Thursday, May 09, 2013

Republicans Boycott EPA Administrator Nomination Vote

May 9: The eight Republicans on the Senate Environment and Public Works (EPW) Committee issued a release and letter indicating that they would not attend the nomination vote of Gina McCarthy to head the U.S. EPA. On April 25, 2013 the Committee Republicans asked Chairman Barbara Boxer to postpone the nomination vote because they had not received answers to their questions. That request was denied. On May 2, EPW Chairman Barbara Boxer (D-CA) said that McCarthy had responded to all of the questions submitted by members of the EPW Committee, including over 1,000 questions submitted by Republicans on the Committee. On May 6, EPW Ranking Member David Vitter (R-LA) released 123-page of questions and McCarthy responses, but he said, "the unresponsive answers received are unacceptable. . ." [See WIMS 5/7/13]. Today, the Senators made the following statement today:

    "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]

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Wednesday, May 08, 2013

EPA Approves Insecticide That's "Highly Toxic" To Honey Bees

May 8: Despite the release on May 2, of the U.S. Department of Agriculture (USDA) and the U.S. EPA comprehensive scientific report on honey bee health [See WIMS 5/2/13] and stated intentions to protect pollinators and find solutions to the current pollinator crisis, U.S. EPA approved the unconditional registration of the new insecticide sulfoxaflor, which the Agency classifies as highly toxic to honey bees. Despite warnings and concerns raised by beekeepers and environmental groups, the organization Beyond Pesticides indicates that "sulfoxaflor will further endanger bees and beekeeping." The group said EPA continues to put industry interests first to exacerbate an already dire pollinator crisis.
 
    Beyond Pesticides indicates in a release that in January, the agency proposed to impose conditional registration on sulfoxaflor due to inconclusive and outstanding data on long-term honey bee brood impacts. At that time, the agency requested two additional studies -- a study on residue impacts, and a field test to assess impacts to honey bee colonies and brood development. This week, EPA granted full unconditional registration to sulfoxaflor stating that there were no outstanding data, and that even though sulfoxaflor is highly toxic to bees it does not demonstrate substantial residual toxicity to exposed bees, nor are "catastrophic effects" on bees expected from its use. While sulfoxaflor exhibited behavioral and navigational abnormalities in honey bees, EPA downplays these effects as "short-lived." The agency says it has reviewed 400 studies in collaboration with its counterparts in Australia and Canada to support its decision. However, these studies do not seem to be currently available in the public scientific literature.

    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]

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Tuesday, May 07, 2013

Republicans Not Happy With McCarthy's Nomination Responses

May 6: U.S. Senator David Vitter (R-LA), Ranking Member on the Environment and Public Works (EPW) Committee, released Gina McCarthy's responses to questions he submitted for the record following her April 11 nomination hearing [See WIMS 4/12/13]. McCarthy who is nominated to head U.S. EPA faces the Committee vote, the next step in her confirmation process, on Thursday, May 9. On May 3, Senator Barbara  Boxer (D-CA), Chairman of the EPW Committee, reported that McCarthy, who currently serves as the Assistant Administrator for EPA's Office of Air and Radiation, had responded to all of the questions submitted by members of the EPW Committee, including over 1,000 questions submitted by Republicans on the Committee.

    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

May 2: The Small Business & Entrepreneurship Council (SBE Council) published a new report entitled, The Benefits of Natural Gas Production and Exports for U.S. Small Businesses. The report highlights the significant growth in the number of employer firms and jobs in the energy sector between 2005-2010. According to the report, the job growth is most striking among small businesses. During this same period, total U.S. employment and firms experienced a decline. The findings of the report underscore the need for policies that encourage and enable this positive development for the U.S. economy.

    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

May 2: The World Meteorological Organization (WMO) issued its Annual Statement on the Status of the Global Climate which indicates that 2012 joined the ten previous years as one of the warmest -- at ninth place -- on record despite the cooling influence of a La Niña episode early in the year. The statement indicates that the 2012 global land and ocean surface temperature during January–December 2012 is estimated to be 0.45°C (±0.11°C) above the 1961–1990 average of 14.0°C. This is the ninth warmest year since records began in 1850 and the 27th consecutive year that the global land and ocean temperatures were above the 1961–1990 average. The years 2001–2012 were all among the top 13 warmest years on record. The Global Framework for Climate Services (GFCS), adopted by the Extraordinary World Meteorological Congress in 2012, now provides the necessary global platform to inform decision-making for climate adaptation through enhanced climate information.

    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.
 
    Arctic sea ice extent reached its record lowest level in its annual cycle on 16 September at 3.41 million km2. This value broke the previous record low set on September 18, 2007, by 18 per cent. It was 49 percent or nearly 3.3 million km2 below the 1979–2000 average minimum. The difference between the maximum Arctic sea-ice extent on March 20, and the lowest minimum extent on September 16, was 11.83 million km2 -- the largest seasonal sea-ice extent loss in the 34-year satellite record.

    Antarctic sea-ice extent in March was the fourth largest on record at 5.0 million km2 or 16.0 per cent above the 1979–2000 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."
 
    Access a release on the WMO Annual Statement (click here). Access the complete 36-page statement report (click here). [Climate]
 
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Thursday, May 02, 2013

EPA-USDA Scientific Report On Honey Bee Health

May 2: The U.S. Department of Agriculture (USDA) and the U.S. EPA released a comprehensive scientific report on honey bee health. The report states that there are multiple factors playing a role in honey bee colony declines, including parasites and disease, genetics, poor nutrition and pesticide exposure. The agencies said, "the report represents the consensus of the scientific community studying honey bees."
 
    Agriculture Deputy Secretary Kathleen Merrigan said, "There is an important link between the health of American agriculture and the health of our honeybees for our country's long term agricultural productivity. The forces impacting honeybee health are complex and USDA, our research partners, and key stakeholders will be engaged in addressing this challenge." Acting EPA Administrator Bob Perciasepe said, "The decline in honey bee health is a complex problem caused by a combination of stressors, and at EPA we are committed to continuing our work with USDA, researchers, beekeepers, growers and the public to address this challenge. The report we've released today is the product of unprecedented collaboration, and our work in concert must continue. As the report makes clear, we've made significant progress, but there is still much work to be done to protect the honey bee population."

    In October 2012, a National Stakeholders Conference on Honey Bee Health, led by Federal researchers and managers, along with Pennsylvania State University, was convened to synthesize the current state of knowledge regarding the primary factors that scientists believe have the greatest impact on managed bee health. Key findings include:
  • Parasites and Disease Present Risks to Honey Bees: The parasitic Varroa mite is recognized as the major factor underlying colony loss in the U.S. and other countries. There is widespread resistance to the chemicals beekeepers use to control mites within the hive. New virus species have been found in the U.S. and several of these have been associated with Colony Collapse Disorder (CCD).
  • Increased Genetic Diversity is Needed: (1) U.S. honeybee colonies need increased genetic diversity. Genetic variation improves bees thermoregulation (the ability to keep body temperature steady even if the surrounding environment is different), disease resistance and worker productivity. (2) Honey bee breeding should emphasize traits such as hygienic behavior that confer improved resistance to Varroa mites and diseases (such as American foulbrood).
  • Poor Nutrition Among Honey Bee Colonies: (1) Nutrition has a major impact on individual bee and colony longevity. A nutrition-poor diet can make bees more susceptible to harm from disease and parasites. Bees need better forage and a variety of plants to support colony health. (2) Federal and state partners should consider actions affecting land management to maximize available nutritional forage to promote and enhance good bee health and to protect bees by keeping them away from pesticide-treated fields.
  • There is a Need for Improved Collaboration and Information Sharing: (1) Best Management Practices associated with bees and pesticide use, exist, but are not widely or systematically followed by members of the crop-producing industry. There is a need for informed and coordinated communication between growers and beekeepers and effective collaboration between stakeholders on practices to protect bees from pesticides. (2) Beekeepers emphasized the need for accurate and timely bee kill incident reporting, monitoring, and enforcement.
  • Additional Research is Needed to Determine Risks Presented by Pesticides: The most pressing pesticide research questions relate to determining actual pesticide exposures and effects of pesticides to bees in the field and the potential for impacts on bee health and productivity of whole honey bee colonies.
    Those involved in developing the report include USDA's Office of Pest Management Policy (OPMP), National Institute of Food and Agriculture (NIFA), Agricultural Research Services (ARS), Animal and Plant Health Inspection Service (APHIS), National Resource Conversation Service (NRCS) as well as the EPA and Pennsylvania State University. The agencies indicated that the report will provide important input to the Colony Collapse Disorder (CCD) Steering Committee, led by the USDA, EPA and the National Agricultural Statistics Service (NASS).

    The agencies indicated in a release that an estimated one-third of all food and beverages are made possible by pollination, mainly by honey bees. In the United States, pollination contributes to crop production worth $20-30 billion in agricultural production annually. A decline in managed bee colonies puts great pressure on the sectors of agriculture reliant on commercial pollination services. This is evident from reports of shortages of bees available for the pollination of many crops. The Colony Collapse Steering Committee was formed in response to a sudden and widespread disappearance of adult honey bees from beehives, which first occurred in 2006. The Committee will consider the report's recommendations and update the CCD Action Plan which will outline major priorities to be addressed in the next 5-10 years and serve as a reference document for policy makers, legislators and the public and will help coordinate the Federal strategy in response to honey bee losses.
 
    Bob Stallman, President, American Farm Bureau  (AFB) issued a statement on the report saying, "The Agriculture Department/Environmental Protection Agency report issued today concludes what farmers and scientists have known for some time -- that there isn't just one cause to the decline in honey bee numbers. It's a multitude of factors, which makes it even more important that we continue work on a solution through collaborative efforts among farmers, beekeepers, researchers, the federal government and the public. The good health of the honey bee is extremely important to American agriculture. Many farmers and ranchers require honey bees and other pollinators to produce a healthy, bountiful crop. Farm Bureau supports funding for research to find real answers to the Colony Collapse Disorder, as well as practical, effective methods to remedy the situation."
 
    In a blog posting, the Natural Resources Defense Council (NRDC) said the report, ". . . finds that pesticides may be part of the problem, including both the pyrethroid and neonicotinoid classes of pesticides. Both of these classes of pesticides were developed and promoted as reduced-risk replacements for the war-era organophosphate pesticides that were not only deadly to bees and other wildlife, but also highly toxic to people. However, emerging science is proving that these replacement chemicals pose significant risks of harm to bees and beneficial insects, and therefore ultimately to agriculture and our ability to grow our own food. Unfortunately, the USDA/EPA report recommendations are mainly limited to recommendations about best management practices and technical advancements for applying pesticides to reduce dust, etc. The report is conspicuously silent on reducing the overall use of bee-killing pesticides, that is, on recommendations that would reduce the overall sales and profits for chemical makers."
 
    On March 21, 2013, a coalition of four beekeepers and five environmental and consumer groups filed a lawsuit in Federal District Court against U.S. EPA for its failure to protect pollinators from dangerous pesticides. The pesticides involved -- clothianidin and thiamethoxam -- are "neonicotinoids," a newer class of systemic insecticides that are absorbed by plants and transported throughout the plant's vascular tissue, making the plant potentially toxic to insects. The coalition, represented by attorneys for the Center for Food Safety (CFS), is seeking suspension of the registrations of insecticides which they say "have repeatedly been identified as highly toxic to honey bees, clear causes of major bee kills and significant contributors to the devastating ongoing mortality of bees known as colony collapse disorder (CCD)" [See WIMS 4/4/07]. The suit challenges EPA's ongoing handling of the pesticides as well as the agency's practice of "conditional registration" and labeling deficiencies [See WIMS 3/21/13].
 
    On the issue of neonicotinoids, the EPA-USDA report indicates, "Pesticide exposure to pollinators continues to be an area of research and concern, particularly the systemic pesticides such as neonicotinoids. Despite concerns regarding the potential hazard that systemic pesticides may represent to honey bee colonies, when pesticides are viewed in the aggregate at the national level, the frequency and quantity of residues of pyrethroids coupled with the toxicity of these insecticides to bees could pose a 3-fold greater hazard to the colony than the systemic neonicotinoids." 
 
    Access a release from the agencies (click here). Access the complete 72-page report (click here). Access the AFB statement (click here). Access the NRDC blog posting (click here). [#Agriculture, #Wildlife, #Toxics] 

Wednesday, May 01, 2013

Extending Energy Policies Will Reduce Use & CO2

Apr 30: The U.S. Energy Information Administration (EIA) released, as part of EIA's Annual Energy Outlook 2013 (AEO2013), the so-called "Extended Policies case" which shows that extending certain Federal energy efficiency and renewable energy laws and regulations could reduce annual energy-related carbon dioxide (CO2) emissions in the United States in 2040 by roughly 6% relative to a "Reference case" projection that generally assumes current laws and policies. Between 2013 and 2040, this reduction adds up to a cumulative emission savings approaching five billion metric tons. A release of an additional "Impact of natural gas liquids growth" analysis is scheduled for May 2. The natural gas analysis release will complete the full AE02013 analysis which will also be available on May 2. The full analysis includes sections on: Oil price and production trends in AEO2013; U.S. reliance on imported liquid fuels in alternative scenarios; Competition between coal and natural gas in the electric power sector; Nuclear power in AEO2013; Updated no sunset and extended policy cases; and Impact of natural gas liquids growth. The AEO2013 also includes additional chapters on: Market Trends; Legislation & Regulations;and  Comparisons.

    Projected emissions reductions result from decreased energy consumption as well as additional energy production from low-carbon resources. In 2040, the Extended Policies case projects four quadrillion Btu lower annual U.S. energy consumption than the Reference case. The cumulative amount of energy use is 55 quadrillion Btu lower between 2013 and 2040.

    The Extended Policies case differs from the Reference case, which generally reflects policies as they exist in spring 2013, including the assumption that any sunset dates (for example, scheduled expirations for tax credits) or other scheduled milestones occur as specified in law. In the Extended Policies case, EIA explores the possible effects of the indefinite continuation of certain provisions that have expiration dates and the expansion of certain energy laws and regulations. The Extended Policies case includes key assumptions affecting: Electric power; Residential and commercial buildings; Transportation; and Industry. The continuation of the production tax credit for wind, biomass, geothermal, and other renewable resources, and the investment tax credit for solar generation technologies exemplify the policy extensions included in this case.

    The Extended Policies case includes several add-on assumptions to the "No Sunset case," e.g. additional updates to Federal equipment efficiency standards; residential and commercial end-use technologies eligible for incentives would not be subject to new standards. The assumptions of the No Sunset case include:

  • The PTC of 2.2 cents per kilowatthour and the 30-percent investment tax credit (ITC) available for wind, geothermal, biomass, hydroelectric, and landfill gas resources, assumed in the Reference case to expire at the end of 2012 for wind and 2013 for the other eligible resources, are extended indefinitely.
  • For solar power investments, a 30-percent ITC that is scheduled to revert to a 10-percent credit in 2016 is, instead, assumed to be extended indefinitely at 30 percent.
  • In the buildings sector, personal tax credits for the purchase of renewable equipment, including photovoltaics (PV), are assumed to be extended indefinitely, as opposed to ending in 2016 as prescribed by current law. The business ITCs for commercial-sector generation technologies and geothermal heat pumps are assumed to be extended indefinitely, as opposed to expiring in 2016; and the business ITC for solar systems is assumed to remain at 30 percent instead of reverting to 10 percent. 
  • In the industrial sector, the 10-percent ITC for combined heat and power (CHP) that ends in 2016  is assumed to be preserved through 2040.
     In addition to the above, the Extended Policies case adds the following assumptions:
  • Federal equipment efficiency standards are assumed to be updated at periodic intervals, consistent with the provisions in existing law, at levels based on ENERGY STAR specifications or on the Federal Energy Management Program purchasing guidelines for federal agencies, as applicable. Standards are also introduced for products that currently are not subject to federal efficiency standards.
  • Updated Federal energy codes for residential and commercial buildings increase by 30 percent in 2020.
  • Modifies the assumption in the Reference and No Sunset cases and assumes continued increases in CAFE standards after MY 2025. CAFE standards for new LDVs are assumed to increase by an annual average rate of 1.4 percent.
  • In the industrial sector, the ITC for CHP is extended to cover all properties with CHP, no matter what the system size (instead of being limited to properties with systems smaller than 50 megawatts.  Also, the ITC is modified to increase the eligible CHP unit cap to 25 megawatts from 15 megawatts.
    EIA also analyzes other cases including: the "Reference" case; "Low Oil Price" case; and the "High Oil Price" case. Additionally, the "Low Oil and Gas Resource" case only reflects the uncertainty around tight oil and shale gas resources; while the "High Oil and Gas Resource" case reflects a broad-based increase in crude oil and natural gas resources.
Also a "Low Coal Cost" case, assumes higher mining productivity and lower costs for labor, mine equipment, and coal transportation, leading to lower coal prices for electric power plants. A "High Coal Cost" case assumes coal-fired plants are used less, and more coal-fired capacity is retired than in the Reference case.
 
    Nuclear power is also projected. In 2011, approximately 19 percent of the nation's electricity was generated by 104 operating commercial nuclear reactors, totaling 101 gigawatts of capacity. In the AEO2013 Reference case, annual generation from nuclear power grows by 14.3 percent from the 2011 total to 903 gigawatt hours in 2040. However, the nuclear share of the overall generation mix declines to 17 percent as growth in nuclear generation is outpaced by the increases in generation from natural gas and renewables. The Reference case projects the addition of 19 gigawatts of nuclear capacity from 2011 to 2040, in comparison with the addition of 215 gigawatts of natural gas capacity and 104 gigawatts of renewable capacity. There are also "Low Nuclear" and "High Nuclear" cases.
 
    EIA indicates, "A key contributing factor to the recent decline in net import dependence has been the rapid growth of U.S. oil production from tight onshore formations, which has followed closely after the rapid growth of natural gas production from similar types of resources. Projections of future production trends inevitably reflect many uncertainties regarding the actual level of resources available, the difficulty in extracting them, and the evolution of the technologies (and associated costs) used to recover them. To represent these uncertainties, the assumptions used in the High and Low Oil and Gas Resource cases represent significant deviations from the Reference case."
 
    Also, EIA notes that, "Liquid fuels play a vital role in the U.S. energy system and economy, and access to affordable liquid fuels has contributed to the nation's economic prosperity. However, the extent of U.S. reliance on imported oil has often been raised as a matter of concern over the past 40 years. U.S. net imports of petroleum and other liquid fuels as a share of consumption have been one of the most watched indicators in national and global energy analyses. After rising steadily from 1950 to 1977, when it reached 47 percent by the most comprehensive measure, U.S. net import dependence declined to 27 percent in 1985. Between 1985 and 2005, net imports of liquid fuels as a share of consumption again rose, reaching 60 percent in 2005. Since that time, however, the trend toward growing U.S. dependence on liquid fuels imports has again reversed, with the net import share falling to an estimated 41 percent in 2012, and with EIA projecting further significant declines in 2013 and 2014."
 
    Access an overview of the Extended Policies case (click here). Access the extensive EIA analysis with numerous links to referenced information, data, appendices, additional chapters and more (click here). [#Energy, #Energy/Renewable, #Climate]
 
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Tuesday, April 30, 2013

NAS Report On Assessing Species Risks From Pesticides

Apr 30: The National Academy of Sciences (NAS), National Research Council (NRC) released a report entitled, Assessing Risks to Endangered and Threatened Species From Pesticides. According to a release, the report indicates that when determining the potential effects pesticides could pose to endangered or threatened species, U.S. EPA, National Marine Fisheries Service (NMFS), and Fish and Wildlife Service (FWS) should use a common scientific approach. Specifically, the agencies should use a risk assessment approach that addresses problem formulation, exposure analysis, effects analysis, and risk characterization.

 

    NRC indicates that under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), before a pesticide can be sold, distributed, or used in the United States, EPA must ensure that it does not cause unreasonable adverse effects on the environment, which includes species that are listed as endangered or threatened and their habitats.  Moreover, the U.S. Endangered Species Act (ESA) requires Federal agencies, including EPA, to consult with FWS and NMFS when a Federal action "may affect" a listed species or its habitat. If EPA determines that a pesticide is "not likely to adversely affect" a listed species -- and FWS or NMFS agrees -- no further consultation is required. However, if EPA determines that a pesticide is "likely to adversely affect" a listed species, a formal consultation with FWS or NMFS is required, and FWS or NMFS determines whether a proposed action is likely to jeopardize the listed species and issues a biological opinion. 

 

    Over the last decade, questions have been raised regarding the best approaches or methods for determining the risks pesticides pose to listed species and their habitats. EPA, FWS, and NMFS have developed their own approaches because their legal mandates, responsibilities, institutional cultures, and expertise differ. Although the agencies have tried to resolve their differences in assessment approaches, they have been unsuccessful at reaching a consensus. As a result, the NRC was asked to examine the scientific and technical issues related to determining risks posed by pesticides to listed species. 

 

    The committee that wrote the report said that a common approach among the agencies is needed. The risk assessment paradigm that traces its origins to the Research Council reports -- Risk Assessment in the Federal Government: Managing the Process; and more recently to -- Science and Decisions: Advancing Risk Assessment; has become scientifically credible, transparent, and consistent. It is reliably anticipated by all parties involved in decisions regarding pesticide use; and clearly articulates where scientific judgment is required and the bounds within which such judgments can be made. Such a process is used broadly for human-health and ecological risk assessments throughout the Federal government.

 

    The committee said, "If FWS and NMFS could build on EPA's analysis of whether a pesticide is likely to adversely affect a listed species rather than conduct a completely new analysis, the assessment would likely be more effective and scientifically credible."  Furthermore, agreement among the agencies has been impeded by a lack of communication and coordination throughout the process. Therefore, the committee emphasized the need for coordination, which it views as necessary to ensure a complete and representative assessment of risk and that each agency's technical needs are met.

 

    The committee examined several components of the risk assessment process where better coordination and agreement would facilitate an integrated approach to examining risks to listed species and their habitats. These included evaluating methods for identifying the best scientific data available, assessing approaches for developing modeling assumptions, identifying geospatial information that might be used in the risk assessment, reviewing approaches for characterizing effects, analyzing the scientific information available for estimating effects of mixtures and inert ingredients, and examining the use of uncertainty factors to account for gaps in data.

 

    Access a release from NAS (click here). Access links to the complete 176-page report and related information (click here). [#Toxics, #Wildlife]

 

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Monday, April 29, 2013

Revised Bristol Bay Assessment For Review & Comment

Apr 26: U.S. EPA released a revised version of the Bristol Bay Assessment for peer review follow-up and public comment. The assessment includes updates following an initial peer review and public comment period of the draft Bristol Bay Assessment released in May, 2012 [See WIMS 5/21/12, & WIMS 10/3/12]. EPA is arranging for the original independent, scientific peer reviewers to evaluate the revisions made following their feedback. EPA is also inviting the public to submit comments until May 31, 2013. The peer review follow-up and comment period are meant to ensure that EPA is using the best available science for its assessment, and that information from a range of stakeholders is considered, including industry, conservation groups, and Tribes. The revised assessment reflects feedback from the initial peer review report and 233,000 public comments EPA received when it released the original assessment.

    EPA indicates that key changes to the assessment include r
efinement and better explanation of the mine scenarios assessed, including the role in developing these scenarios of worldwide industry standards for porphyry copper mining and specific preliminary mine plans submitted to state and Federal agencies related to the Pebble Mine Project [See WIMS 10/3/12]. Pebble Mine is a giant gold and copper mine proposed at the headwaters of the Bristol Bay watershed. The Bristol Bay watershed feeds the greatest wild salmon fishery in the world, supporting valuable (around $500 million annually) fish- and tourism-related activity, indigenous people, and a vast array of wildlife. Environmental groups have said that the proposed Pebble Mine, one of the largest mines in the world with a footprint that would cover 28 square miles of land, would siphon as much as 35 billion gallons of fresh water out of the headwaters of Bristol Bay, Alaska every year, eliminating critical salmon habitat, and would likely facilitate the development of a much larger mining district, further endangering the world's largest wild sockeye salmon fishery. EPA highlights the following changes:
  • Incorporation of modern conventional mining practices into mine scenarios and clarification that some of the projected impacts assume that those practices are in place and working properly.
  • Addition of an appendix describing methods to compensate for impacts to wetlands, streams and fish.
  • Reorganization of the assessment to better reflect the ecological risk assessment approach and to clarify the purpose and scope.
  • Additional details about projected water loss and water quality impacts on stream reaches, drainage of waste rock leachate to streams, and mine site water balance to assessment of potential mine impacts.
  • Expanded information on the potential transportation corridor, including analysis of potential diesel pipeline spills, product concentrate spills, truck accidents involving process chemicals and culvert failures.
    EPA released the draft Bristol Bay Assessment on May 18, 2012. The agency held a series of public meetings concurrent with the release and received feedback from 12 independent expert peer reviewers. In February 2011, in response to growing interest in large-scale mining in the watershed from a number of stakeholders and local communities with a range of views, EPA launched the Bristol Bay assessment to gain a better understanding of the watershed and the potential impacts of large-scale mining in the area. The assessment provides a scientific foundation for future decision-making by federal and state agencies and to inform public discussion. EPA has made no decisions about using its Clean Water Act authorities in Bristol Bay. After this peer review follow-up and public comment period are complete, EPA will review feedback and move forward to finalize the assessment. EPA intends to issue a final assessment in 2013.
 
    U.S. Sen. Lisa Murkowski (R-AK), issued a statement on the revised assessment saying, "My review of the full document is still underway, but in the meantime I want to reiterate what I have said in the past. Attempts to prejudge any mining project before the full details of that proposal are submitted to the EPA for review is unacceptable. The permitting process exists for a reason and a federal agency can no more ignore the established process than can an applicant. If the EPA has concerns about the impact of a project there is an appropriate time to raise them -- after a permit application has been made, not before. It is clear to me that a preemptive veto of resource development is quite simply outside the legal authority that Congress intended to provide to of the EPA. I made that clear to the previous EPA administrator and I will make it clear to the current nominee, Gina McCarthy."

    Sen. Murkowski indicates that EPA undertook the watershed assessment in response to petitions to preemptively veto development in Alaska. She has continually criticized the EPA for failing to rule out using the watershed assessment to justify preemptively blocking development, including mineral production by the Pebble Limited Partnership, in Southwest Alaska. Sen.Murkowski has also stated that EPA's use of a hypothetical mine -- much of which is designed to violate modern environmental standards -- is a fundamental flaw that must be fixed if Alaskans are to make informed decisions about development in the state. The revised watershed assessment does not fix this flaw.

    More than 300 leading scientists sent a letter to the White House on April 26, 2013 expressing "deep concerns" about the prospect of large-scale mining in the Bristol Bay watershed of Southwest Alaska, home to the world's largest wild salmon runs. In their letter, the scientists indicate in part, "In our view, EPA's draft Bristol Bay Watershed Assessment aptly identifies the outstanding ecological and cultural values at risk from a mine on the scale of the Pebble discovery or from other mine operations that would likely follow an initial mine opening in the region. The Bristol Bay area, comprised of the Nushagak and Kvichak river watersheds, the headwaters of three other pristine rivers, and the largest undeveloped lake on Earth, is one of the most productive, beautiful, and bountiful landscapes on the continent. Undeveloped watersheds are a rarity throughout the world and Bristol Bay's pristine watersheds support a world-class salmon fishery, which includes all five salmon species native to Alaska and the largest sockeye salmon runs in the world. Annual salmon returns, fully unsupported by hatcheries, typically average in the millions. The Bristol Bay Sport Management Area also supports abundant sport and subsistence fisheries. Together, this keystone fishery and the diverse habitats of the region are home to abundant populations of brown bears, gray wolves, and bald eagles. Caribou and moose frequent the areas' wetlands. . .

    "We understand that no specific mining proposal has yet been put forward for approval and that the agency has been criticized for utilizing hypothetical mine scenarios for assessment of impacts. We disagree strongly with these criticisms and believe that the use of credible mining scenarios is appropriate for this sort of forward-looking analysis. We would also note that the nature of metal mining, with its high potential for encountering unanticipated conditions, means that nearly any major mine plan is subject to change. Indeed, the footprints of many mines that have operated over decades are far larger than initially planned. . ."

    Access a release from EPA (click here). Access the Bristol Bay assessment website for complete information and commenting instructions (click here). Access the release from Sen. Murkowski with links to her previous inquiries and EPA's responses (click here). Access more information from the Wild Salmon Center on the Pebble Mine proposal (click here). Access more information on the Pebble Mine from Northern Dynasty (click here). Access a 4-page fact sheet from Northern Dynasty (click here). Access the Pebble Partnership website for more information including a Pebble Environmental Baseline Document (click here). Access the Keystone Center website for the Pebble Mine project for background and links to more information (click here). [#Land, #Wildlife, #Water] 

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Monday, April 15, 2013

WIMS Spring Break

WIMS will be taking our Spring publication break the next two weeks. 
 
We will resume regular publication on Monday, April 29, 2013.
 
During our break you may want to
follow some of the news on our:
 
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Friday, April 12, 2013

House Hearing Focuses On Nuclear Waste Disposal

Apr 11: The House Appropriations Committee, Subcommittee on Energy and Water Development and Related Agencies, held a hearing on Nuclear Programs and Strategies that focused for the most part on siting and developing a high-level nuclear waste disposal site. Witnesses included representative from the U.S. Nuclear Waste Technical Review Board; Member of the Blue Ribbon Commission on America's Nuclear Future; U.S. Nuclear Regulatory Commission (NRC) staff; Department of Energy staff; and the Government Accountability Office (GAO). GAO's testimony provides background and was summarized in a report entitled, Commercial Spent Nuclear Fuel: Observations on the Key Attributes and Challenges of Storage and Disposal Options (GAO-13-532T, Apr 11, 2013).
 
    GAO indicates that spent nuclear fuel, the used fuel removed from commercial nuclear power reactors, is one of the most hazardous substances created by humans. Commercial reactors have generated nearly 70,000 metric tons of spent fuel, which is currently stored at 75 reactor sites in 33 states, and this inventory is expected to more than double by 2055. The Nuclear Waste Policy Act of 1982, as amended, directs DOE to investigate the Yucca Mountain site in Nevada --100 miles northwest of Las Vegas -- to determine if the site is suitable for a permanent repository for this and other nuclear waste. DOE submitted a license application for the Yucca Mountain site to the Nuclear Regulatory Commission in 2008, but in 2010 DOE suspended its licensing efforts and instead established a Blue Ribbon Commission to study other options. The commission issued a report in January 2012 recommending a new strategy for managing nuclear waste, and DOE issued a new nuclear waste disposal strategy in 2013.
 
    GAO testified that in November 2009, it reported on the attributes and challenges of a Yucca Mountain repository. A key attribute identified was that the Department of Energy (DOE) had spent significant resources to carry out design, engineering, and testing activities on the Yucca Mountain site and had completed a license application and submitted it to the Nuclear Regulatory Commission, which has regulatory authority over the construction, operation, and closure of a repository. If the repository had been built as planned, GAO concluded that it would have provided a permanent solution for the nation's commercial nuclear fuel and other nuclear waste and minimized the uncertainty of future waste safety. Constructing the repository also could have helped address issues including federal liabilities resulting from industry lawsuits against DOE related to continued storage of spent nuclear fuel at reactor sites. However, not having the support of the administration and the state of Nevada proved a key challenge. As GAO reported in April 2011, DOE officials did not cite technical or safety issues with the Yucca Mountain repository project when the project's termination was announced but instead stated that other solutions could achieve broader support.

    Temporarily storing spent fuel in a central location offers several positive attributes, as well as challenges, as GAO reported in November 2009 and August 2012. Positive attributes include allowing DOE to consolidate the nation's nuclear waste after reactors are decommissioned. Consolidation would decrease the complexity of securing and overseeing the waste located at reactor sites around the nation and would allow DOE to begin to address the taxpayer financial liabilities stemming from industry lawsuits. Interim storage could also provide the nation with some flexibility to consider alternative policies or new technologies. However, interim storage faces several challenges. First, DOE's statutory authority to develop interim storage is uncertain. Provisions in the Nuclear Waste Policy Act of 1982, as amended, that allow DOE to arrange for centralized interim storage have either expired or are unusable because they are tied to milestones in repository development that have not been met. Second, siting an interim storage facility could prove difficult. Even if a community might be willing to host a centralized interim storage facility, finding a state that would be willing to host such a facility could be challenging, particularly since some states have voiced concerns that an interim facility could become a de facto permanent disposal site. Third, interim storage may also present transportation challenges since it is likely that the spent fuel would have to be transported twice -- once to the interim storage site and once to a permanent disposal site. Finally, developing centralized interim storage would not ultimately preclude the need for a permanent repository for spent nuclear fuel.

    Siting, licensing, and developing a permanent repository at a location other than Yucca Mountain could provide the opportunity to find a location that might achieve broader acceptance, as GAO reported in November 2009 and August 2012, and could help avoid costly delays experienced by the Yucca Mountain repository program. However, developing an alternative repository would restart the likely costly and time-consuming process of developing a repository. It is also unclear whether the Nuclear Waste Fund--established under the Nuclear Waste Policy Act of 1982, as amended, to pay industry's share of the cost for the Yucca Mountain repository--will be sufficient to fund a repository at another site.

    University of Michigan professor Rodney Ewing, Chairman of the U.S. Nuclear Waste Technical Review Board addressed issues relating to: 1. What do international and U.S. experiences tell us about consent-based siting? 2. What can we learn from Yucca Mountain, technically and otherwise? 3. What is the current thinking and consensus around preferable options for nuclear waste disposal and the siting of a geologic repository? He summarized his testimony saying, "I would observe that not using a consent-based approach for repository siting can slow the process or lead to delay or failure, but using a consent-based process does not guarantee that a repository will be successfully sited. Programs in other countries are using a variety of consent-based approaches, with mixed results. Deep-mined geologic disposal remains the approach that is being pursued by most of the countries with nuclear waste programs, worldwide, and a deep geologic repository will be needed regardless of the fuel cycle option selected. The only operating deep-mined geologic repository in the world for disposal of radioactive waste is the WIPP [Waste Isolation Pilot Plant] facility in New Mexico, and important lessons can be taken from the development of that facility. Finally, ongoing, independent technical oversight of the activities undertaken by the implementer of a consent-based repository-siting program is crucial, regardless of whether the implementing entity is a government agency, a non-governmental organization, or a federal corporation."

    DOE testified that, "The Administration looks forward to working with this Subcommittee and other members of Congress on crafting a path forward for used nuclear fuel and high-level waste management and disposal. This progress is critical to assure that the benefits of nuclear power are available to current and future generations." DOE said the President's FY 2014 budget request includes a multi-part proposal to move ahead with developing the nation's used nuclear fuel and high-level waste management system outlined in the Administration's Strategy [See WIMS 1/14/13]. First, it lays out a comprehensive funding reform proposal. As described in the Strategy, the Administration's proposal includes three elements for funding reform: ongoing discretionary appropriations, reclassification of existing annual fees from mandatory to discretionary or a direct mandatory appropriation, and access to the balance of the nuclear waste fund. Included in the amounts that would be made available under this proposal, are defense funds to pay for the management and disposal of government-owned wastes within the overall system. In total, the Administration proposes $5.6 billion in spending to implement the strategy over the next 10 years.
 
    The representative from the Blue Ribbon Commission (BRC) said, "Development of consolidated storage capability was one of many of the Commission's recommendations incorporated into the Administration's January 2013 Strategy for the Management and Disposal of Used Nuclear Fuel and High-Level Radioactive Waste. The Subcommittee asked that I provide my personal views on the Administration's strategy. On balance, I was pleased to see that the Administration's strategy embraces the spirit of the Blue Ribbon Commission's recommendations, from supporting a consent-based siting process and establishing a new waste management organization to conducting R&D on advanced fuel cycles. As noted earlier, the Administration's projected timeframe for establishing consolidated storage capability is generally consistent with the Commission's findings, though the Administration projects that development of a repository will take a decade-plus longer than the Commission believed is achievable."
 
    She said, "According to a legal analysis performed for the BRC, which I would like to submit for the record, further legislative action would not be required prior to the designation of a storage site (and potentially not until the construction phase). . . We must couple this siting effort with a renewed initiative to communicate broadly about the benefits and risks associated with the long-term management of spent fuel and high-level waste. In particular, I believe we must communicate effectively about the steps that are taken to ensure safety in the transport of radioactive wastes. During my service on the Commission I learned of the outstanding track record accumulated over decades of safe spent fuel shipments in the U.S. I firmly believe that an effective outreach program is essential to building public confidence that spent fuel and high-level radioactive wastes can be safely shipped, stored and disposed in the U.S."
 
    Access links to all of the testimony (click here, See 4.11.13). Access the January 2013 Strategy for the Management and Disposal of Used Nuclear Fuel and High-Level Radioactive Waste (click here). [#Haz/Nuclear, #Energy/Nuclear]
 
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