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Docs demand tighter emissions at coal EFH plants

August 28, 2013 by Adrian Shelley

Today the Dallas County Medical Society filed a petition with the Texas Commission on Environmental Quality asking the agency to adopt rules to reduce the pollution from three old coal-fired power plants that contribute disproportionately to high ozone levels in Dallas-Fort Worth and East Texas.

“Evidence is overwhelming that our high ozone levels are causing increasing numbers of area children to develop asthma, and are contributing to the many asthma attacks, chronic lung disease exacerbations, and heart attacks we see every day in our emergency rooms, clinics and hospitals,” said Robert Haley, MD, a Dallas internist and epidemiologist. “A large body of medical research shows that more people of all ages develop respiratory illnesses and die prematurely in cities with high ozone levels, and we have among the highest ozone levels in the country.”

To address this issue, DCMS and the Texas Medical Association sponsored a study by Daniel Cohan, PhD, an environmental engineering scientist at Rice University, to review all the scientific information about ozone pollution in North Texas and identify ways to reduce ozone levels without compromising the state’s energy grid or jobs. Click here for study. 2013 white paper august 1 2013

“The Cohan Report identified these three very old coal-fired power plants south and east of Dallas, built in the 1970s, that have never been required to meet current emission limits and which contribute disproportionately to ozone levels in the Dallas-Fort Worth area,” according to Cynthia Sherry, MD, DCMS president. “With the impending bankruptcy of the plants’ owner, Energy Future Holdings, the plants likely will change hands.” The petition asks that the TCEQ require these plants to meet the same low emission levels for ozone-forming gasses that are required of the company’s two newer lignite-fired power plants. “This is the time to require that the plants lower their emissions to protect the health of North Texans,” Dr. Sherry said.

The three power plants are Big Brown near Fairfield, Martin Lake near Longview, and Monticello near Mount Pleasant.

“Because of their age, these three plants emit large amounts of pollution for a relatively small amount of electricity produced,” said   Cohan, the report’s author. “Today’s technologies offer economically more attractive alternatives that would be far less polluting.”

According to the report, a combination of natural gas, geothermal, coastal wind, and solar production could replace the energy production capacity — and the East Texas jobs — of the three old coal plants at equivalent prices to Texas ratepayers. East Texas, where the three coal plants operate, has uniquely amenable geologic characteristics that make geothermal power generation unusually attractive.

Energy Future Holdings, an investment group that purchased the power plants from TXU, is facing bankruptcy because the drop in energy prices from the boom in natural gas production has reduced the profitability of coal. It also faces new requirements to control mercury emissions, and the Environmental Protection Agency is formulating additional requirements for controls on CO2 emissions.

“The financial press is predicting bankruptcy or restructuring of Energy Future Holdings,” according to Tom “Smitty” Smith of Public Citizen’s Texas office.  “The petition by the physicians and environmental groups will put the company or new owners on notice that they can’t keep running these old, polluting plants without investing in new pollution controls. Concerned citizens can add their names to the petition by visiting PETITION WEB SITE.”

The petition can be found at http://www.ipetitions.com/petition/tceq-please-clean-up-northeast-texas/

To comment on the petition, go to  http://www10.tceq.state.tx.us/epic/efilings/ . To submit comments, use Docket No. 2013-1612-RUL, which was assigned to this Petition for Rulemaking (Dallas County Medical Society Petition: EPA-Compliant Pollution Control on Old Coal Plants).

The scientific report can be found at www.dallas-cms.org/news/coalplants.pdf.

“Bad air day: Report details power plant dangers,” Texas Medicine, June 2013, pp. 45-49, accessed at: http://www.texmed.org/Template.aspx?id=23977

 

Posted in Air Quality, Energy, Global Warming, Health, Toxics | Tagged , , , , , , |

Radioactive Leak at New Jersey Nuclear Plant with Recent License Extension

August 23, 2013 by Citizen Carol

Update:

Salem Nuclear Reactor Unit 1 resumed operations Saturday after crews repaired a leak in the containment building that was discovered two days earlier.  The plant operator says about 4,800 gallons of radioactive water leaked out, and the water went through the plant’s drain system as designed. The entire system holds 90,000 gallons.

This was a quick fix compared to STP’s recent outages.  One from November 29, 2011 to April 24, 2012 and one from January 8, 2013 to April 22, 2013.  When outages last this long, it can have an affect on consumers pocketbooks.  These two outages cost just the City of Austin, TX, which owns a 16% portion of the nuclear plant, $27 million in replacement power costs, which the utility just passed along to consumers in the fuel charges.  That averaged out to $64 per customer since November 2011.

Could the cost to consumers of replacing old and deteriorating parts that have the plants down for long periods have been the deciding factor in retiring the San Onofre plant in California permanently.  What will be the fate of the aging nuclear plants across the country.
Continue Reading »

Posted in Nuclear, Radiation | Tagged , , , , , , , , , , |

Community and activists protest permit for Plaquemines coal export terminal in Louisiana

August 19, 2013 by Citizen Carol

Residents and environmental activists in Plaquemines Parish, LA, filled the community center auditorium during Wednesday night’s permit hearing for the RAM coal export terminal proposed for the Lower Mississippi River just outside New Orleans.

Local residents turn up to a hearing on a proposed coal export terminal in Belle Chase, Louisiana. 120 strong compared to 12 the previous year.

Local residents turn up to a hearing on a proposed coal export terminal in Belle Chase, Louisiana. 120 strong compared to 12 the previous year.

Plaquemines Parish, a long strip of wetlands and small communities banked by the Mississippi, is already home to much industrial activity, including two coal export terminals, where coal sits in immense uncovered piles. Speakers at the hearing urged Louisiana’s Department of Natural Resources (DNR) to deny a coastal use permit for a third coal export terminal for various reasons.

Speakers said the RAM terminal that Missouri-based Armstrong Energy has proposed would add to the coal-dust pollution that already burdens nearby communities, as well as bring train traffic to the area. They said the terminal would undermine state efforts to restore disappearing wetlands by employing the Myrtle Grove Sediment Diversion, a project, still in planning stages, to deposit river sediment in the wetlands.

They said coal exported through the terminal would contribute to climate change, pointing out that low-lying Plaquemines Parish and the entire New Orleans area are particularly vulnerable to the extreme weather and rising sea levels that global warming and climate disruption brings. They also pointed out that the community would be buying into a shaky financial proposition by allowing the coal terminal to be built, since Armstrong Energy is amid deep economic problems.

In response to pressure from Plaquemines residents, officials scheduled a second permit hearing for Thursday at 6 pm in Belle Chasse, Louisiana.

“I am definitely in opposition to this terminal,” said Plaquemines Parish Councilman Burghart Turner, who represents Ironton and Myrtle Grove, communities adjacent to the location proposed for the RAM terminal. “With the IMT (International Marine Terminals coal facility) already just south of the community of Ironton, and with this additional coal facility north of Ironton, we would be choking out that community,” he said, referring to the pollution from coal dust and other industrial sources that burden the area.

“The folks in the Pacific Northwest have already said ‘no’ to these types of coal terminals, because they know the problems they present,” said Devin Martin, an organizer for the Sierra Club who lives nearby in New Orleans. “The coal companies are looking to the Gulf of Mexico because they believe we’ll be an easy target. They believe our political leaders won’t stand up – that they’ll be happy to have a dirty industry in their neighborhood, that communities don’t have the kind of voice to stand up to these kinds of projects. But communities in the area are already overburdened with pollution from coal dust and other industrial activity, and they have spoken up repeatedly that they don’t want any development if they can’t be assured it won’t degrade the air, water and quality of life.”

During the hearing, Martin also presented 600 petitions gathered from Louisiana residents, pointing out that opposition to the RAM terminal is present throughout state.

“The financials for Armstrong Coal, the parent company for the RAM terminal, are extremely shaky,” said Hillary Corgey, a researcher for Public Citizen Texas. According to the company’s prospectus, she said, “Their debt increased from 2010 to 2011 from $139.8 million to $244.8 million, and their revenue plummeted from 2009 to 2011 from $10.4 million to $3.4 million. Armstrong’s bond rating is considered a junk bond. That is from both Moody’s and Standard & Poor’s.”

In a joint letter submitted to the DNR during the hearing, state and national environmental groups urged the agency to deny the coastal use permit sought by Armstrong because the RAM terminal is in conflict with a state and federal program to build vital wetlands by depositing sediment from the Mississippi River.

The letter noted that the RAM Terminal could undermine the success of the Myrtle Grove Sediment Diversion by “polluting the water going into the wetlands” with coal and petcoke; both contain heavy metals, sulfides, and other toxic constituents that would harm aquatic species and impede the ability of marsh plants to take root in the newly restored wetlands.

The letter was signed by representatives from Louisiana Environmental Action Network (LEAN), Gulf Restoration Network, Lower Mississippi Riverkeeper, Sierra Club and Public Citizen.

“Our position is that DNR must deny this permit, as it’s inconsistent with the state’s master plan for coastal restoration,” said Scott Eustis, a coastal wetlands specialist for the Gulf Restoration Network.

“The Myrtle Grove Sediment Diversion is a $300 million project, the state’s premier coastal restoration project. There have been years of planning and engineering and there will be at least five to 10 more years of planning. DNR cannot permit a ship terminal in the location where the engineer for the sediment diversion says a barge is inconsistent. DNR has a chance to stand up for coastal restoration. We think that they must.”

Under Louisiana state law, the Coastal Protection and Restoration Authority (CPRA) must find that the RAM terminal is consistent with the state’s coastal management plan before the DNR approves construction of the facility. The CPRA, which expressed concerns about the terminal’s impact on coastal management in 2012, has not yet altered that opinion to find the terminal consistent.

Posted in Coal, Global Warming, Gulf Coast Coal Export Terminals | Tagged , , , , |

Double Standards in Texas Water Law

August 14, 2013 by Colin Gordon

Double Standards in Texas Water Law

Under Texas Water Code, there is a double standard between groundwater and surface water. Groundwater is generally the property of the landowner as long as it is on private property, while surface water is property of the state.

The Water Code Section 35.002 defines groundwater as “water percolating below the surface of the earth.” But it does not clearly define “percolating.” Other forms of groundwater sources include “underground rivers” (aka subterranean streams) and “underflow,” both of which are excluded from the definition of groundwater in Section 52.001 of the Water Code. Section 35.003 states, “Surface water laws are not applicable. The laws and administrative rules relating to the use of surface water do not apply to groundwater.”

Andrew Sansom, Director of the River Systems Institute at Texas State University, has emphasized that we are currently given permission by the state to withdraw more water from our rivers and lakes than the amount that is actually in them. And as surface water levels decline in the midst of the drought, Texas becomes more dependent upon groundwater sources. Again it sheds light on the double standard, as the state treats surface and groundwater as two completely different substances. Much of it is rooted in the water rights system. This starts with the “rule of capture,” which allows individual landowners to pump as much water as they wish from the underlying aquifer, without liability for injury to an adjacent landowner caused by excessive pumping.

Rule of captureWater use is a zero-sum game; one landowner benefits at the other’s detriment. Since the Water Code’s definition of groundwater only stipulates “percolation,” it essentially says that if you pump it, you own it. Texas courts presume that that all groundwater is “percolating” and property of the landowner until it is conclusively shown to be a subterranean river or underflow.  This was settled by the Texas Supreme Court case Houston & T.C. Ry v. East in 1904.

The rule of capture also sheds light on the political imbalance between private property rights and the public interest of protecting groundwater as a natural resource and public utility. If groundwater were universally owned by the state, just as surface water is, any state intervention onto landowner property regarding groundwater use should not be viewed as an intrusion of private property rights.

A similar principle applies to private land in regards to wildlife. A game warden or any Texas Parks & Wildlife official does not need a search warrant from a judge to search one’s land; this is because the wildlife is property of the state agency, which also issues hunting and fishing licenses, sets the dates for hunting seasons, and cracks down on poaching.Groundwater district officials could follow the same guidelines as TPWD officials; groundwater is to them as wildlife is to TPWD. One is not entitled to kill as many deer as he wishes in the name of private property rights; the same principle should be applied to pumping groundwater on private property.

Posted in Water | Tagged , , , , , , |

U.S. Rep. Lamar Smith, Climate Denier

August 13, 2013 by Adrian Shelley

Today, I had the privilege of addressing citizens in San Antonio, Texas that attended the Organizing for Action Climate Change Event at Congressman Lamar Smith’s office.  Here is a transcript of my speech:

“Congressman Lamar Smith, who chairs the House Committee on Science, has recently said he didn’t want to act on climate change because of ‘uncertainties on how much human activity is causing climate change’  He should hold hearings in Texas to hear from scientists and citizens about how the ‘uncertain climate’ is effecting his home state.

There is no longer any uncertainty over climate change. Ninety-seven percent of the credentialed scientists who have studied this issue recognize the clear linear relationship between increased carbon emissions and human activity

A blanket of carbon dioxide keeps our earth warm enough to live on, but when that blanket is thickened by carbon emitted by our power plants, factories, cars and trucks, the earth overheats, resulting in increased uncertainty for Texans due to more severe droughts, heat waves, wildfires, tornados and hurricanes.

The ‘uncertainty’ now centers on how much or how fast the climate will change.  No responsible scientist is saying we shouldn’t act now to reduce carbon.

Changing our energy sources is the fastest and cheapest way to do that. Two public utilities in the Congressman’s district, CPS and Austin Energy, are leading the nation in renewable energy and energy-efficiency programs that work, reduce carbon and costs.

Also, Congressman Smith should stop promoting the Keystone Pipeline and acknowledge that emissions from mining, refining and using this tar like substance are far more damaging than conventional crude, and will affect central Texans.

We ask Congressman Smith to hold hearings in Austin and San Antonio, away from the oil and coal company lobbyists of Washington, D.C., so his constituents and local scientists can tell him how climate change is creating uncertainty in their lives and livelihood.

As Congressman Smith’s fellow Republicans expressed in the New York Times Opinion Pages on August 1st, 2013, ‘The only uncertainty about our warming world is how bad the changes will get, and how soon.  What is most clear is that there is no time to waste.  Mr. Obama’s plan is just a start. More will be required. But we must continue our efforts to reduce the climate-altering pollutants that threaten our planet.'”

Unfortunately, similar speeches were having to be given at over 100 U.S. Represenatives and Senators offices today. Politians that are climate change deniers are out of the mainstream of both American thought and scientific fact. After the speeches were given, we presented Congressman Smith with a “Climate Change Denier Award.” This is one award that Rep. Smith, as well as the many others that recieved it, should not be proud of.

 

Posted in Global Warming | Tagged , , , , , , |

In the U.S., proximity to a pipeline is at your own risk.

August 9, 2013 by Citizen Carol

In a report by TruthOut, Mike Ludwig tells how federal regulators have failed to enforce pipeline safety despite spills and deadly accidents.  Each year more than 250 significant pipeline accidents cause explosions, pollution, property damage, injury and death across the country.  Since 2006, 96 people have been killed, yet no one seems to be there to protect the interests of the public.   Click here to read this report.

Posted in natural gas, Tarsands | Tagged , , , , , , , |

Solar a Shining Opportunity for Austin – Solar Goals and Programs Need Expanding

August 7, 2013 by kaibawhite

Business leaders, environmentalists and low income advocates are behind a push to get Austin to increase its solar energy goal to 400 megawatts by 2020 and expand solar programs to meet that goal.

A diverse group of community leaders appointed to the Local Solar Advisory Committee (LSAC) by City Council examined solar opportunities in Austin and unanimously recommended that we double our 2020 solar goal, creating an estimated $300 million in net economic benefits and staying well within our current affordability goals.

“The Austin Energy leadership is saying we can’t afford to do this now,” says Tom “Smitty” Smith, director of Public Citizen’s Texas office.  “But they are only looking at replacement power costs.  The value of solar is far more than replacing wholesale power.  It increases revenue for the city from off system sales of peak power we won’t need at home. Expanding solar goals will mean reduced costs for peak power, fuel, hedging, insurance, maintenance and transmission, as well as reduced water use and pollution.  The LSAC looked at all of those factors and that’s why the business, solar and environmental community all agreed that we should expand our goals now.”

2013-08-06 400MW Solar is 5.2-6 Percent of Austin Energy Demand by 2020 (sun pie graph)The LSAC report shows that expanding the solar goal to 400 MW by 2020 – which would meet 5.2-6% of Austin Energy’s electric demand – would be affordable.  Current affordability limits are set at 2% of anticipated utility revenue and the solar program would never go beyond 0.31% – likely less, according to the LSAC report and would reduce costs by 2020.  The affordable nature of the plan is what got low income advocates to support it.

Susan McDowell, executive director at Lifeworks supports the expansion of Austin’s solar goals.  “Keeping up with rising electric bills is a struggle for many working families, especially in the summer.  Solar is cheaper over the long run and can ease that pressure.  We need more solar programs geared toward working families, including those who rent.”

Instead of embracing the recommendations, Austin Energy has proposed a 42% cut to its solar rebate program for fiscal year 2014, from $7.3 million to $4.2 million.  Supporters of the LSAC recommendations are asking City Council to move in the opposite direction and expand the solar budget to $10 million dollars.

We need a solar budget large enough to meet demand. This year, Austin Energy reduced the solar rebate to avoid running out of money before the year was over.  Solar is becoming more popular and we should take advantage of that.

While the LSAC did envision an eventual reduction and end to solar rebates, the Committee recommended investing more now to establish the industry in Austin and take advantage of a 30% federal tax credit for solar installations.

“Low solar prices, coupled with the 30% federal tax credit, give us the opportunity to get more solar installed for each dollar spent than ever before,” says BJ Stanbery, CEO of Heliovolt.  “And unlike most of the other energy sources we rely on, our investment in solar feeds into our local economy.  The time to establish the Austin solar business cluster is now because the 2016 federal ITC reduction from 30% to 10% is setting the timeline for industry maturation.”

The solar industry has already created hundreds of jobs in Austin, many of them in installation.  Solar installation companies are small, locally owned business and the jobs they create can’t be outsourced.

Carey Ibrahimbegovic, president and CEO of Greenbelt solar says, “We’re working hard to bring solar to as many families and business as we can and we’re creating good local jobs as we do that.  Austin area solar companies already employ over 600 people and meeting a 400 MW solar goal will create an estimated 420 new local direct and induced jobs each year from 2013 to 2020, with an average increase in local annual payroll of over $10 million.”

Posted in solar | Tagged , , , , , |

FOODOPOLY – Meet the author on August 7th in Austin, TX

August 6, 2013 by Citizen Carol

 

Winonah Hauter

Winonah Hauter

Wenonah Hauter grew up on a family farm that her husband runs today as a Community Supported Agriculture Project (CSA), which is part of the growing local food movement. Yet, as one of the nation’s leading healthy-food advocates, Hauter believes that the local food movement is not enough to solve America’s food crisis and the public health debacle it has created. In Foodopoly, she takes aim at the real culprit: the control of food production by a handful of large corporations—backed by political clout—that prevents farmers from raising healthy crops and limits the choices that people can make in the grocery store.

Foodopoly-200pxBlending history, reporting, and a deep understanding of American farming and food production, Foodopoly is the shocking and revealing account of the business behind the meat, vegetables, grains and milk that most Americans eat every day, including some of our favorite and most respected organic and health-conscious brands. Hauter also pulls the curtain back from the little-understood but vital realm of agricultural policy, showing how it has been hijacked by lobbyists, driving out independent farmers and food processors in favor of the likes of Cargill, Tyson, Kraft and ConAgra. Foodopoly demonstrates how the impacts ripple far and wide, from economic stagnation in rural communities at home to famines overseas. In the end, Hauter argues that solving this crisis will require a complete structural shift—a change that is about politics, not just personal choice.

Author and healthy food advocate Wenonah Hauter will be in Austin for a book signing and Q&A session on Wednesday, August 7th.  Join her from 7-8:30 pm at the Austin public library branch location at 5500 Manchaca Rd.

Click here for more information about the book.

Posted in Health | Tagged , , , , , , , |

Many Texas Towns Still in a Water Crisis

August 4, 2013 by Colin Gordon

In the midst of the 2013 Texas drought, many towns and communities have suffered disastrous blows, either completely running out of water or coming close enough to warrent desperate measures. Some of have made significant headlines, including Spicewood Beach, Barnhart and Brownwood.

According to TCEQ, 665 water systems have implemented mandatory restrictions. 10 have been placed in a state of emergency in the last year, which means they could run out of water within 45 days or less.

Spicewood Beach drought

Spicewood Beach, TX

Spicewood Beach was the first Texas town to run out of water in early 2012, when low lake levels resulted in the well failure, and the community is still waiting for a solution. Since last year, the Lower Colorado River Authority (LCRA) has been trucking in about 32,500 gallons of water per day and an additional 6,500 gallons on weekends to serve the town’s more than 7,500 residents. The community is under stage 4 water restrictions, meaning residents cannot perform any outdoor watering; water is only for essential uses. The LCRA Board unanimously approved construction of a $1.2 million water treatment plant, which will be built by the Vancouver based private company Corix Utilities. The LCRA had hoped they could end stage 4 restrictions by completing the plant by the end of the summer, but Corix does not expect to finish construction until November. The company’s Texas-based operations manager Darrin Barker stated that obtaining permits from the necessary agencies like TCEQ, LCRA, and US Army Corp of Engineers will add up to three months to the process.

The West Texas community of Barnhart, about 50 miles west of San Angelo, suffered a disastrous fate on June 4 when they officially ran out of water. The town’s sole public well source stayed dry for nearly 3 days. Residents point to the local economy’s reliance on oil and gas drilling as a contributing factor to the problem. “This is Texas industry. This [oil and gas] is what makes Texas money, and yes, we have to have it, but not at this expense,” said Barnhart resident Glenda Kuykendall. On June 6, TCEQ released a statement, saying that “the water system issued a boil water notice as a precautionary measure due to the low water pressure.” However, as of June 18, the agency has only listed Barnhart in stage 3 and as an area of “concern,” meaning they could run out of water in 180 days or less. Barnhart has only 112 residents, which could mean that the potential well capacity exceeds the consumer demand, giving them a higher window of time before a potential outage threat after mitigating the problem.

Brownwood’s primary water source, Lake Brownwood, dropped 17 feet during the 2011 drought and came close to running out of water. The drought still lingers here, a major concern for Brown County Water Improvement District General Manager Dennis Spinks. The District hopes to drill and tap two aquifers 3,000 feet down, but if they fail, the backup plan is to turn treated sewage into drinking water, sending it directly back into the city pipes and eliminating the lake as the middle man. The city obtained a permit from TCEQ and funding from the Texas Water Development Board (TWDB) that would allow such a strategy. Brownwood has approximately 20,000 residents and is currently under stage 3 watering restrictions. However, the Water District board members have debated entering stage 4 and are closely monitoring lake levels to determine whether or not it will be necessary.

Posted in drought, Water | Tagged , , , , , , |

The Potential Boom in East Texas Geothermal Energy

August 3, 2013 by Adrian Shelley

Texas is a state that is abundant with clean and renewable sources of energy. From the booming wind industry, to the emerging solar sector, Texas is primed to be a clean energy leader. And now thanks to the SMU Geothermal Laboratory, Texans have one more reason to go green.

Research from SMU has shown that there are substantial geothermal resources all along the East I35 Corridor. Geothermal power stations work by harnessing the heat trapped deep within the Earth, and would utilize the ample number of active and plugged wells from the oil and gas industry. “There are currently over 200,000 active wells in Texas. That is 200,000 potential sources of cost-competitive, renewable, baseload, clean energy to Texans.”

Given that geothermal in Texas would most likely be small distributed generation systems of 250 kw to 1 MW per well, a realistic Enhanced Geothermal System (EGS) potential for Texas is 318,652 exajoules (EJs). To put that in perspective, that is enough to power the entire industrial sector for over 500 years at the 2008 Texas electrical consumption rate of 32,525 thousand megawatt-hour (MWh).

Tapping into these resources would provide a clean source of energy, while invigorating rural economies with jobs growth and investments. And since geothermal uses existing wells, it could be rapidly deployed to create a clean energy boom for East Texas.

Posted in Energy, geothermal, green jobs, Renewables | Tagged , , , , , , , , , |

Presidential Executive Order — To Improve Chemical Facility Safety and Security

August 2, 2013 by Citizen Carol

A few months after the deadly explosion at a fertilizer plant in West, Texas, President Obama signed an executive order aimed at increasing safety and oversight at chemical plants across the country. We challenge the state of Texas to go further over the interim session to insure communities have the information they need for their Local Emergency Planning Commissions (LEPCs) to develop adequate plans for dealing with accidents at chemical facilities located within their jurisdiction.

The executive order is included below:

EXECUTIVE ORDER

– – – – – – –

IMPROVING CHEMICAL FACILITY SAFETY AND SECURITY

 

By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:

Section 1. Purpose. Chemicals, and the facilities where they are manufactured, stored, distributed, and used, are essential to today’s economy. Past and recent tragedies have reminded us, however, that the handling and storage of chemicals are not without risk. The Federal Government has developed and implemented numerous programs aimed at reducing the safety risks and security risks associated with hazardous chemicals. However, additional measures can be taken by executive departments and agencies (agencies) with regulatory authority to further improve chemical facility safety and security in coordination with owners and operators.

Sec. 2. Establishment of the Chemical Facility Safety and Security Working Group. (a) There is established a Chemical Facility Safety and Security Working Group (Working Group) co-chaired by the Secretary of Homeland Security, the Administrator of the Environmental Protection Agency (EPA), and the Secretary of Labor or their designated representatives at the Assistant Secretary level or higher. In addition, the Working Group shall consist of the head of each of the following agencies or their designated representatives at the Assistant Secretary level or higher:

(i) the Department of Justice;

(ii) the Department of Agriculture; and

(iii) the Department of Transportation.

(b) In carrying out its responsibilities under this order, the Working Group shall consult with representatives from:

(i) the Council on Environmental Quality;

(ii) the National Security Staff;

(iii) the Domestic Policy Council;

(iv) the Office of Science and Technology Policy;

(v) the Office of Management and Budget (OMB);

(vi) the White House Office of Cabinet Affairs; and

(vii) such other agencies and offices as the President may designate.

(c) The Working Group shall meet no less than quarterly to discuss the status of efforts to implement this order. The Working Group is encouraged to invite other affected agencies, such as the Nuclear Regulatory Commission, to attend these meetings as appropriate. Additionally, the Working Group shall provide, within 270 days of the date of this order, a status report to the President through the Chair of the Council on Environmental Quality and the Assistant to the President for Homeland Security and Counterterrorism.

Sec. 3. Improving Operational Coordination with State, Local, and Tribal Partners. (a) Within 135 days of the date of this order, the Working Group shall develop a plan to support and further enable efforts by State regulators, State, local, and tribal emergency responders, chemical facility owners and operators, and local and tribal communities to work together to improve chemical facility safety and security. In developing this plan, the Working Group shall:

(i) identify ways to improve coordination among the Federal Government, first responders, and State, local, and tribal entities;

(ii) take into account the capabilities, limitations, and needs of the first responder community;

(iii) identify ways to ensure that State homeland security advisors, State Emergency Response Commissions (SERCs), Tribal Emergency Response Commissions (TERCs), Local Emergency Planning Committees (LEPCs), Tribal Emergency Planning Committees (TEPCs), State regulators, and first responders have ready access to key information in a useable format, including by thoroughly reviewing categories of chemicals for which information is provided to first responders and the manner in which it is made available, so as to prevent, prepare for, and respond to chemical incidents;

(iv) identify areas, in collaboration with State, local, and tribal governments and private sector partners, where joint collaborative programs can be developed or enhanced, including by better integrating existing authorities, jurisdictional responsibilities, and regulatory programs in order to achieve a more comprehensive engagement on chemical risk management;

(v) identify opportunities and mechanisms to improve response procedures and to enhance information sharing and collaborative planning between chemical facility owners and operators, TEPCs, LEPCs, and first responders;

(vi) working with the National Response Team (NRT) and Regional Response Teams (RRTs), identify means for Federal technical assistance to support developing, implementing, exercising, and revising State, local, and tribal emergency contingency plans, including improved training; and

(vii) examine opportunities to improve public access to information about chemical facility risks consistent with national security needs and appropriate protection of confidential business information.

(b) Within 90 days of the date of this order, the Attorney General, through the head of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), shall assess the feasibility of sharing data related to the storage of explosive materials with SERCs, TEPCs, and LEPCs.

(c) Within 90 days of the date of this order, the Secretary of Homeland Security shall assess the feasibility of sharing Chemical Facility Anti-Terrorism Standards (CFATS) data with SERCs, TEPCs, and LEPCs on a categorical basis.

Sec. 4. Enhanced Federal Coordination. In order to enhance Federal coordination regarding chemical facility safety and security:

(a) Within 45 days of the date of this order, the Working Group shall deploy a pilot program, involving the EPA, Department of Labor, Department of Homeland Security, and any other appropriate agency, to validate best practices and to test innovative methods for Federal interagency collaboration regarding chemical facility safety and security. The pilot program shall operate in at least one region and shall integrate regional Federal, State, local, and tribal assets, where appropriate. The pilot program shall include innovative and effective methods of collecting, storing, and using facility information, stakeholder outreach, inspection planning, and, as appropriate, joint inspection efforts. The Working Group shall take into account the results of the pilot program in developing integrated standard operating procedures pursuant to subsection (b) of this section.

(b) Within 270 days of the date of this order, the Working Group shall create comprehensive and integrated standard operating procedures for a unified Federal approach for identifying and responding to risks in chemical facilities (including during pre-inspection, inspection execution, post-inspection, and post-accident investigation activities), incident reporting and response procedures, enforcement, and collection, storage, and use of facility information. This effort shall reflect best practices and shall include agency-to-agency referrals and joint inspection procedures where possible and appropriate, as well as consultation with the Federal Emergency Management Agency on post-accident response activities.

(c) Within 90 days of the date of this order, the Working Group shall consult with the Chemical Safety Board (CSB) and determine what, if any, changes are required to existing memorandums of understanding (MOUs) and processes between EPA and CSB, ATF and CSB, and the Occupational Safety and Health Administration and CSB for timely and full disclosure of information. To the extent appropriate, the Working Group may develop a single model MOU with CSB in lieu of existing agreements.

Sec. 5. Enhanced Information Collection and Sharing. In order to enhance information collection by and sharing across agencies to support more informed decisionmaking, streamline reporting requirements, and reduce duplicative efforts:

(a) Within 90 days of the date of this order, the Working Group shall develop an analysis, including recommendations, on the potential to improve information collection by and sharing between agencies to help identify chemical facilities which may not have provided all required information or may be non-compliant with Federal requirements to ensure chemical facility safety. This analysis should consider ongoing data-sharing efforts, other federally collected information, and chemical facility reporting among agencies (including information shared with State, local, and tribal governments).

(b) Within 180 days of the date of this order, the Working Group shall produce a proposal for a coordinated, flexible data-sharing process which can be utilized to track data submitted to agencies for federally regulated chemical facilities, including locations, chemicals, regulated entities, previous infractions, and other relevant information. The proposal shall allow for the sharing of information with and by State, local, and tribal entities where possible, consistent with section 3 of this order, and shall address computer-based and non-computer-based means for improving the process in the short-term, if they exist.

(c) Within 180 days of the date of this order, the Working Group shall identify and recommend possible changes to streamline and otherwise improve data collection to meet the needs of the public and Federal, State, local, and tribal agencies (including those charged with protecting workers and the public), consistent with the Paperwork Reduction Act and other relevant authorities, including opportunities to lessen the reporting burden on regulated industries. To the extent feasible, efforts shall minimize the duplicative collection of information while ensuring that pertinent information is shared with all key entities.

Sec. 6. Policy, Regulation, and Standards Modernization. (a) In order to enhance safety and security in chemical facilities by modernizing key policies, regulations, and standards, the Working Group shall:

(i) within 90 days of the date of this order, develop options for improved chemical facility safety and security that identifies improvements to existing risk management practices through agency programs,

(ii) within 90 days of developing the options described in subsection (a)(i) of this section, engage key stakeholders to discuss the options and other means to improve chemical risk management that may be available; and

(iii) within 90 days of completing the outreach and consultation effort described in subsection (a)(ii) of this section, develop a plan for implementing practical and effective improvements to chemical risk management identified pursuant to subsections (a)(i) and (ii) of this section.

(b) Within 90 days of the date of this order, the Secretary of Homeland Security, the Secretary of Labor, and the Secretary of Agriculture shall develop a list of potential regulatory and legislative proposals to improve the safe and secure storage, handling, and sale of ammonium nitrate and identify ways in which ammonium nitrate safety and security can be enhanced under existing authorities.

(c) Within 90 days of the date of this order, the Administrator of EPA and the Secretary of Labor shall review the chemical hazards covered by the Risk Management Program (RMP) and the Process Safety Management Standard (PSM) and determine if the RMP or PSM can and should be expanded to address additional regulated substances and types of hazards. In addition, the EPA and the Department of Labor shall develop a plan, including a timeline and resource requirements, to expand, implement, and enforce the RMP and PSM in a manner that addresses the additional regulated substances and types of hazards.

(d) Within 90 days of the date of this order, the Secretary of Homeland Security shall identify a list of chemicals, including poisons and reactive substances, that should be considered for addition to the CFATS Chemicals of Interest list.

(e) Within 90 days of the date of this order, the Secretary of Labor shall:

(i) identify any changes that need to be made in the retail and commercial grade exemptions in the PSM Standard; and

(ii) issue a Request for Information designed to identify issues related to modernization of the PSM Standard and related standards necessary to meet the goal of preventing major chemical accidents.

Sec. 7. Identification of Best Practices. The Working Group shall convene stakeholders, including chemical producers, chemical storage companies, agricultural supply companies, State and local regulators, chemical critical infrastructure owners and operators, first responders, labor organizations representing affected workers, environmental and community groups, and consensus standards organizations, in order to identify and share successes to date and best practices to reduce safety risks and security risks in the production and storage of potentially harmful chemicals, including through the use of safer alternatives, adoption of best practices, and potential public-private partnerships.

Sec. 8. General Provisions. (a) This order shall be implemented consistent with applicable law, including international trade obligations, and subject to the availability of appropriations.

(b) Nothing in this order shall be construed to impair or otherwise affect:

(i) the authority granted by law to a department, agency, or the head thereof; or

(ii) the functions of the Director of OMB relating to budgetary, administrative, or legislative proposals.

(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

BARACK OBAMA

THE WHITE HOUSE,
August 1, 2013.

Posted in Right to know | Tagged , , , , , |

Keystone XL Will Create Only 2,000 Jobs Nationally

August 1, 2013 by Citizen Carol

President Obama’s Statement that Keystone XL Will Create 2,000 Jobs is Consistent with Cornell Study and State Department Analysis

In an interview with the New York Times July 27, 2013, President Obama asserted that construction of the Keystone XL pipeline would create approximately 2,000 jobs. The President’s claim is consistent with both the findings of the Cornell Global Labor Institute’s 2011 study on the job impacts of the project and the State Department’s latest assessment (SDEIS, March 2013).

“President Obama’s statement that the Keystone XL pipeline has relatively limited job creation potential is entirely correct,” said Sean Sweeney of the Cornell Global Labor Institute and co-author of the study. “TransCanada and the American Petroleum Institute have argued that the project will create tens of thousands, if not hundreds of thousands of jobs, and our data revealed that these assertions were false and the job numbers highly inflated and based on flawed methodology. Cornell’s more careful and comprehensive study, as well as the State Department’s analysis, revealed that the construction of the pipeline will produce far fewer jobs than TransCanada has claimed – only about 2,000 direct construction jobs a year for the two-year life of the project.”

The Cornell report showed that the pipeline would create approximately 2,500 direct construction jobs per year over the two-year life of the project. This number was affirmed in March 2013 when the State Department used TransCanada’s own numbers to analyze the job impacts of the pipeline, based on the current project definition for Keystone XL (Canada to Steele City, NE plus two new pumping stations in KS). The State Department found that the project would employ 3,900 full-time workers for one year, or less than 2,000 workers per year, spread out over the expected two-year construction period. Nearly all of the jobs related to the project would last less than one year – 4 months, 6 months, or 8 months. Therefore, average annual employment is based on the number of construction workers multiplied by the construction period in weeks divided by 52 weeks in a year.  The President’s numbers were therefore correct.

Both Cornell’s and the State Department’s job assessments also found that only 10 – 15% of the construction workers would be hired locally – in the states where the pipeline is being constructed, and that the number of permanent jobs related to the project would be minimal – 35 permanent employees would be required for Keystone XL’s operation.

In addition to the direct construction jobs that would be created by the construction of the Keystone XL pipeline, the Cornell Global Labor Institute also found that TransCanada significantly inflated the number of indirect and induced jobs that the project would create by inflating the overall project budget.  TransCanada has claimed it is a $7 billion project. It arrived at this number by including money that will be spent in Canada and funds that had already been spent in the U.S. at the time when its own commissioned study was released.

“A much smaller project budget means a lot less jobs,” says Lara Skinner, co-author of the Cornell study. “The U.S. is facing a serious unemployment problem and this problem should not be trivialized by TransCanada Corporation vastly overestimating the number of jobs that will be created by Keystone XL. I’m pleased that the President is aware of the actual job creation potential of the project, and recognizes that the minimal employment potential of the project should not be a determining factor in the decision to approve or disapprove Keystone XL.”

The Cornell Global Labor Institute study, Pipe Dreams? Jobs Gained, Jobs Lost by the Construction of the Keystone XL Pipeline, is available here:
http://www.ilr.cornell.edu/globallaborinstitute/upload/GLI_KeystoneXL_012312_FIN.pdf

Ian Goodman and Brigid Rowan of the Goodman Group, Ltd., partnered with Sweeney and Skinner in the production of the Cornell report.

Posted in Global Warming, Jobs | Tagged , , , , |

Texas Solar and Wind Get Fair Credit by Regulator

August 1, 2013 by kaibawhite

Solar Excellent Resource for Meeting High Demand for Energy

You’ve probably heard how solar and wind are intermittent energy sources that aren’t always available, but that’s not the whole story, or necessarily the most important part.

DoD Energy

DoD Energy

When an energy source is available is a critical piece of the puzzle.  We don’t need nearly as much electricity in the middle of the night as we do at 5 pm on a week day when people get home from work and turn down their air conditioning and start cooking dinner, watching TV and doing laundry – often all at the same time.

And now the Electric Reliability Council of Texas (ERCOT) – the entity responsible for keeping the lights on in most of Texas –  is officially recognizing that solar energy is available right when we need it the most – on sunny afternoons – and that wind resources are able to contribute far more than was once believed to meeting our energy needs at those times as well.

ERCOT has no special love for renewable energy – protecting public health and the environment isn’t a factor in its decisions – but it has studied the issue and decided to give solar and wind generators the credit they actually deserve.  Solar facilities up to 200 MW (that’s like a gas plant) will be given a 100% capacity value, although larger solar facilities will have a somewhat lower rating.  Coastal wind will have a 32.9% capacity value.  Coastal wind blows more during the day than West Texas wind, which blows mostly at night, but even non-coastal wind will now get a 14.2% capacity value.  Capacity value corresponds to how likely it is for an energy source to be available during peak energy demand – typically a hot, summer afternoon.

Wind has become a real contributor to the Texas energy portfolio and we can look for solar to make an even larger contribution in the years to come.  This policy change at ERCOT will help us move in that direction.

Posted in Renewables, solar, wind | Tagged , , , , , , , , , , , |

Ask Kerry to restart the Keystone environmental review process.

July 30, 2013 by Citizen Carol

This morning 29 environmental, religious and public interest groups released a letter to Secretary of State John Kerry asking him to restart the Keystone environmental review process, take action against the contractor ERM for lying on its conflict of interest disclosure form, and request a new Inspector General investigation.

Speak up to make sure that the current draft environmental review does not become the basis for his final decision.

Press release: Attached is a press release that has just been sent out. It’s also up on our website here. Please feel free to adapt and send it to your own contacts.

Letter to Kerry: A link can be found here.

Action Alert: If you have not already done so it would be great if you could write to Kerry reinforcing the call for the review to be tossed out and action taken against ERM.  Click here to take action.

Posted in Climate Change, Global Warming | Tagged , , , , , , |

2013 Texas Water Legislation Wrap-up

July 25, 2013 by Colin Gordon

In the midst of Texas’ worst drought since the 1950s “drought of record,” we face serious issues regarding water consumption and waste, water rights, and how conservation efforts can be integrated into public policy. Texas’ population is projected to double by 2060. So how can we sustainably plan to serve the water needs of an estimated 52 million people by then? Water conservation, management strategies, and planning were the top environmental issues put on the table during the 83rd Texas Legislative Session.

Several water conservation bills were passed into law this session. HB 4, introduced by Rep. Allan Ritter (R-Nederland), marked the most significant and impactful among those he signed. The bill allocates $2 billion toward a new State Water Implementation Fund for Texas (SWIFT) from the state’s “Rainy Day Fund,” pending voter approval in the November 5th election. If approved, SWIFT will be used to fund water-related projects, infrastructure, and conservation projects with loans. The bill requires that 20% of funding go toward conservation and re-use, with another 10% toward agricultural water projects.

Faucet dripping Earth dropThree bills passed that will address the problem of wasted water. HB 857, by Rep. Eddie Lucio (D-Brownsville), requires water utilities to conduct annual water loss audits. HB 1461, from Rep. Jimmie Don Aycock (R-Killeen), requires customer notification of audit results. Rep. Lon Burnam’s (D-Fort Worth) HB 3605 requires utilities to use a portion of state financial assistance funds to repair municipal water main leaks, which would save an estimated 20 billion gallons annually.

Austin’s Democratic Sen. Kirk Watson got his SB 198 signed into law as well. It makes it illegal for homeowners associations to prohibit members from utilizing xeriscaping and drought-resistant landscaping. Watson noted that residential lawns are commonly made up of St. Augustine and Kentucky bluegrass, both of which require extensive watering. This is a significant problem in arid regions like west Texas. It takes much less water to grow native plants like yuccas, creosote, and Texas sagebrush, all of which are favorable for lawn aesthetics. An increase in drought-tolerant plants as opposed to traditional lawn grasses could save 14 billion gallons of water by 2020.

Other water-related bills signed into law include SB 385, 654, 700, and 1870. SB 385 created the Property Assessed Clean Energy (PACE) program, which authorizes collaboration amongst municipalities, counties, commercial lenders, and landowners to develop improvement projects that will reduce water and energy consumption. SB 654 gives municipalities the power to enforce water ordinances through civil action instead of filing criminal lawsuits. SB 700 requires that the State Energy Conservation Office (SECO) draft a template for state agencies to use in developing comprehensive water management and conservation plans, which they must annually update. It also requires SECO to biennially submit a progress report to the Governor and publish it on their website. Finally, SB 1870 created the West Fort Bend Water Authority and outlined its powers.

Posted in Texas Legislature, Water | Tagged , , , , |

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