EPA Offers National Greenhouse Gas Data For Large Facilities

Here's a press release from EPA announcing the availability of national data on greenhouse gas (GHG) emissions.  The data are expressed in terms of CO2 equivalent, as gases such as methane are believed by some to have a more potent GHG effect.  You can go to EPA's map through the first hyperlink below, click on West Virginia, and find the largest GHG emitters in the state

  WASHINGTON – For the first time, comprehensive greenhouse gas (GHG) data reported directly from large facilities and suppliers across the country are now easily accessible to the public through EPA’s GHG Reporting Program. The 2010 GHG data released today includes public information from facilities in nine industry groups that directly emit large quantities of GHGs, as well as suppliers of certain fossil fuels.
“Thanks to strong collaboration and feedback from industry, states and other organizations, today we have a transparent, powerful data resource available to the public,” said Gina McCarthy, assistant administrator for EPA’s Office of Air and Radiation. “The GHG Reporting Program data provides a critical tool for businesses and other innovators to find cost- and fuel-saving efficiencies that reduce greenhouse gas emissions, and foster technologies to protect public health and the environment.”
EPA’s online data publication tool allows users to view and sort GHG data for calendar year 2010 from over 6,700 facilities in a variety of ways—including by facility, location, industrial sector, and the type of GHG emitted. This information can be used by communities to identify nearby sources of GHGs, help businesses compare and track emissions, and provide information to state and local governments.
GHG data for direct emitters show that in 2010:

•Power plants were the largest stationary sources of direct emissions with 2,324 million metric tons of carbon dioxide equivalent (mmtCO2e), followed by petroleum refineries with emissions of 183 mmtCO2e.

•CO₂ accounted for the largest share of direct GHG emissions with 95 percent, followed by methane with 4 percent, and nitrous oxide and fluorinated gases accounting for the remaining 1 percent.

•100 facilities each reported emissions over 7 mmtCO2e, including 96 power plants, two iron and steel mills and two refineries.

Mandated by the FY2008 Consolidated Appropriations Act, EPA launched the GHG Reporting Program in October 2009, requiring the reporting of GHG data from large emission sources across a range of industry sectors, as well as suppliers of products that would emit GHGs if released or combusted. Most reporting entities submitted data for calendar year 2010. However, an additional 12 source categories will begin reporting their 2011 GHG data this year.


Access EPA’s GHG Reporting Program Data and Data Publication Tool: http://epa.gov/climatechange/emissions/ghgdata/

Information on the GHG Reporting Program: http://epa.gov/climatechange/emissions/ghgrulemaking.html

Information on the U.S. Inventory of Greenhouse Gas Emissions Sources and Sinks: http://epa.gov/climatechange/emissions/usinventoryreport.html
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Fourth Circuit Upholds State Mining Program Definition of "Material Damage"

The following is an excellent exegesis by Jason Bostic of the West Virginia Coal Association of a recent decision by the Fourth Circuit approving the West Virginia definition of "material damage to the hydrologic balance." Environmental groups had challenged the West Virginia definition because they felt it made the West Virginia program less stringent than the federal program. A US District Court disagreed, and the 4th Circuit affirmed the District Court.  Jason explains what happened.

The Fourth Circuit decision he is referring to can be found here.  The Office of Surface Mining approval from 2008 is here.

The U.S. Court of Appeals for the Fourth Circuit has issued a favorable decision affirming certain revision to West Virginia’s surface mining regulatory program.  The changes concern W.Va.’s rules governing cumulative hydrologic impact assessments and thresholds for determining when “material damage to the hydrologic balance” has occurred.  The decision  provides the West Virginia Department of Environmental Protection (WV DEP) with a much better regulatory tool for determining when a mining related discharge/activity has caused “material damage to hydrologic balance” and (hopefully) resolves a 10-year regulatory and legal controversy related to those changes.  The Coal Association supported the proposed revisions at the Legislature and in three separate federal public comment periods established by the federal Office of Surface Mining (OSM).   The Association was also an intervenor-defendant in several rounds of federal litigation involving OSM’s consideration and approval of the proposed amendment, including this latest appeal to the Fourth Circuit.   

Under the previous language of the W.Va. program, any isolated or minor violation of Clean Water Act (CWA) NPDES effluent standards could be considered “material damage”.  The revisions at issue link “material damage” to “any long term or permanent change in the hydrologic balance…which has a significant adverse impact on the capability of the affected water resources to support existing conditions and uses.”  The new definition makes it clear that single, isolated and/or minor exceedences of effluent limits which do not affect the capability of the affected stream or water body to meet its state CWA designated use (aquatic life, trout stream, public drinking water supply, etc) DO NOT constitute “material damage” under W.Va.’s approved mining regulatory program and the state surface mining law.

History of the Amendments and Litigation

W.Va. first proposed revising its cumulative impact and material damage regulations in 2000.  The West Virginia Legislature approved the revisions in 2001 and they were submitted to OSM for approval.  OSM approved the revisions in December 2003.  OVEC and other anti-mining groups sued OSM in the U.S. District Court for the Southern District of West Virginia over the federal agency’s approval of the W.Va. revisions.  In September 2005 Judge Chambers vacated OSM’s approval of the two revisions on largely rulemaking procedural issues such as the federal agency’s lack of an explanation as to how the changes would affect the stringency of the state program versus a straight analysis of whether the revisions complied with the minimum requirements established by the federal Surface Mining Control & Reclamation Act (SMCRA).  OSM appealed that decision to the Fourth Circuit and in 2006 the

Appeals Court

affirmed Judge Chamber’s ruling of 2005.   

Following the Fourth Circuit’s decision, in March 2007 WV DEP resubmitted the two amendments to OSM with further documentation and analysis to better justify the changes.  Following of a year of dialogue and further exchange of information and documents between WV DEP and the Charleston Field Office of OSM, the revisions were referred to OSM’s Appalachian Region for a final decision.  Despite the rulings of Judge Chambers and the

Appeals Court

, WV DEP, based on resubmission of the amendments, never deleted the language at issue from its mining regulatory program so no further rulemaking from the state is necessary to implement the now approved changes. 

On December 24, 2008, OSM again approved the revisions to the W.Va. program concerning material damage (December 24, 2008 Federal Register Notice is attached).  In February 2009 OVEC yet again challenged the federal approval of the amendments, this time alleging the new definition of material damage altered the regulation and permitting of coal mining operations in contravention of the CWA and in violation of SMCRA’s mandate that “nothing in this act shall be construed as superseding, amending, modifying or repealing the CWA...”  The U.S. District Court for the Southern District of West Virginia (Judge Chambers) issued a decision on January 3, 2011 affirming OSM approval of the proposed amendments.  OVEC again appealed Judge Chambers’ decision to the Fourth Circuit and the decision issued today should resolve the litigation surrounding the revisions to the W.Va. mining regulatory program concerning material damage. 

Detail and Description of the Program Amendments

1.  Deletion of the definition of “Cumulative Impact” at 38 CSR 2.2.39: 

Cumulative impact means the hydrologic impact that results from the accumulation of flows from all coal mining sites to common channels or aquifers in a cumulative impact area.  Individual mines within a given cumulative impact area may be in full compliance with effluent standards and all other regulatory requirements, but as a result of co-mingling of their off-site flows, there is a cumulative impact.  The Act does not prohibit cumulative impacts but does emphasize that they be minimized.  When the magnitude of cumulative impacts exceeds threshold limits or ranges as predetermined by the Department, they constitute material damage. 

The state’s motivation to delete the above definition came in large part from the sentence referencing “threshold limits or ranges”.  These terms were not defined in the mining regulations and where open to wide interpretations ranging from violations of individual effluent limitations to arbitrary interpretations from individual permit reviewers.  Further, the deleted definition recited above references exceedences that occur as a result of the cumulative discharge of multiple operations and outlets and could be viewed as ignoring the individual discharges of a given operation or group of outlets. 

2.  Adding the definition of “Material Damage” to the existing regulation at 38 CSR 2.3.22.e: 

            Existing Language of 38 CSR 2.3.22.e:

           

The Director shall perform a separate CHIA [cumulative hydrologic impact assessment] for the cumulative impact area of each permit application.  This evaluation shall be sufficient to determine whether the proposed operation has been designed to prevent material damage to the hydrologic balance outside the permit area. 

Newly approved definition of Material Damage added to 38 CSR 2.3.22.e:

Material damage to the hydrologic balance outside the permit area means any long term or permanent change in the hydrologic balance caused by surface mining operation(s) which has a significant adverse impact on the capability of the affected water resource(s) to support existing conditions and uses. 

Silk Purses From Sows' Ears

 A Finnish scientist believes he has a solution to global warming emissions from coal and cement plants  by creating a process for making salable materials from CO2.  I don't share the author's concern about carbon dioxide levels, but it's always interesting to see waste products, of combustion or other industrial activities, being profitably used.

Recycling Christmas Trees in Charleston

For those of you who decorate real Christmas trees, and are dragging them to the curb right about now, this is a great way to turn them into productive fishing spots: 

The West Virginia Department of Environmental Protection’s REAP Program is encouraging residents to bring their live Christmas trees to the Capitol Market Saturday, Jan. 7, from 10 a.m. to 2 p.m.

To be accepted, all decorations must be removed including lights, ornaments, tinsel, wire and stands. The trees will be given to the West Virginia Division of Natural Resources for its fish habitat program.

Residents who bring their trees to the market will receive a gift from the REAP program and can sign up for drawings for additional prizes.

Last year, more than 800 trees were collected.

Renewable Fuel Standards and Biofuels

Below is EPA's press release regarding the annual Renewable Fuel Standard targets for 2012.  Note the low standard for cellulosic biofuels, which at one time were expected to be the mainstay of biofuel production.  That hasn't happened, as some  companies find they can't meet production targets with cellulosic feedstocks, and have to use corn. However, some companies, like Mascoma, believe they've found a way to produce ethanol from wood chips for less than $2.00 a gallon, unsubsidized. Here's hoping they can do it, as a plant of that sort would be perfect for West Virginia.


WASHINGTON -- The U.S. Environmental Protection Agency (EPA) today finalized the 2012 percentage standards for four fuel categories that are part of the agency’s Renewable Fuel Standard program (RFS2). EPA continues to support greater use of renewable fuels within the transportation sector every year through the RFS2   program, which encourages innovation, strengthens American energy security, and decreases greenhouse gas pollution.

The Energy Independence and Security Act of 2007 (EISA) established the RFS2 program and the annual renewable fuel volume targets, which steadily increase to an overall level of 36 billion gallons in 2022. To achieve these volumes, EPA calculates a percentage-based standard for the following year. Based on the standard, each refiner and importer determines the minimum volume of renewable fuel that it must ensure is used in its transportation fuel.

The final 2012 overall volumes and standards are:

Biomass-based diesel (1.0 billion gallons; 0.91 percent)
Advanced biofuels (2.0 billion gallons; 1.21 percent)
Cellulosic biofuels (8.65 million gallons; 0.006 percent)
Total renewable fuels (15.2 billion gallons; 9.23 percent)

Last spring EPA had proposed a volume requirement of 1.28 billion gallons for biomass-based diesel for 2013. EISA specifies a one billion gallon minimum volume requirement for that category for 2013 and beyond, but enables EPA to increase the volume requirement after consideration of a variety of environmental, market, and energy-related factors. EPA is continuing to evaluate the many comments from stakeholders on the proposed biomass based diesel volume for 2013 and will take final action next year.

Overall, EPA’s RFS2 program encourages greater use of renewable fuels, including advanced biofuels. For 2012, the program is implementing EISA’s requirement to blend more than 1.25 billion gallons of renewable fuels over the amount mandated for 2011.

More information on the standards and regulations: http://www.epa.gov/otaq/fuels/renewablefuels/regulations.htm

More information on renewable fuels: http://www.epa.gov/otaq/fuels/renewablefuels/index.htm

Update - Here's an article by Dan Piller of the Des Moines Register, who does a good job of explaining more about the history and status of biofuels.

Abandoned Mine Land Funds Released

One of the legacies of coal mining in West Virginia is the presence of unreclaimed mine sites that pre-date the adoption of the Surface Mine Control and Reclamation Act. Coal companies pay a a tax on each ton of coal mined, which is to be used for reclamation of these abandoned mine lands. 

The US Department of the Interior recently announced it was returning some of these fees to the states for their intended purpose - paying for site remediation.  Here's the West Virginia DEP's press release:

West Virginia’s Office of Abandoned Mine Lands and Reclamation will receive $66.5 million in federal grant money for 2012 to eliminate health and safety hazards created by historical coal mining.

West Virginia’s share comes from the nearly half a billion dollars in grants the U.S. Office of Surface Mining (OSM) is awarding state AML programs to address issues associated with pre-law mining. Funding for AML grants is generated through fees placed on coal mined both above and underground and is distributed to states through a congressionally mandated formula under the Surface Mining Control and Reclamation Act (SMCRA) of 1977.

A 2006 amendment to SMCRA called for a phase-in of increased funding for AML programs. Because of that increase, West Virginia will receive its highest funding amount ever in 2012, said Eric Coberly, who directs the state’s AML program for the Department of Environmental Protection.

West Virginia grant money will be used for reclamation projects, eliminating acid mine drainage in state streams and extending waterlines to communities in need of clean drinking water. Funding is set aside, as well, for emergency projects. Coberly said West Virginia currently has about 40 reclamation projects in design, worth about

$32 million.

“This money will enable us to maximize funding in all areas of our AML program and help us better carry out our mission of improving the quality of life for the citizens of West Virginia,” Coberly said.

West Virginia’s $66.5 million funding amount trails only Wyoming ($150 million) and Pennsylvania ($67.2 million).

OSM said AML funding in 2012 will generate more than $1 billion in economic activity and support thousands of jobs across the country.

“When our nation enacted mining reform in 1977, we made a simple and bold promise that the revenues from coal extraction today should help clean up the legacy of coal mining many years ago,” U.S. Secretary of the Interior Ken Salazar said in a news release. “These grants help fulfill that promise, while putting men and women to work across the country on restoration projects that will bring lands back to life, clean up rivers, and leave a better legacy for our children and grandchildren.”

Mercury MACT Rule Announced by EPA

The US EPA has proposed a new rule setting air toxics standards for utilities. Utilities will have to use Maximum Achievable Control Technology (MACT) in order to meet strict new  emission limits on mercury, arsenic, acid gas, nickel, selenium, and cyanide.  Here's the start of EPA's press release:

WASHINGTON – The U.S. Environmental Protection Agency (EPA) has issued the Mercury and Air Toxics Standards, the first national standards to protect American families from power plant emissions of mercury and toxic air pollution like arsenic, acid gas, nickel, selenium, and cyanide. The standards will slash emissions of these dangerous pollutants by relying on widely available, proven pollution controls that are already in use at more than half of the nation’s coal-fired power plants.


EPA estimates that the new safeguards will prevent as many as 11,000 premature deaths and 4,700 heart attacks a year. The standards will also help America’s children grow up healthier – preventing 130,000 cases of childhood asthma symptoms and about 6,300 fewer cases of acute bronchitis among children each year.

The  BNA report by Jessica Coomes and Andrew Childers is here.

Craig Rucker, says that the rule is based on "false science and economics."  He is with the Committee for a Constructive Tomorrow (CFACT) , which  appears to be a conservative advocacy group.  His take on the rule can be found here.