calling for Lead Ammunition Ban

The U.S. Environmental Protection Agency today denied a petition calling for a ban on the production and distribution of lead hunting ammunition. EPA sent a letter to the petitioners explaining the rejection. EPA reached this decision because the agency does not have the legal authority to regulate this type of product under the Toxic Substances Control Act (TSCA) – nor is the agency seeking such authority.

EPA is taking action on many fronts to address major sources of lead in our society, such as eliminating childhood exposures to lead; however, EPA was not and is not considering taking action on whether the lead content in hunting ammunition poses an undue threat to wildlife.

There are no similar jurisdictional issues relating to the agency's authority over fishing sinkers, so EPA, as required by law, will continue formally reviewing a second part of the petition related to lead fishing sinkers.

Those wishing to comment specifically on the fishing tackle issue. EPA will consider comments that are submitted by September 15. (EPA)

Obama Administration Right On Utility Supreme Court Case

The Obama administration sided with major utility companies in a Supreme Court case about climate change. Administration officials believe the Environmental Protection Agency's regulatory proposals to reduce carbon dioxide emissions made the lawsuit unnecessary. The Center agrees with the administration on this issue.

The case dates to 2004, when eight state governments, the city of New York and three land trusts sued the Tennessee Valley Authority and five other utilities burning fossil fuels to generate electricity. The plaintiffs said the utilities' greenhouse emissions posed a "public nuisance" because they contributed to climate change. They asked the court to order the utilities to reduce emissions "by a specified percentage each year for at least a decade." Although they lost in district court, a two-judge panel of the 2nd Circuit ruled in their favor on Sept. 21, 2009. The administration weighed in on behalf of the TVA, a federal agency.

The Center agrees with Acting Solicitor General Neal Katyal, that the EPA was using its authority to regulate carbon dioxide under the Clean Air Act, an authority it won in a case decided in April 2007:

"The agency's actions since the 2nd Circuit ruling last year changed the situation, including fuel-efficiency standards, an EPA finding that carbon dioxide posed a danger and initial steps toward regulating emissions at new or rebuilt power plants. EPA has already begun taking actions to address carbon-dioxide emissions.

That regulatory approach is preferable to what would result if multiple district courts - acting without the benefit of even the most basic statutory guidance - could use common-law nuisance claims to sit as arbiters of scientific and technology-related disputes and de facto regulators of power plants and other sources of pollution."

(WashPost, 8/26/2010)

EPA Hearing On Coal Fly Ash Proposal

The Environmental Protection Agency is hosting hearings to allow residents to present their views on a proposed coal-ash disposal rule.

The hearing in the Washington Metropolitan Area will be from 10 a.m. to 9 p.m. Monday in the Potomac Room of the Hyatt Regency Crystal City, at 2799 Jefferson Davis Hwy in Arlington County. Alexandria, Fairfax County and Dumfries have coal-ash dumps.

The Center will be presenting a statement at the hearing.

Other cities:

Thursday, September 2, 2010 at the Grand Hyatt, 1750 Welton Street, Denver, CO, 80202

Wednesday, September 8, 2010 at the Hyatt Regency Dallas, 300 Reunion Blvd, Dallas, TX, 75207

Tuesday, September 14, 2010 at the Holiday Inn Charlotte (Airport) 2707 Little Rock Road, Charlotte, NC, 28214

Thursday, September 16, 2010 at the Hilton Chicago, 720 Michigan Ave, Chicago, IL, 60605

Tuesday, September 21, 2010 at the Omni Hotel, 530 William Penn Place, Pittsburgh, Pennsylvania 15219

Tuesday, September 28, 2010 at the Seelbach Hilton, 500 Fourth Street, Louisville, KY 40202-2518

To sign up to speak at the hearings

Center Statement: National Deepwater Horizon Commission

Commission Co-Chair Reilly & McDonald
Center President Norris McDonald presented testimony before the National Commission on the Deepwater Horizon Oil Spill and Offshore Drilling today. The hearing was held in the Atrium Ballroom of the Ronald Reagan Building in Washington, D.C.

C-SPAN Video [McDonald statement at 03:55:25]

FULL STATEMENT

Excerpts:

The Center opposes expanded drilling off the East and West Coasts and Coasts of Florida. The Center will continue to work to reestablish the moratorium on expanded drilling.

The Macondo Well should be put into production by a responsible offshore oil production company. BP estimates that the reservoir contains upward of 50 million barrels of oil. A significant portion of the money from such production should go directly to the families of the 11 people killed during the April 20, 2010 explosion. Additional revenues should go to economic relief for the Gulf economies that have been negatively affected by the oil spill disaster.

The Center has opposed the moratorium on deepwater drilling because of the harm to the Gulf economy and our belief that the other companies have been operating responsibly.

The Center supports the efforts of some of Exxon Mobil Corp, Royal Dutch Shell PLC and ConocoPhillips to provide emergency response services for deepwater oil blowouts.

Lisa Jackson Commerorates Hurricane Katrina in New Orleans

EPA Administrator Travels to New Orleans to Commemorate Hurricane Katrina Anniversary

Four-day visit will include visits with students, residents and community organizations

U.S. Environmental Protection Agency Administrator Lisa P. Jackson is traveling to New Orleans for a series of events commemorating the fifth anniversary of Hurricane Katrina and the continued rebuilding of neighborhoods and areas devastated by the hurricane. She will remain in the region until Sunday.

Administrator Jackson, a native of New Orleans, who grew up in Pontchartrain Park, will speak to students on her New Orleans upbringing, Hurricane Katrina’s impact and EPA’s role in helping to revive and restore the region. Administrator Jackson will also give remarks to several environmental and community organizations and speak with residents and local volunteers.

Commission On Gulf Spill Hearing in Washington, DC

NATIONAL COMMISSION on the BP DEEPWATER HORIZON OIL SPILL AND OFFSHORE DRILLING

Commission Co-Chairs: Bob Graham & William K. Reilly

Commissioners: Frances Beinecke; Frances Ulmer; Donald Boesch; Terry D. Garcia; Cherry A. Murray.Executive Director: Richard Lazarus

HEARING NOTICE: The National Oil Spill Commission extends an invitation for interested parties to attend its upcoming public hearing regarding regulatory oversight of offshore drilling, including:

History & Expansion of Offshore Drilling
Existing Regulatory Structure & Agency Roles
Meeting the Regulatory Challenges
Changing Government & Changing Business

More information about the hearing and the Commission.

WHEN: Wednesday, August 25th 9:00 a.m. - 5:30 p.m. Public hearing

8:00 a.m. Registration begins

4:30 p.m. - 5:30 p.m. Public comment period

The meeting is open to the public, with a one-hour public comment period, with participants chosen on a first-come, first-serve basis. Time allotted per public comment will be 3 minutes. Registration for those wishing to participate in the public comment period opens on-site at 8:00 a.m. Please provide a written copy of public comments during on-site registration, if possible.

WHERE: Ronald Reagan Building (NOTE: Picture ID Required to Enter Building)
1300 Pennsylvania Avenue, NW
Atrium Ballroom

BP Oil Spill Disaster Hearings Continue in Houston, Texas

The Coast Guard and the Bureau of Ocean Energy Management, Regulation and Enforcement have continued hearings on the BP Oil Spill Disaster at the Hilton hotel across from the Houston Hobby Airport. The hearings will last all week. BP and Transocean employees are scheduled to testify this week. The previous hearings were in a New Orleans suburb, but for technical reasons involving jurisdiction and subpoenas, the government decided to relocate to Houston.

C-SPAN VIDEO

The federal investigators are not looking to bring charges, but they will write a report, with safety recommendations, at the end of their inquiry. The witnesses are sworn in, and they are questioned for hours at a stretch. The testimony could become material for the hundreds of lawsuits that have been filed. The Justice Department is separately conducting a criminal probe. (WashPost, 8/223/2010)

Philippines Halting Indiscriminate Coal Fly Ash Disposal

A Mandaue City court issued a directive on Saturday halting the disposal of coal ash generated by coal-fired power plants located in Naga and Toledo Cities in Cebu. Last August 20, Mandaue City Regional Trial Court (RTC) Presiding Judge Marilyn Lagura-Yap issued a temporary environmental protection order (TEPO) to remedy the "indiscriminate coal ash disposal" in the cities of Naga and Toledo. The Philippine Earth Justice Center (PEJC), EcoWaste Coalition and other concerned groups and residents acted as petitioners for invoking the precautionary principle to uphold the constitutional rights of affected communities in seeking protection from improperly disposed coal ash, which constitutes a public health hazard.

PEJC and other petitioners said that "even in the absence of full scientific certainty as to how much harm coal ash affects the health of petitioners and the ecosystem, this Court is still required under the rules to exercise and adopt a precautionary attitude." It also cited the "Supreme Court Rules of Procedure for Environmental Cases," which said that the following factors may, among others, be considered in applying said precautionary principle, namely: Threats to human life or health, inequity to present or future generations, or prejudice to the environment without legal consideration of the environmental rights of those affected. (Yahoo News, Manila Bulletin, 8/21/2010)

Shallow Water Energy Security Coalition on Gulf Job Losses

Statement from the Shallow Water Energy Security Coalition regarding Obama administration job loss estimates related to stalled drilling operations in the Gulf of Mexico:

"Recent news reports indicate that prior to imposing the deepwater drilling moratorium, senior Obama Administration officials concluded that the ban would cost at least 23,000 jobs," said Jim Noe, Executive Director of the Coalition and President of Delta Towing, LLC. "Disturbing as that is, the figure does not come close to telling the real story of the economic impact that recent Administration offshore policies have had."

"Over 40,000 workers are directly employed in jobs related to shallow-water drilling, an industry that the Secretary of the Interior has repeatedly acknowledged is less risky than deep water drilling," said Randy Stilley, President and CEO of Seahawk Drilling. "And although Administration officials stand by their claim that there is no official moratorium on shallow water operations, the Interior Department's continuing delay in processing and approving shallow water permits has industry officials, politicians, and academics scratching their heads.

"Only three permits for new wells have been issued in over four months and no new exploration plans have been approved," continued Stilley. "As a result, 14 of the 46 shallow water rigs available for use are now idle waiting on permits to drill new wells. By the end of August, 25 rigs will be taken offline, 32 by the end of September. This will leave over 3,000 workers without a job to do, not even counting the thousands of crewboat workers, caterers, truck drivers, welders, manufacturers and scores of others supporting the industry. Several hundred rig workers have already been laid off."

"We look forward to a report next week from economic experts at the Maguire Energy Institute at Southern Methodist University," said Noe. "The report will focus on the Department's inaction and the severe impacts that the delays in shallow-water permitting are having not only on the Gulf Coast but on the entire nation."

(Frank Maisano)

Renaissance in Construction of Coal Plants

An Associated Press examination of Energy Department records and information provided by utilities and trade groups shows that more than 30 traditional coal plants have been built since 2008 or are under construction. Coal is already used to generate 50% of the electricity in the United States. The expansion is the coal industry's largest in two decades. Proposals to regulate carbon emissions failed in Congress utilities are betting that building a coal-fired power plant attractive because Congress is probably not going to put a serious financial cost on emitting carbon dioxide.

Utilities stick with coal because it is abundant and cheaper than natural gas or nuclear power and more reliable than intermittent power sources such as wind and solar. Approval of the plants has come from state and federal agencies that do not factor in emissions of carbon dioxide, considered the leading culprit behind global warming. Lawsuits and other legal challenges led to the cancellation of numerous coal plants. Current construction is far more modest than projected a few years ago when 151 new plants were forecast by federal regulators.

Sixteen large plants have fired up since 2008, and 16 more are under construction, according to records examined by the AP. Combined, they will produce an estimated 17,900 megawatts of electricity, sufficient to power up to 15.6 million homes -- about the number of homes in California and Arizona combined. They also will generate about 125 million tons of greenhouse gases annually, according to emissions figures from utilities and the Center for Global Development. That's the equivalent of putting 22 million additional automobiles on the road. (Wash Post, 8/23/2010)

BP Should Produce From Macondo Well (Or Donate It To Us)

PRESIDENT'S CORNER

By Norris McDonald

Now that the Macondo Well has been capped and the 'static kill' has worked, BP should proceed to producing oil from that field. We suspect that BP and the federal government will come to the same conclusion once the November 'political season' is over. I think there is evidence of this having read The Washington Post account:

"Before Macondo receives a conclusive dose of mud and cement at its base via a relief well, engineers want to take the old, damaged blowout preventer off the wellhead and replace it with a new blowout preventer. That will delay the "bottom kill" until after Labor Day, according to retired Coast Guard Adm. Thad Allen, the national incident commander."

Clearly, installing a new blowout preventer signals that BP wants to produce from this well. We agree with this approach. A significant portion of the money from such production should go directly to the families of the 11 people killed during the April 20, 2010 explosion. Additional revenues should go to economic relief for the Gulf economies that have been negative affected by the oil spill disaster. After all, according to The Post:

"The entire reservoir contains upward of 50 million barrels of oil, according to BP."

Do the math. Today's price for crude oil is $74 per barrel. That is at least $3.7 billion. The Center requested a five percent ownership share of the Macondo Well in June. Of course, BP turned down our proposal. We also requested such an ownership share from their partners (Anadarko 25% owner and Mitsui 10% owner) in the Macondo field. We have not heard from them yet. If these companies do not have the will to produce from the Macondo well, they should just donate it to us outright and we will produce from that site. (Wash Post, 8/21/2010)

Hawaii: The Sarah Dome Project

The purpose of The Sarah Project is to research, develop and introduce technologies for energy conservation and sustainability within the Hawaiian Islands. Their ultimate goal coincides with the non-profit sister organization, The Sarah Dome Project, which is working towards the development of a fully self-sustainable community with conservation and homeless rehabilitation as motivations. The Sarah Dome Project seeks to lead the world into the future with durable, affordable, eco-friendly and self-sustaining housing that produces its own energy and leaves no carbon footprint.

The Sarah Dome Project utilizes the superadobe model for residential construction. Superadobe is a form of adobe (earthen) construction that uses long snake-like sand bags and wire in buildings with arches and domes, for strong and attractive results. Superadobe construction is a development based on the principles of traditional adobe construction with a few adjustments made to further stabilize the system. Whereas some traditional adobe construction boasts structures standing for over 500 years, traditional adobe is vulnerable to damage by earthquakes. Superadobe, on the other hand, is intended to be earthquake-resistant. Another benefit of Superadobe construction - which can be said of many natural building techniques - is that renovation is simply a matter of mixing more Superadobe and applying it to the existing structure. Maintenance is therefore easily achieved as structures can be continually improved upon. (Apropedia-Superadobe)

The Sarah Dome Project is headed by Rex Shafer. Sarah is his daughter and the project is named after her. The Sarah Project operates under the Hawaiian Reforestation Program Foundation Inc., a 501(c)3 charitable organization. The Sarah Project needs donations to hire experts and purchase the land from Hawaii county. Christopher J. Wong is president of The Sarah Project. 808-854-0490

Western Climate Initiative

On July 27, 2010, the Western Climate Initiative (WCI) released the Final Design for its regional cap-and-trade program. Formed in 2007, the WCI is a partnership between seven states and four Canadian provinces aimed at reducing regional greenhouse gas emissions. The WCI and other regional greenhouse gas reduction programs have recently taken on renewed prominence in light of Congress’ stalled efforts to establish a comprehensive federal emission trading program.

The stated purpose of the WCI is to identify, evaluate and implement ways to collectively reduce greenhouse gases. The initiative requires partners to set an overall regional goal to reduce emissions, develop a market-based, multi-sector mechanism to help achieve that goal, and participate in a cross-border.

The initiative includes two types of membership: partners and observers.

The partners are: Arizona, California, Montana, New Mexico, Oregon, Utah, Washington, and the Canadian provinces of British Columbia, Manitoba, Ontario, and Quebec

The observers are Alaska, Colorado, Idaho, Kansas, Nevada, Wyoming, Saskatchewan (which objects to WCI plans for a cap and trade system), and the Mexican states of Baja California, Coahuila, Nuevo León, Sonora, and Tamaulipas.

The sustained economic downturn has withered state-level support for the WCI and cast doubt over the extent to which the program will be implemented by WCI’s January 2012 deadline. Some member states have expressly withdrawn support for the program, while others have indicated that they will not have regulations in place necessary to meet the January 1, 2012, implementation deadline. Nonetheless, the Final Design represents the clearest and most detailed articulation of an alternative to comprehensive federal climate change regulation. (Marten Law, FULL ARTICLE)

OSHA on Oil Spill Worker Training (Pre-Cap)

[Statement issued July 8, Macondo Well capped July 15]

OSHA Assistant Secretary Dr. David Michaels issued the following statement yesterday regarding training for Gulf Coast oil spill cleanup:

"Employees hired to be supervisors in the onshore and marine cleanup are required to receive extensive training. A rigorous 40-hour program is required under OSHA's Hazardous Waste Operation and Emergency Response Standard.

In order to meet the certifications of this 40-hour training, a combination of classroom and hands-on, applicable experience is required. This includes instruction on the makeup and risks associated with the hazardous material(s) involved, and experience with the equipment needed for the work, safety gear and local environment.

We have received reports that some are offering this training in significantly less than 40 hours, showing video presentations and offering only limited instruction. This training cannot be shortened to anything less than 40 hours. Moreover, computer-based training, which could be offered over the Internet, can be used as part of an overall 40-hour HAZWOPER training course. However, such training alone does not meet the full course requirements.

OSHA also recommends that the trainer-to-student ratio for this type of training be one trainer for every 30 students in the class. "If a worker feels the training he or she received by a private company or organization does not meet the HAZWOPER training requirements, he or she may contact the closest OSHA area office to file a complaint or call 800-321-OSHA (6742) for more information."

(ISHN, July 8, 2010)

EPA, DOI, CEQ Reopen Delta National Wildlife Refuge

EPA Administrator Lisa P. Jackson, far right, in Venice, Lousiana

joined (clockwise) Interior Secretary Salazar, CEQ Chair Sutley, NOAA

Administrator Lubchenco and other officials on a boat tour of the

Delta National Wildlife Refuge on Thursday. The 49,000 acre refuge

is home to fish, waterfowl and other wildlife and has been closed

since April. They visited to announce the refuges reopening on August 22.

NRC Early Site Permit Processs Discussion

Summary of July 15, 2010 Public Meeting to Discuss Effective Multi-Agency Pre-Application Interactions During the Early Site Permit Process

The purpose of the Early Site Permit for nuclear power plants is to resolve isues with the Nuclear Regulatory Commission (NRC) before construction.

Under Section 309 of the Clean Air Act, EPA review and rates all EISs. EPA has regulatory authority under several statutes including the Clean Air Act, Clean Water Act and Safe Drinking Water Acts. EPA has delegated authority to various states under the Clean Air and Clean Water Acts. EPA has an oversight role and veto authority under the Clean Water Act of the Section 404 permits that are issued by the Corps of Engineers.

The Corps of Engineers, per the Memorandum of Understanding with the NRC, is a cooperating agency with the NRC on its EISs for new reactors. The Corps is responsible for issuing Section 404 Clean Water Act permits for disturbing wetlands areas and Section 10 River and Harbors Act permit for impacts to navigable waters.

The nuclear industry wants to improve the efficiency of the environmental review process. The industry would like the Federal and State agencies to use the ESP environmental review to the maximum extent possible in their review at the combined operating license (COL) stage.

NRC Contact: Jack Cushing 301-415-1424