Monday, May 20, 2013
President Signs Infrastructure Permitting Memorandum
Friday, May 17, 2013
DOI Releases Updated Proposed Fracking Safety Standards
DOI Secretary Sally Jewell said, "As the President has made clear, this administration's priority is to continue to expand safe and responsible domestic energy production. In line with that goal, we are proposing some commonsense updates that increase safety while also providing flexibility and facilitating coordination with states and tribes. As we continue to offer millions of acres of America's public lands for oil and gas development, it is important that the public has full confidence that the right safety and environmental protections are in place." DOI indicated that approximately 90 percent of wells drilled on Federal and Indian lands use hydraulic fracturing, but the Bureau of Land Management's (BLM) current regulations governing hydraulic fracturing operations on public lands are more than 30 years old and were not written to address modern hydraulic fracturing activities. The revised proposed rule will modernize BLM's management of hydraulic fracturing operations, and help to establish baseline environmental safeguards for these operations across all public and Indian lands.
DOI indicated that the updated draft proposal maintains the three main components of the initial proposal: requiring operators to disclose the chemicals they use in fracturing activities on public lands; improving assurances of well-bore integrity to verify that fluids used during fracturing operations are not contaminating groundwater; and confirming that oil and gas operators have a water management plan in place for handling fluids that flow back to the surface. Building on preliminary input from key stakeholders and recommendations from the Department of Energy (DOE) Secretary's Advisory Board in 2011, the BLM proposed a draft rule in 2012 that took into account technologies already in use by companies to protect water resources, and existing methods for improving transparency through disclosure of the chemicals used in fracturing fluids [See WIMS 5/4/12].
The updated draft proposal addresses many of the more than 177,000 public comments that the BLM received during the initial 120-day public comment period that ended last fall, as well as other feedback received during eight forums and other meetings held with representatives of American Indian tribes. BLM Principal Deputy Director Neil Kornze said, "We know from experience that hydraulic fracturing and horizontal drilling methods can be used safely and effectively, employing many of the best management practices reflected in this draft rule. Our thorough review of all the comments convinced us that we could maintain a strong level of protection of health, safety, and the environment while allowing for increased flexibility and reduced regulatory duplication."
DOI indicated that the supplemental proposal being released revises the array of tools operators may use to show that water is being protected, and provides more guidance on trade secret disclosure, while providing additional flexibility for meeting these objectives. While the revised draft seeks to establish baseline environmental safeguards across all public and Indian lands, it also complements efforts of several states that are regulating hydraulic fracturing, including Colorado, Wyoming, North Dakota, and Texas. The proposal includes a variance process that allows for deferring to states and tribes that already have standards in place that meet or exceed those proposed by this rule.
Although the BLM is not proposing a material change in the provision that allows hydraulic fracturing flowback fluids to be stored either in tanks or in lined pits, the BLM is seeking comments on the costs and benefits of requiring flowback fluids to only be stored in closed tanks. A 30-day comment period begins when the proposed rule is published in the Federal Register. DOI indicated that once comments on the updated draft have been collected and analyzed, the BLM expects to issue a final rule that will ensure that operators apply proven cost-effective safety and environmental protection processes when engaging in hydraulic fracturing on public and Indian lands.
U.S. Senator Lisa Murkowski (R-AK), Ranking Member of the Senate Energy and Natural Resources (ENR) Committee said, "It's my belief that the states are prudently regulating hydraulic fracturing, and that BLM's revised rule should closely track state regulations. Federal regulators seem to acknowledge as much by asking for comments on a process that would allow drilling companies to follow state and tribal regulations that meet or exceed those proposed by this rule. While I'm still reviewing the full rule, it appears BLM has addressed some of the concerns, but we still must guard against duplicative and potentially contradictory regulations."
The Natural Resources Defense Council (NRDC) President Frances Beinecke issued a statement commenting on the proposed rules saying, "These rules protect industry, not people. They are riddled with gaping holes that endanger clean, safe drinking water supplies for millions of Americans nationwide. They also put the fate of millions of acres of America's last remaining wild places in jeopardy. With fracking already moving full steam ahead on federal lands, we need protective ground rules for communities and the environment. Instead, this draft is a blueprint for business-as-usual industrialization of our landscapes. The administration has a responsibility to be a leader in guarding against the risks of fracking. They must shift the direction away from industry wish lists and toward drinking water protection. That means addressing the major shortfalls in this draft before issuing a final rule, and preventing expanded fracking from moving forward unless and until sufficient safeguards are in place."
Michael Brune, Executive Director of the Sierra Club, issued a statement saying, "The Sierra Club is alarmed and disappointed by the fundamental inadequacy of the Bureau of Land Management's new proposed fracking regulations. After reviewing the draft rules, we believe the administration is putting the American public's health and well-being at risk, while continuing to give polluters a free ride. The draft BLM rules ignore the recommendations of the president's own shale gas advisory committee, which called for transparency, full public chemical disclosure, environmental safeguards, and pollution monitoring.
"Although no amount of regulation will make fracking acceptable, the proposed BLM rules fail even to take obvious steps to make it safer. This proposal does not require drillers to disclose all chemicals being used for fracking and continues to allow trade-secret exemptions for the oil and gas industry. There is no requirement for baseline water testing and no setback requirements to govern how close to homes and schools drilling can happen. The new rules also continue to allow the use of toxic diesel fuel for fracking, as well as open pits for storing wastewater -- two practices that we know to be environmentally hazardous. If President Obama honestly wants to tackle climate change, then he must look for every opportunity to keep dirty fossil fuels in the ground and to double down on clean energy solutions like wind, solar, and energy efficiency. The last thing we should be doing is opening up still more public land to drilling and fracking."
Erik Milito, the American Petroleum Institute (API) director of upstream and industry operations questioned the Bureau of Land Management's proposed rules. He indicated that rigorous state rules and state-based tools, such as FracFocus.org, are already in place to ensure responsible oil and natural gas development. He said, "States have led the way in regulating hydraulic fracturing operations while protecting communities and the environment for decades. While changes to the proposed rule attempt to better acknowledge the state role, BLM has yet to answer the question why BLM is moving forward with these requirements in the first place. The production of oil and natural gas from shale and tight sand formations is the most significant development in U.S. energy in generations. Confusing the regulatory system would stand in way of economic growth, job creation and the opportunity to generate billions in revenue for federal, state and local governments. We urge the administration and Congress to take a close look at this and other regulatory actions regarding oil and natural gas development. Smart energy policy will position the U.S. to be the world leader in energy development and realize the economic and energy security benefits of that leadership."
Karen Harbert, president and CEO of the U.S. Chamber's Institute for 21st Century Energy commented saying, "BLM's rule is a solution in search of a problem. States are much better suited to regulate hydraulic fracturing and have done an effective job. The new rule is duplicative to state regulation and the Department of Interior's rule fails to provide a credible rationale as to why another set of regulations are needed. Given that over three quarters of federal lands onshore are already off limits to exploration thanks to this Administration, this draft rule will make what little remains even more expensive and less feasible. This effort by the Administration comes at a time when America should be taking greater advantage of our natural resources to create jobs and improve our economy. Even more troubling, it could be a harbinger for things to come by setting the stage for regulation on private and state lands as well. "
National Association of Manufacturers (NAM) Vice President of Energy and Resources Policy Ross Eisenberg commented saying, "While we appreciate that BLM has acknowledged our concerns with the previously deeply flawed regulations, we are disappointed by the decision to still move forward with new regulations that could negatively impact a significant energy source for manufacturers. States have long been the primary regulators of hydraulic fracturing, and right now they are hard at work updating their regulations to protect public health and the environment. Rather than duplicate the states' efforts with a one-size-fits-all federal rule, we believe BLM should first work with states to identify any potential gaps or deficiencies and if any exist, help the states fix them. Reactive federal regulations can harm gains resulting from increased exploration of shale oil and gas. Limiting the comment period for this rule to only 30 days is simply not enough time to evaluate such complex regulations. . . Government policies should encourage development of these resources, and we fear that poorly-crafted regulations could accomplish the opposite. . ."
Access a release from DOI (click here). Access the prepublication Federal Register notice of Supplemental Notice of Proposed Rulemaking and Request for Comment (click here). Access a release from Sen. Murkowski (click here). Access a release from NRDC (click here). Access a release from Sierra Club (click here). Access a release from API (click here). Access a release from the U.S. Chamber(click here). Access a release from NAM (click here). [#Energy/Frack]
Thursday, May 16, 2013
Senate EPW Votes 10-8 To Nominate McCarthy As EPA Head
Wednesday, May 15, 2013
GAO On Adapting To Climate Change Impacts On Local Infrastructure
GAO indicates that the Federal government invests billions of dollars annually in infrastructure, such as roads and bridges, facing increasing risks from climate change. Adaptation -- defined as adjustments to natural or human systems in response to actual or expected climate change -- can help manage these risks by making infrastructure more resilient. GAO was asked to examine issues related to infrastructure decision making and climate change. This report examines: (1) the impacts of climate change on roads and bridges, wastewater systems, and NASA centers; (2) the extent to which climate change is incorporated into infrastructure planning; (3) factors that enabled some decision makers to implement adaptive measures; and (4) Federal efforts to address local adaptation needs, as well as potential opportunities for improvement. GAO reviewed climate change assessments; analyzed relevant reports; interviewed stakeholders from professional associations and Federal agencies; and visited infrastructure projects and interviewed local decision makers at seven sites where adaptive measures have been implemented.
GAO found that according to the National Research Council (NRC) and others, infrastructure such as roads and bridges, wastewater systems, and National Aeronautics and Space Administration (NASA) centers are vulnerable to changes in the climate. Changes in precipitation and sea levels, as well as increased intensity and frequency of extreme events, are projected by NRC and others to impact infrastructure in a variety of ways. When the climate changes, infrastructure-- typically designed to operate within past climate conditions -- may not operate as well or for as long as planned, leading to economic, environmental, and social impacts. For example, the National Oceanic and Atmospheric Administration (NOAA) estimates that, within 15 years, segments of Louisiana State Highway 1 -- providing the only road access to a port servicing 18 percent of the nation's oil supply -- will be inundated by tides an average of 30 times annually due to relative sea level rise. Flooding of this road effectively closes the port.
GAO indicated that decision makers have not systematically considered climate change in infrastructure planning for various reasons, according to representatives of professional associations and agency officials who work with these decision makers. For example, more immediate priorities -- such as managing aging infrastructure -- consume time and resources, limiting decision makers' ability to consider and implement climate adaptation measures. Difficulties in obtaining and using information needed to understand vulnerabilities and inform adaptation decisions pose additional challenges.
Key factors enabled some local decision makers to integrate climate change into infrastructure planning. As illustrated by GAO's site visits and relevant studies, these factors included: (1) having local circumstances such as weather-related crises that spurred action; (2) learning how to use available information; (3) having access to local expertise; and (4) considering climate impacts within existing planning processes. As one example, the Milwaukee Metropolitan Sewerage District managed risks associated with more frequent extreme rainfall events by enhancing its natural systems' ability to absorb runoff by, for instance, preserving wetlands. This effort simultaneously expanded the sewer system's capacity while providing other community and environmental benefits. District leaders enabled these changes by prioritizing adaptation, using available local level climate projections, and utilizing local experts for assistance.
The GAO report identifies several emerging Federal efforts under way to facilitate more informed adaptation decisions, but these efforts could better support the needs of local infrastructure decision makers in the future, according to studies, local decision makers at the sites GAO visited, and other stakeholders. For example, among its key efforts, the Federal government plays a critical role in producing the information needed to facilitate more informed local infrastructure adaptation decisions. However, as noted by NRC studies, this information exists in an uncoordinated confederation of networks and institutions, and the end result of it not being easily accessible is that people may make decisions -- or choose not to act -- without it. Accordingly, a range of studies and local decision makers GAO interviewed cited the need for the Federal government to improve local decision makers' access to the best available information to use in infrastructure planning.
GAO recommends, among other things, that a Federal entity designated by the Executive Office of the President (EOP) work with agencies to identify for local infrastructure decision makers the best available climate-related information for planning, and also to update this information over time. Additionally, GAO recommended the Federal agencies: clarify sources of local assistance for incorporating climate-related information and analysis into infrastructure planning, and communicate how such assistance will be provided over time; finalize guidance on how federal agencies can consider the effects of climate change in their evaluations of proposed federal actions under the National Environmental Policy Act; and work with relevant professional associations to incorporate climate change information into design standards.
Access the complete 99-page GAO report with links to referenced information (click here). [#Climate, #Water, #Transportation]
Tuesday, May 14, 2013
170 Countries Adopt Stricter Chemical & Waste Protections
The three autonomous Conventions convened the joint meeting to strengthen cooperation and collaboration between the Parties to the treaties, with a view to enhancing the effectiveness of their activities on the ground. Each Convention then continued individually over the two-week period to deal with its own specific topics of the global chemicals and waste agenda before returning in a joint session at the end of the week to finalize their outcomes. In a press conference, UNEP Executive Director Achim Steiner said the meeting was "a unique historic event coming at a time of unprecedented change and progress in the arena of global environmental governance. The strengthening of UNEP and the synergies process of chemicals and waste multilateral environmental agreements are complementary parts of the ongoing reform to fortify the environmental dimension of sustainable development."
FAO Director-General José Graziano da Silva noted that countries need to find more sustainable ways to produce food while using chemical pesticides responsibly. He said, "Around 70 per cent of the chemicals addressed by the Basel, Rotterdam and Stockholm Conventions are pesticides, and many are used in agriculture. It is in the best interest of all countries to ensure that the Basel, Rotterdam and Stockholm Conventions can work together, effectively and efficiently, to address various aspects of the chemical life-cycle."
Steiner and Graziano da Silva, along with Global Environment Facility CEO Naoko Ishii also pledged to deepen cooperation and collaboration as part of a broader effort to raise the profile of chemicals and waste issues, promote green growth and alleviate poverty. On Friday (May 10) the conference hailed the "Geneva Statement on the Sound Management of Chemicals and Waste" which welcomed the UNEP-led consultative process on financing options for chemicals and waste. Jim Willis, Executive Secretary of the Basel, Rotterdam and Stockholm Conventions said, "The Parties have agreed to strengthen capacity building and technical assistance for countries by investing the savings realized over the past two years into an enhanced technical assistance programme that better meets the needs of developing countries and countries with economies in transition. In an era of financial austerity, we have learned through synergies how to deliver more to parties while living within the economic limits faced by governments today."
The Parties also adopted a framework for the environmentally sound management of hazardous wastes and other wastes, and agreed, over the next two years, to develop technical guidelines on movements across borders of electronic and electrical wastes. The Basel Convention regulates the export and import of hazardous waste and waste containing hazardous chemicals. It was adopted in 1989 and entered into force in 1992. It currently has 180 Parties. The Rotterdam Convention regulates information about the export and import of 47 hazardous chemicals listed in the Convention's Annex III, 33 of which are pesticides and 14 of which are industrial chemicals. It was adopted in 1998 and entered into force in 2004. It currently has 152 Parties. Adopted in 2001, the Stockholm Convention regulates 23 toxic substances that are persistent, travel long distances, accumulate in organisms and are toxic. The treaty entered into force in 2004. It currently has 179 Parties.
Access an overview release from the UN (click here). Access a more detailed release from the Conventions (click here). Access complete information, details and background from the UN Synergies website including links to the three separate Convention websites (click here). [# Toxics, #Haz]
Monday, May 13, 2013
CO2 Levels Surpass 400 PPM At Benchmark Monitoring Site
NOAA indicated in a release that carbon dioxide pumped into the atmosphere by fossil fuel burning and other human activities is the most significant greenhouse gas (GHG) contributing to climate change. Its concentration has increased every year since scientists started making measurements on the slopes of the Mauna Loa volcano more than five decades ago. The rate of increase has accelerated since the measurements started, from about 0.7 ppm per year in the late 1950s to 2.1 ppm per year during the last 10 years. NOAA senior scientist Pieter Tans, with the Global Monitoring Division of NOAA's Earth System Research Laboratory in Boulder, CO said, "That increase is not a surprise to scientists. The evidence is conclusive that the strong growth of global CO2 emissions from the burning of coal, oil, and natural gas is driving the acceleration."
NOAA indicated that before the Industrial Revolution in the 19th century, global average CO2 was about 280 ppm. During the last 800,000 years, CO2 fluctuated between about 180 ppm during ice ages and 280 ppm during interglacial warm periods. Today's rate of increase is more than 100 times faster than the increase that occurred when the last ice age ended.
Researcher Charles David Keeling of the Scripps Institution of Oceanography, UC San Diego, began measuring carbon dioxide at Mauna Loa in 1958, initiating now what is known as the "Keeling Curve." His son, Ralph Keeling, also a geochemist at Scripps, has continued the Scripps measurement record since his father's death in 2005. Ralph Keeling said, "There's no stopping CO2 from reaching 400 ppm. That's now a done deal. But what happens from here on still matters to climate, and it's still under our control. It mainly comes down to how much we continue to rely on fossil fuels for energy." NOAA scientists with the Global Monitoring Division have made around-the-clock measurements there since 1974. Having two programs independently measure the greenhouse gas provides confidence that the measurements are correct.
Moreover, similar increases of CO2 are seen all over the world by many international scientists. NOAA, for example, which runs a global, cooperative air sampling network, reported last year that all Arctic sites in its network reached 400 ppm for the first time. These high values were a prelude to what is now being observed at Mauna Loa, a site in the subtropics, this year. Sites in the Southern Hemisphere will follow during the next few years. The increase in the Northern Hemisphere is always a little ahead of the Southern Hemisphere because most of the emissions driving the CO2 increase take place in the north. Once emitted, CO2 added to the atmosphere and oceans remains for thousands of years. Thus, climate changes forced by CO2 depend primarily on cumulative emissions, making it progressively more and more difficult to avoid further substantial climate change.
The Executive Secretary of the UN Framework Convention on Climate Change (UNFCCC) Christiana Figueres called for a greatly stepped-up response to climate change by all parts of society. She said, "With 400 ppm CO2 in the atmosphere, we have crossed an historic threshold and entered a new danger zone. The world must wake up and take note of what this means for human security, human welfare and economic development. In the face of clear and present danger, we need a policy response which truly rises to the challenge. We still have a chance to stave off the worst effects of climate change, but this will require a greatly stepped-up response across all three central pillars of action: action by the international community, by government at all levels, and by business and finance." UNFCCC indicated that governments will be meeting June 3 - 14, in Bonn for the next round of climate change talks under the umbrella of the UNFCCC. A central focus of the talks will be negotiations to build a new global climate agreement and to drive greater immediate climate action.
"The people with their foot on the gas pedal are the dirty fuel and logging industries, with the coal industry alone responsible for two thirds of recent frantic emission growth. And they have no intention of slowing down. Massive coal expansions are planned in Australia, China and the U.S., that would lock in increasing emissions for decades. Stopping or scaling back these projects is absolutely necessary to keep global warming from accelerating further out of control."
Access a release from NOAA with links to monitoring data, the Maua Loa Observatory, animation and images (click here). Access a release from UNFCCC (click here). Access the 400.350.org (click here). Access a release from Greenpeace (click here). [#Climate]
Friday, May 10, 2013
GAO Evaluates NPL Superfund Alternative Cleanup Options
GAO indicated that the processes for implementing the SA and NPL approaches, while similar in many ways, have several differences. EPA has accounted for some of these differences in its SA guidance by listing specific provisions for SA agreements with potentially responsible parties (PRP), such as owners and operators of a site. One such provision helps ensure cleanups are not delayed by a loss of funding if the PRP stops cleaning up the site. However, some EPA regions have entered into agreements with PRPs at sites that officials said were likely eligible for the SA approach without following the SA guidance. Such agreements may not benefit from EPA's provisions for SA agreements. EPA headquarters officials said the agency prefers regions to use the SA approach at such sites, but EPA has not stated this preference explicitly in its guidance. In addition, EPA's tracking and reporting of certain aspects of the process under the SA approach differs from that under the NPL approach. As a result, EPA's tracking of SA agreement sites in its Superfund database is incomplete; the standards for documenting the NPL eligibility of SA agreement sites are less clear than those for NPL sites; and EPA is not publicly reporting a full picture of SA agreement sites. Unless EPA makes improvements in these areas, its management of the process at SA agreement sites may be hampered.
The SA agreement sites showed mixed results in completing the cleanup process when compared with 74 similar NPL sites GAO analyzed. Specifically, SA agreement and NPL sites in GAO's analysis showed mixed results in the average time to complete negotiations with PRPs and for specific cleanup activities, such as remedial investigation and feasibility studies, remedial designs, and remedial actions. In addition, a lower proportion of SA agreement sites have completed cleanup compared with similar NPL sites. SA agreement sites tend to be in earlier phases of the cleanup process because the SA approach began more recently than the NPL approach. Given the limited number of activities for both NPL and SA agreement sites in GAO's analysis, these differences cannot be attributed entirely to the type of approach used at each site. Among other things, GAO recommends:
- the Administrator should provide guidance to EPA regions that defines each type of OCA deferral and what constitutes adequate documentation for OCA deferral and completion of cleanup;
- the Administrator should develop a method for EPA headquarters to identify and track other sites with long-term cleanups under the Superfund program (i.e., those that are outside of the NPL and SA approaches);
- the Administrator should update EPA's written policies on SA agreement sites, including taking steps such as clarifying whether the SA approach is EPA's preferred approach for long-term cleanup of sites under the Superfund program and outside of the NPL, specifying what documentation is sufficient to support the Hazard Ranking System score at SA agreement sites, and defining when the database code that identifies sites with SA agreements should remain in place; and
- the Administrator should report performance information on the progress of cleanup at SA agreement sites in a manner that is equivalent to such reporting for NPL sites.
Thursday, May 09, 2013
Republicans Boycott EPA Administrator Nomination Vote
"For too long EPA has failed to deliver on the promises of transparency espoused by President Barack Obama, former Administrator Lisa Jackson, and by Gina McCarthy. Accordingly, the Republicans on the EPW Committee have asked EPA to honor five very reasonable and basic requests in conjunction with the nomination of Gina McCarthy, which focus on openness and transparency. While Chairman Boxer has allowed EPA adequate time to fully respond before any mark-up on the nomination, EPA has stonewalled on four of the five categories. We ask and expect that Chairman Barbara Boxer will follow the rules of the Committee and the full U.S. Senate."
The Republicans cited: (1) Rule 2(a) of the EPW Committee rules that require at least two members of the minority party to be present to constitute a quorum, which is necessary for the Committee to take action; and (2) Rule XXVI 7(a)(1) of the Senate rules require that a majority of any Committee be physically present to take action. This is a requirement enforceable on the Senate floor, a fact confirmed by the Senate Parliamentarian's office.
On April 10, the EPW Republicans released five transparency concerns (four of which remain unresolved) they have with the U.S. EPA -- FOIA Failures; Inconsistent E-mail Practices and Policies; Transparency through Data Access; Snapshot Approach Toward Economic Analysis Doesn't Work; Share 'Intent to Sue' Notices with the Public. The Republican claim that McCarthy did not address their concerns. In their letter to Chairman Boxer, the GOP Members indicate, ". . .there is clear Committee precedent regarding this. In 2003, Democratic members of the EPW Committee chose not to attend the scheduled mark-up of Michael Leavitt as President Bush's nominee to head the EPA, pending the EPA's responding more fully to their requests. Then-Chairman Inhofe followed the rules cited above and scheduled an official mark-up for two weeks later. We ask and expect that you do the same."
The eight minority members on the EPW include: Vitter, David (LA); Inhofe, James M. (OK); Barrasso, John (WY); Sessions, Jeff (AL); Crapo, Mike (ID); Wicker, Roger F. (MS) Boozman, John (AR); and Fischer, Deb (NE).
Kevin Knobloch, president of the Union of Concerned Scientists (UCS) issued a statement saying, "I'm disappointed that the vote has been delayed. The EPA has important work to do and needs a leader at the helm. Americans have made it clear they'd like to see Congress working together. I hope the committee reschedules the vote quickly. From a science perspective, Gina McCarthy is a very strong choice. That's why past presidents of the American Association for the Advancement of Science sent a letter to Committee Chair Barbara Boxer and Ranking Minority Member David Vitter endorsing her nomination. Ms. McCarthy has repeatedly demonstrated her commitment to science. She also has shown she is willing to address valid concerns raised by industry. She is the kind of nominee -- a person of rigor and integrity -- that Americans will be proud to have heading up one of our most important agencies."
Access a release including links to details on their transparency concerns and the letter from the Republicans (click here). Access the 123-pages of questions and responses (click here). Access a release and links to further information from UCS (click here). [#All]
Wednesday, May 08, 2013
EPA Approves Insecticide That's "Highly Toxic" To Honey Bees
Beyond Pesticides said, "Instead of denying or suspending registration in the face of dire pollinator losses, EPA instead has chosen to mitigate sulfoxaflor impacts to bees by approving a reduced application rate from that initially requested by the registrant, Dow AgroSciences LLC, as well as increasing the time interval between successive applications. EPA also approved new pollinator label language it believes to be 'robust' to protect pollinators."
In announcing the approval on May 6, EPA said, "The EPA has granted unconditional registrations for the new active ingredient sulfoxaflor, formulated as a manufacturing use product and two end-use products for use in production agriculture. The EPA is granting the use of sulfoxaflor on barley, bulb vegetables, canola, citrus, cotton, cucurbit vegetables, fruiting vegetables, leafy vegetables, low-growing berries, okra, ornamentals (herbaceous and woody), pistachio, pome fruits, root and tuber vegetables, small vine climbing fruit (except fuzzy kiwifruit), soybean, stone fruit, succulent, edible podded and dry beans, tree nuts, triticale, turfgrass, watercress and wheat.
"Occupational worker and food safety data confirm these uses are safe when sulfoxaflor is used in accordance with the labeling terms and restrictions. Also, the ecological effects profile for sulfoxaflor supports the registration finding. One area of focus in the review involved pollinator health, and the final label includes robust terms for protecting pollinators. The EPA performed its data evaluation and assessments in collaboration with its counterpart agencies in Canada and Australia. Scientists from the three authorities reviewed over 400 studies and peer reviewed each other's work. The registration will provide growers with a new pest management tool for use on piercing/sucking insects. Sulfoxaflor has been used under an emergency clearance on cotton in Arkansas, Mississippi, Tennessee and Louisiana to control the tarnished plant bug, an insect that has developed resistance to alternative registered pesticides. Sulfoxaflor belongs to its own new insecticide subclass in terms of its mode of action, so it is expected to be used by producers faced with pests that have developed resistance to other alternatives."
A release from Dow Chemical Company indicates that, "sulfoxaflor belongs to a novel chemical class called sulfoximines invented by Dow AgroSciences and offers extremely effective control of many important sap-feeding insect pests. It can be used in a large number of major crops, including cotton, soybean, citrus, pome/stone fruit, nuts, grapes, potatoes, vegetables and strawberries. Sulfoxaflor has unique attributes compared with other sap-feeding insecticides providing a significant new tool for growers for many years to come." Daniel Kittle, vice president, Research and Development, Dow AgroSciences said, "Sulfoxaflor is an ideal addition to Integrated Pest Management programs. Its unique mode of action provides fast-acting control of harmful pests. Moreover, research data on sulfoxaflor continues to demonstrate lack of cross-resistance with other insecticides. This innovative new option fits conveniently into growers' existing programs to help them protect yields in a wide variety of foods and fiber around the globe."
Beyond Pesticides indicates that before the approval, several comments were submitted by concerned beekeepers and environmental advocacy groups, that stated that approval of a pesticide highly toxic to bees would only exacerbate the problems faced by an already tenuous honey bee industry and further decimate bee populations. However, they said, "EPA outrightly dismissed these concerns and instead pointed to a need for sulfoxaflor by industry and agriculture groups to control insects no longer being controlled by increasingly ineffective pesticide technologies. EPA also noted that none of the objections to sulfoxaflor registrations pointed to any data 'to support the opinion that registration of sulfoxaflor will pose a grave risks to bees,' even though the agency itself acknowledges that sulfoxaflor is highly toxic to bees. Instead, the agency says, 'Comments suggested that pesticides can pose risks to bees and that the agency should not allow yet another pesticide to threaten bees.'"
Access a release from Beyond Pesticides (click here). Access the 51-page EPA response to public comments (click here). Access an announcement from EPA (click here). Access a release from Dow Chemical Co. (click here). Access the recent EPA-USDA report on bees (click here). [#Toxics]
Tuesday, May 07, 2013
Republicans Not Happy With McCarthy's Nomination Responses
Senator Vitter said, "With days left before her confirmation hearing, McCarthy has not shown any greater commitment to a higher standard of transparency, one that the Agency desperately needs -- if we are to judge from her responses to the Committee Republicans' requests. So far, we have generously allowed her the time to respond to our questions and five specific transparency requests. However, the unresponsive answers received are unacceptable, and I do hope the nominee provides more detailed and adequate information before this Thursday."
Sen. Vitter indicated in a release that during the nomination process, he and Committee Republicans "have repeatedly emphasized the importance of transparency within the EPA and the federal government." They reiterated the five transparency requests in addition to their questions for the record. They said a recent poll shows that the vast majority of Americans are in support of transparency when it comes to federal data funded by taxpayers and utilized for Agency actions. The following are a few examples of the questions posed by Republicans and McCarthy's responses:
- Can you identify language in Section 109 of the Clean Air Act that specifically prohibits the consideration of costs in the setting of National Ambient Air Quality Standards?The U.S. Supreme Court held in Whitman v. American Trucking Associations, 531 U.S. 457 (2001) that in setting national ambient air quality standards that are requisite to protect public health and welfare, as provided in section 109(b) of the Clean Air Act, the EPA may not consider the costs of implementing the standards. The Court's reasoning is found at 531 U.S. 464-472.
- What do you think the social cost of a ton of carbon is?
The social cost of carbon (SCC) is an estimate of the net present value of the flow of monetized damages from an incremental increase in carbon dioxide emissions in a given year. It is intended to include (but is not limited to) changes in net agricultural productivity, human health, property damages from increased flood risk, and the value of ecosystem services. The Interagency Working Group on the Social Cost of Carbon reported central estimates in 2020 of 6.8 to 41.7 dollars per metric ton in 2007 dollars, depending upon the discount rate, and up to 80.7 for extreme damages.
- Where are the most cost-effective reductions of greenhouse gases likely to be?
EPA analysis has shown that there are numerous cost-effective reduction opportunities across the economy. As indicated in my testimony before the Committee, EPA's regulations addressing greenhouse gas emissions from light- and heavy-duty vehicles are projected to achieve dramatic reductions in greenhouse gas emissions while at the same time substantially reducing oil consumption and saving consumers billions of dollars at the pump. EPA economy-wide and electric power sector models show that electric power supply and use represents the largest source of emissions abatement potential. Additionally, the EPA report, Global Mitigation of Non-CO2 Greenhouse Gases (EPA 430-R-06-005, 2006) demonstrates that non-CO2 greenhouse gas mitigation can play an important role in climate strategies, and that methane mitigation from the energy, waste, and agriculture sectors can provide a substantial quantity of cost effective reduction opportunities. Finally, energy efficiency also offers a low cost energy resource with the potential to reduce greenhouse gas emissions across the economy. For example, consumers, home owners, building owners and operators, and industrial partners have saved more than 1.8 billion metric tons carbon dioxide equivalent over the past twenty years of the ENERGY STAR program.
- How many electricity reliability experts are on EPA's staff in the Office of Air and Radiation? In the Agency as a whole?
EPA has significant expertise with regard to analysis of the effects of environmental regulation on the power sector, and has examined the impact of agency rules on resource adequacy and the reliable operation of the sector. In addition, EPA has worked closely with a range of entities directly charged with reliability responsibilities, including DOE and FERC as well as state regulatory authorities and grid planning authorities, to help ensure that EPA rules are developed and implemented in a manner consistent with maintaining electric reliability.
In March 28, 2013 the Environmental Protection Agency (EPA) published updated emissions standards for power plants under the Mercury and Air Toxics Standards (MATS). The MATS rule imposes sweeping new emissions requirements for power plants, and EPA expects that the MATS rule will entail upwards of $10 billion in compliance costs, making it the most expensive rule in EPA's history. In promulgating the MATS rules, EPA relied heavily on the claim that the rule will benefit public health through decreases in particulate matter pollution (PM). However, regulation of PM is primarily accomplished through National Ambient Air Quality Standards (NAAQS), which are required to be set at levels that provide adequate protection for the public health or welfare. Accordingly, it appears that the agency has set a NAAQS standard for particulate matter at a level insufficiently protective of public health and welfare. Can you share your thoughts on this?
.Even after several decades of pollution control laws, until MATS there were no national limits on emissions of mercury and other air toxics from power plants. Power plants emit mercury, other metals, acid gases, and other air toxics as well as particulate matter all of which harm people's health. The rule regulates mercury and other air toxics, but the control technologies installed to reduce these air pollutants also yield significant reductions in particulate matter
Access a release from Sen. Vitter (click here). Access the 123-pages of questions and responses (click here). Access the 4/11/13 hearing website for links to Gina McCarthy's testimony and a webcast of the hearing (click here). [#All]
Monday, May 06, 2013
Small Biz Benefits Of Natural Gas Production And Exports
Raymond Keating, chief economist for SBE Council and author of the report said, "The tremendous increase in domestic natural gas production has been a boon for small business and job growth in the energy sector in recent years. Looking ahead, growth opportunities for small businesses and employment in the U.S. energy sector look bright due to increased natural gas demand, including in international markets. The opportunity exists for exporting liquefied natural gas (LNG). Expanded demand for U.S. natural gas internationally will be a net positive, resulting in greater U.S. natural gas production, increased investment, enhanced GDP growth, rising incomes, and more jobs."
On the jobs front, according to the report, while total U.S. employment declined by 3.7 percent from 2005 to 2010, jobs grew by 27.6 percent in the oil and gas extraction sector; by 15.1 percent in the drilling oil and gas wells sector; by 38.5 percent in the support sector for oil and gas operations; by 47 percent in the oil and gas pipeline and related structures construction sector; and by 62 percent in the oil and gas field machinery and equipment manufacturing sector.
As for business growth, while total U.S. employer firms declined from 2005 to 2010, the number of employer firms grew by 3.1 percent among oil and gas extraction businesses (including 2.5 percent among firms with less than 20 workers); by 7.2 percent among drilling oil and gas wells businesses (including 4.7 percent among firms with less than 20 workers); by 24.5 percent among oil and gas operations businesses (including 24.5 percent among firms with less than 20 workers); by 5.1 percent among oil and gas pipeline and related structures construction businesses (including 3.5 percent among firms with less than 500 workers); and by 61 percent among oil and gas field machinery and equipment manufacturing businesses (including 59.0 percent among firms with less than 20 workers).
The overall case of energy industries adding jobs and small businesses held in the 10 states -- Arkansas, Colorado, Louisiana, North Dakota, Oklahoma, Pennsylvania, Texas, Utah, West Virginia, and Wyoming -- examined in the report where natural gas production was up markedly. The study also showed that each energy sector is overwhelmingly populated by small businesses. Keating noted, "The expectation that nearly two-thirds of LNG exports would be met via new production speaks to further strong growth for small and midsize businesses, and for employment." He said, "Policymakers -- at the federal level and in the states -- must make sure that policies support enhanced domestic energy production, and therefore increased opportunity for small businesses and workers. It is critical that they resist regulatory and tax measures that would undercut domestic energy production, including policies that would in any way limit natural gas exports."
The House Energy & Commerce Committee, Subcommittee on Energy and Power will explore the benefits of increased LNG exports at a hearing on Tuesday, May 7. The hearing is entitled, "U.S. Energy Abundance: Exports and the Changing Global Energy Landscape." In a release from the Republicans on the Committee, Chairman Emeritus Joe Barton (R-TX) said, "The dramatic growth in natural gas production over the last decade has completely transformed our energy landscape and our economy. In the midst of a recession, Texas actually experienced employment growth thanks to this energy renaissance. Increasing natural gas exports and expanding the market for America's abundant energy resources will allow our economy to continue to thrive and bring more jobs and businesses to America."
Witnesses scheduled to testify at the hearing include: Johnston & Associates; World Resources Institute; Columbiana County Board of Commissioners; Bipartisan Policy Center; Truman National Security Project; and UC Davis Graduate School of Management. Testimony has already been posted and may be accessed from the link below.
Access a release from SBE Council and link to a summary of each state examined and a U.S. summary (click here). Access the 49-page report (click here). Access House hearing website for links to testimony and background information (click here). [#Energy/LNG]
Friday, May 03, 2013
WMO Issues Annual Statement On The Status Of The Global Climate
WMO Secretary-General Michel Jarraud said, "Although the rate of warming varies from year to year due to natural variability caused by the El Niño cycle, volcanic eruptions and other phenomena, the sustained warming of the lower atmosphere is a worrisome sign. The continued upward trend in atmospheric concentrations of greenhouse gases and the consequent increased radiative forcing of the Earth's atmosphere confirm that the warming will continue. The record loss of Arctic sea ice in August-September -- 18% less than the previous record low of 2007 of 4.17 million km2 -- was also a disturbing sign of climate change. The year 2012 saw many other extremes as well, such as droughts and tropical cyclones. Natural climate variability has always resulted in such extremes, but the physical characteristics of extreme weather and climate events are being increasingly shaped by climate change. For example, because global sea levels are now about 20 cm higher than they were in 1880, storms such as Hurricane Sandy are bringing more coastal flooding than they would have otherwise."
WMO's annual statements gather the key climate events of each year. The series stands today as an internationally recognized authoritative source of information about temperatures, precipitation, extreme events, tropical cyclones, and sea ice extent. The newly released statement provided in-depth analysis of regional trends as part of a WMO drive to provide more information at regional and national levels to support adaptation to climate variability and change.
The 2012 climate assessment, the most detailed to date, will inform discussion at WMO's Executive Council meeting (May 15-23, 2013). Above-average temperatures were observed during 2012 across most of the globe's land surface areas, most notably North America, southern Europe, western Russia, parts of northern Africa and southern South America. Nonetheless, cooler-than-average conditions were observed across Alaska, parts of northern and eastern Australia, and central Asia. Precipitation across the globe was slightly above the 1961-1990 long-term average. There were drier-than-average conditions across much of the central United States, northern Mexico, northeastern Brazil, central Russia, and south-central Australia. Wetter-than-average conditions were present across northern Europe, western Africa, north-central Argentina, western Alaska, and most of northern China.
Snow cover extent in North America during the 2011/2012 winter was below average, resulting in the fourth smallest winter snow cover extent on record, according to data from the Global Snow Laboratory. This was in marked contrast to the previous two winters (2009/2010 and 2010/2011), which had the largest and third largest snow cover extent, respectively, since records began in 1966.
Meanwhile, the Eurasian continent snow cover extent during the winter was above average, resulting in the fourth largest snow cover extent on record. Overall, the northern hemisphere snow cover extent was above average -- 590,000 km2 above the average of 45.2 million km2 -- and was the fourteenth largest snow cover extent on record.
Greenland ice sheet: In early July, Greenland's surface ice cover melted dramatically, with an estimated 97 per cent of the ice sheet surface having thawed in mid-July. This was the largest melt extent since satellite records began 34 years ago. During the summer it is typical to observe nearly half of the surface of Greenland's ice sheet melt naturally, particularly across the lower elevations. However, in 2012 a high-pressure system brought warmer-than-average conditions to Greenland, which are associated with the rapid melting.
Antarctic sea-ice extent in March was the fourth largest on record at 5.0 million km2 or 16.0 per cent above the 19792000 average. During its growth season, the Antarctic sea-ice extent reached its maximum extent since records began in 1979 on September 26, at 19.4 million km2. This value surpassed the previous maximum sea-ice extent record of 19.36 million km2 set on September 21, 2006.
WMO highlights Extreme Events as follows: Hurricane Sandy killed close to 100 people and caused major destruction in the Caribbean and tens of billions of US dollars in damage and around 130 deaths in the eastern United States of America. Typhoon Bopha, the deadliest tropical cyclone of the year, hit the Philippines -- twice -- in December. During the year, the United States and south-eastern Europe experienced extreme drought conditions, while West Africa was severely hit by extreme flooding. The populations of Europe, northern Africa and Asia were acutely affected by extreme cold and snow conditions. Severe flooding occurred in Pakistan for a third consecutive year.
Jarraud said, "Climate change is aggravating naturally occurring climate variability and has become a source of uncertainty for climate-sensitive economic sectors like agriculture and energy. It is vital that we continue to invest in the observations and research that will improve our knowledge about climate variability and climate change. We need to understand how much of the extra heat captured by greenhouse gases is being stored in the oceans and the consequences this brings in terms of ocean acidification and other impacts. We need to know more about the temporary cooling effects of pollution and other aerosols emitted into the atmosphere. We also need a better understanding of the changing behavior of extreme weather and climate events as a consequence of global warming, as well as the need to assist countries in the most affected areas to better manage climate-related risks with improved climate early warning and climate watch systems."