Preview Newsletter
ACC PM 3/22/16
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(ACC Blog) #CleanWater: Brought to You by Chemistry
Mar 22, 2016 | American Chemistry Matters
By American Chemistry
Recent events have brought to light something we take for granted every day—water. Most would agree that water is essential to life (in fact, the average American uses 176 gallons of water per day!), but not many know that chemistry is essential to water, especially to clean, fresh drinking water. That’s why we have released a new video in conjunction with the UN’s #WorldWaterDay and the White House Water Summit that highlights the many ways that chemistry keeps our water flowing. -
(ACC Mentioned) Linde's California LNG Plant Receives Responsible Care® Certification
Mar 22, 2016 | Hydrocarbon Engineering
Linde LLC has received certification of its Altamont, California, liquefied natural gas (LNG) plant under the American Chemistry Council's Responsible Care® programme. -
Overnight Energy: McConnell Tells States to ‘Wait and See’ on Climate Rule
Mar 21, 2016 | The Hill - E2 Wire
By Timothy Cama
Senate Majority Leader Mitch McConnell (R-Ky.) says the Supreme Court's stay of President Obama's climate change rule validates his advice to states. McConnell, who has long advocated that states ignore the Clean Power Plan (CPP), told governors Monday that there's no better time than now to stop working on compliance for the rule. -
McCarthy: 25 States Still Working on Carbon Rule Plans
Mar 22, 2016 | Politico Pro - Whiteboard
By Alex Guillen
Twenty-five states are continuing to work in some manner on complying with the Clean Power Plan, EPA Administrator Gina McCarthy told lawmakers today. -
BLM Extends Comment Period on Methane Rule
Mar 22, 2016 | E&E Greenwire
By Amanda Reilly
The Obama administration today extended the comment period on a proposed rule to limit methane emissions from roughly 100,000 oil and gas wells on federal and tribal lands. -
New Market for U.S. Shale Gas Opens in Europe
Mar 22, 2016 | Wall Street Journal
By Selina Williams
Swiss petrochemicals giant Ineos Group Holdings SA plans to accept the first American shipment of a type of shale gas to Europe on Wednesday—a milestone that marks the opening up of a new market for American energy producers trying to sell a glut of the fuel. -
Fiscal Struggle Jeopardizes Alaska Participation in Gas Pipe Project
Mar 22, 2016 | E&E Energywire
By Margaret Kriz Hobson
Alaska Gov. Bill Walker (I) yesterday said Alaska will continue to move forward with its proposed multibillion-dollar natural gas pipeline project, even if one of the state's industry partners withdraws due to low oil and gas prices. -
PHMSA Proposes Expanding Regulatory Scope of Gathering Lines
Mar 21, 2016 | Natural Gas Intelligence
By Charlie Passut
Thousands of miles of in-service natural gas pipeline built before 1970 -- such as the one that ruptured and exploded in San Bruno, CA, in 2010 -- could be subject to pressure testing under new safety regulations proposed by the Department of Transportation's (DOT) Pipeline and Hazardous Materials Safety Administration (PHMSA). -
OSHA Restores North Texas Oil Patch Initiative
Mar 22, 2016 | E&E Energywire
By Pamela King
The Occupational Safety and Health Administration is rebooting its initiative to promote safety awareness for oil and gas workers in North Texas. -
BLM, Enviros Lash Out Against Fracking Rule Freeze
Mar 22, 2016 | E&E Energywire
By Ellen M. Gilmer
For the first time since a federal court froze the Obama administration's landmark hydraulic fracturing rule last fall, the Interior Department and environmental allies unleashed their full counterattack. -
Famous Scientists Ask Interior to Keep Calif. Fracking Ban
Mar 22, 2016 | E&E Greenwire
By Nathanial Gronewold
Prominent scientists and ocean conservationists today called on the Interior Department to keep in place the moratorium on fracking and other well stimulation techniques offshore from California until more scientific data is in. -
Perspective: IoT and Transportation of the Future
Mar 22, 2016 | Progressive Rail Roading
By Kevin Riddett
In its recent series, Progressive Railroading described the Internet of Things (IoT) as a "world of opportunity for railroads." These articles provided an in-depth look at railroads' ongoing efforts to capture data and implement software-based train control systems, and I could not have agreed more with the magazine's overall assessment. -
(ACC Mentioned) America’s Water Crisis Could Be Worse Than You Know
Mar 22, 2016 | TIME
By Joan B. Rose
The old saying is that “Water is Life.” But water quality is health. We must address formidable water issues to protect the public health of U.S. citizens and the bio-health of our planet in the future. -
Flint Crisis Overshadows Budget Hearing
Mar 22, 2016 | E&E Greenwire
By Amanda Reilly
The drinking water lead contamination crisis in Flint, Mich., and related infrastructure questions overpowered a House hearing on U.S. EPA's budget request this morning. -
How Close are We to a Global Market for Aircraft Emissions?
Mar 22, 2016 | Environmental Defense Fund
By Annie Petsonk
More than 50,000 new large aircraft are expected to take to the skies by 2040 as demand for international aviation skyrockets in emerging markets and beyond.
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(ACC Blog) #CleanWater: Brought to You by Chemistry
Mar 22, 2016 | American Chemistry Matters
By American Chemistry
Recent events have brought to light something we take for granted every day—water. Most would agree that water is essential to life (in fact, the average American uses 176 gallons of water per day!), but not many know that chemistry is essential to water, especially to clean, fresh drinking water. That’s why we have released a new video in conjunction with the UN’s #WorldWaterDay and the White House Water Summit that highlights the many ways that chemistry keeps our water flowing.
Elementary chemistry tells us that water in itself is a chemical (H2O). But, it also needs chemistry for human use and consumption. For more than a century, chemistry has helped purify, protect, and conserve water so communities around the globe can thrive. How? Let’s dive in…
Chemistry treats water for safe consumption
Aluminum and chloride salts remove impurities so water is crystal-clear
That clean, clear taste of water? Made possible by carbon, which helps remove odors and improves taste and clarity
Bye, bye Typhoid and Cholera! Chlorine-based disinfectants kill bacteria and other germs so you can sip with confidence
Chemistry delivers water through our communities
To get from source to tap, water needs chlorine to protect water from germs as it moves through transportation systems
Phosphate-based chemistries and epoxy resins deliver a one-two punch to keep metals out of water systems, by respectively preventing pipe corrosion and creating barriers between water pipes and the water it carries
Polymer chemistry creates modern delivery solutions that are safe, long-lasting, energy efficient, and cost-effective, like plastic pipes
Chemistry conserves water with new technologies
Polymer membranes allow you to drink like a fish by transforming salt water into drinkable fresh water
Chemistry-driven purification technologies allow water to be recycled and reused multiple times
So the next time you go to turn on the tap, chemistry has already been hard at work to ensure that you have safe and clean water. From source to tap, chemistry keeps precious water flowing.
View the video here: https://youtu.be/CTB7iiYVYq8
https://blog.americanchemistry.com/2016/03/clean-water-brought-to-you-by-chemistry/
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(ACC Mentioned) Linde's California LNG Plant Receives Responsible Care® Certification
Mar 22, 2016 | Hydrocarbon Engineering
Linde LLC has received certification of its Altamont, California, liquefied natural gas (LNG) plant under the American Chemistry Council's Responsible Care® programme.
Tom Dziak, Linde's Altamont Plant Manager, said, "Responsible Care certification is consistent with our values as a team in Altamont, and recognises the approach we take daily operating the facility. The plant, in operation since 2009, is a joint venture company with Waste Management, a leading provider of comprehensive environmental solutions services in North America.
The LNG is produced from landfill garbage decomposition and is used to fuel Waste Management's fleet of LNG powered waste disposal trucks. "This is a truly renewable, green fuel supply that produces up to 13 000 gal./d of LNG," says Dziak. "Even our plant site is powered by electricity produced onsite by Waste Management from landfill gas."
Holly Jerdi, Head of Health, Safety and Environment for Linde North America, said, "The employees at the Altamont plant did a great job handling all the details associated with ACC certification. It demonstrates Linde's commitment to sustaining the practices specified in the Responsible Care management system."
Responsible Care is a globally recognised management system aimed at helping companies improve performance in areas such as safety, health, environment and security. Certification is mandatory for all ACC member companies, which must undergo headquarter and facility audits by an independent, accredited auditor to verify that they have a structure and system in place that manages and measures performance. Lloyd's Register Quality Assurance (LRQA) is Linde's independent auditor. Since 2008, 25 Linde plants in North America have been certified under the programme.
The Responsible Care management system offers an integrated, structured approach for driving continual improvement in seven key areas: community awareness and emergency response; security; distribution; employee health and safety; pollution prevention; process safety and product stewardship.
http://www.energyglobal.com/downstream/gas-processing/22032016/Linde-LNG-plant-California-receives-Responsible-Care-certification-American-Chemistry-Council-2828/
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Overnight Energy: McConnell Tells States to ‘Wait and See’ on Climate Rule
Mar 21, 2016 | The Hill - E2 Wire
By Timothy Cama
PUT DOWN YOUR PENCILS: Senate Majority Leader Mitch McConnell (R-Ky.) says the Supreme Court's stay of President Obama's climate change rule validates his advice to states.
McConnell, who has long advocated that states ignore the Clean Power Plan (CPP), told governors Monday that there's no better time than now to stop working on compliance for the rule.
While observers have long labeled McConnell's approach "just say no," he's now labeling it "wait and see."
He pointed out that he's always been doubtful that the Environmental Protection Agency's rule is legal.
"This is precisely why I suggested a 'wait-and-see' approach with respect to the CPP last year," he wrote. "Given the Supreme Court's recent stay of the CPP and the painful lessons of [the mercury and air toxics standards], 'wait-and-see' remains the most responsible approach today," he said, referring to an earlier EPA rule that the high court found to be illegal.
The Obama administration has encouraged states to keep working toward compliance and offered assistance to any who do, but admitted that it cannot enforce the rule while the Supreme Court's stay is in place.
More on Clean Power Plan litigation: The appeals court hearing the case against the Clean Power Plan rejected a conservative group's request to file a separate brief in the case Monday.
The Energy and Environment Legal Institute had prepared a brief alleging that the EPA improperly colluded with environmental lobbyists in writing the rule, and it therefore is illegal and must be overturned.
"The rule is invalid because undisclosed ex parte communications with environmental groups formed the basis of agency action," the group wrote in its brief to the Court of Appeals for the District of Columbia Circuit.
"EPA did not place the communications in the public docket, even though they resulted in a rule carefully calibrated to shut down existing coal power plants."
The court did not give a reason for rejecting the request. The group is separately participating with other groups in the litigation, but can't file its own brief.
http://thehill.com/policy/energy-environment/overnights/273819-overnight-energy-mcconnell-tells-states-to-wait-and-see
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McCarthy: 25 States Still Working on Carbon Rule Plans
Mar 22, 2016 | Politico Pro - Whiteboard
By Alex Guillen
Twenty-five states are continuing to work in some manner on complying with the Clean Power Plan, EPA Administrator Gina McCarthy told lawmakers today.
“Frankly, most states continue to work on this or talk about it,” McCarthy said at a House Appropriations hearing. Those 25 states either continue to work directly with EPA or have sent unspecified “signals” they may keep working, she added.
A number of the 28 states challenging the rule in court quickly stopped working on implementation plans when the Supreme Court stayed the rule last month, but McCarthy's comments indicate regulators in some of those states are at least keeping their options open. Several states that support EPA's carbon rule have said they will continue developing compliance plans while lawsuits play out.
Senate Majority Leader Mitch McConnell on Monday urged governors not to work on an implementation plans while the rule is stayed.
https://www.politicopro.com/energy/whiteboard
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BLM Extends Comment Period on Methane Rule
Mar 22, 2016 | E&E Greenwire
By Amanda Reilly
The Obama administration today extended the comment period on a proposed rule to limit methane emissions from roughly 100,000 oil and gas wells on federal and tribal lands.
In a news release, the Bureau of Land Management said it had received "multiple communications" requesting a longer comment period on the contentious rule.
BLM released the proposal Jan. 22 and had originally scheduled a 60-day comment period; the extended comment period will now end 14 days later, on April 22.
The agency's rule aims to reduce flaring, venting and leaking of methane -- a potent greenhouse gas -- from oil and gas wells on federal lands. It's a key part of the Obama administration's climate agenda for the president's final year in office (Greenwire, Jan. 22).
While not calling for a rate hike, the proposal would also update regulations to give BLM more flexibility to raise the existing 12.5 percent royalty rate for onshore production, set in 1920.
In the two months since its release, the rule has come under fire by industry and Republicans who say the administration is catering to environmental activists who are pressing to keep fossil fuels in the ground (Greenwire, Jan. 22).
BLM estimates the rule would avoid up to 169,000 tons of methane emissions per year, or the amount of greenhouse gas emissions released by 875,000 vehicles.
"Currently, vast amounts of natural gas from public and Indian lands are lost through venting, flaring and leaks from oil and gas operations," BLM said in the release today.
http://www.eenews.net/greenwire/2016/03/22/stories/1060034429
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New Market for U.S. Shale Gas Opens in Europe
Mar 22, 2016 | Wall Street Journal
By Selina Williams
Swiss petrochemicals giant Ineos Group Holdings SA plans to accept the first American shipment of a type of shale gas to Europe on Wednesday—a milestone that marks the opening up of a new market for American energy producers trying to sell a glut of the fuel.
The ship is carrying a type of natural-gas liquid known as ethane that was extracted from the Marcellus Shale in western Pennsylvania, where companies such as Range ResourcesCorp. and Consol Energy Inc. have been looking to diversify the markets for their ethane because of pipeline and storage limitations.
The shipment is the first seaborne export of ethane to Europe from the U.S., Ineos said, another sign of how the North American shale boom has transformed the global energy map.
The recent ramp-up in U.S. shale oil production has challenged Saudi Arabia’s sway over international oil markets, while an earlier shale-gas boom sent prices to record lows and upended coal’s dominance in the power sector.
“We know that shale-gas economics revitalized U.S. manufacturing, and for the first time Europe can access this important energy and raw material source too,” said Ineos Chairman and founder Jim Ratcliffe.
Ethane is a component of natural gas that is separated out and often turned into a liquid for transporting.
It is used to make plastics for food and medical packaging, among others.
Ineos’s shipments from the U.S. are underpinned by a 15-year contract with Range Resources, one of the most active drillers in Pennsylvania, and Consol Energy, another independent exploration-and-production company drilling in the Marcellus Shale.
Both companies, and many of their peers, are struggling as declining energy prices have cut their revenue and share prices in recent years.
Ethane has been among the worst-performing commodity markets, and the companies have spearheaded an effort to ship it to new customers on the Gulf Coast, in Canada and abroad.
“Certainly new end-user markets for our products outside of the Appalachian basin are vital to” the industry’s growth, said Consol spokesman Brian Aiello.
Adding customers abroad would help stabilize U.S. producers, which could convince domestic buyers that they can count on rising supply, he added
Unlike crude oil and natural gas, ethane isn’t restricted for export from the U.S. But a lack of transportation options has limited exports to pipelines.
The ethane cargo left the Marcus Hook terminal near Philadelphia on March 9.
Jeff Ventura, president, chairman and CEO of Range Resources, said the deal to export the ethane “was an incredibly creative solution to what was at one time viewed as a problem—what to do with our ethane.”
Ineos plans to use the ethane at its petrochemical plant in Rafnes in Norway.
By 2020, the company said it aims to be importing about eight shipments a month from the U.S. to supply its European petrochemical facilities and refinery as well as an ethylene plant owned by Royal Dutch Shell PLC and Exxon Mobil Corp. in Scotland.
The ethane shipment comes as Europe’s leaders have long been hoping that U.S. shale gas would help the bloc reduce its reliance on gas from Russia, which provides around a third of the region’s supplies. The ethane from Ineos’s shipment won’t be a substitute for Russian gas, which is mostly methane, but it will help to lower prices in the European market, said Karen Sund, partner at Norway-based Sund Energy consultancy.
http://www.wsj.com/articles/new-market-for-u-s-shale-gas-opens-in-europe-1458588920
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Fiscal Struggle Jeopardizes Alaska Participation in Gas Pipe Project
Mar 22, 2016 | E&E Energywire
By Margaret Kriz Hobson
Alaska Gov. Bill Walker (I) yesterday said Alaska will continue to move forward with its proposed multibillion-dollar natural gas pipeline project, even if one of the state's industry partners withdraws due to low oil and gas prices.
Walker asserted that if any of its partners -- Exxon Mobil Corp., BP Alaska or ConocoPhillips Co. -- decides not to back the next phase of engineering and design work on the Alaska LNG project, the state would "continue on with the partners who are interested in doing that."
He noted that all three partners are eager to commercialize their large gas reserves on the North Slope, even if they don't decide to invest in building the proposed megaproject. The Alaska LNG venture would pipe gas from northern Alaska to an export terminal along the state's southern shores, where it would be sold to Asian markets.
The future of the gas export project came into question last month when oil company representatives warned that they're having second thoughts about moving forward with the next phase of engineering and design due to the "economic headwinds" facing the industry (EnergyWire, Feb. 18).
To pave the way for the state to participate in the Alaska LNG project, the governor implored the Alaska Legislature to "lift the black cloud of uncertainty" over the state's fiscal standing by adopting his budget bill.
Walker noted that the state's budget deficit, which is now estimated at $4.1 billion, is affecting the state's bond rating and its ability to take part in building a gas line. "Everything we want to do in the future in the state is impacted by the uncertainty because we have not resolved the problem," he said.
The Alaska House and Senate are currently debating Walker's proposal to cut the state's growing budget deficit by reducing spending, imposing new taxes and changing the way the state's oil money is used.
Thus far, however, state lawmakers have all but refused to adopt new taxes, particularly the governor's proposal to reinstate a state income tax (EnergyWire, March 9).
Walker warned that he'll call a special legislative session if lawmakers fall short of curbing the state's deficit. "Our message is that if we don't resolve it this year, we will take the uncertainty into the next year and the next year," Walker said.
"I don't like an income tax," the governor said. "I don't like taxes at all. But it's not a matter of what I like or don't like. It's a matter of what Alaska needs."
He maintained that solving the state's fiscal crisis requires bold action that goes beyond simply cutting state programs and waiting for world oil prices to climb. "We've reached a point in our state's history that we need to be looking beyond oil a bit," Walker said.
"We have that opportunity now and you're not going to do it by sitting back with an Ouija board hoping the price of oil is going to $110, $147," he said. "It just isn't going to work."
http://www.eenews.net/energywire/2016/03/22/stories/1060034393
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PHMSA Proposes Expanding Regulatory Scope of Gathering Lines
Mar 21, 2016 | Natural Gas Intelligence
By Charlie Passut
Thousands of miles of in-service natural gas pipeline built before 1970 -- such as the one that ruptured and exploded in San Bruno, CA, in 2010 -- could be subject to pressure testing under new safety regulations proposed by the Department of Transportation's (DOT) Pipeline and Hazardous Materials Safety Administration (PHMSA).
Other proposed changes contained in a 549-page notice of proposed rulemaking (NPRM) include adding thousands of miles of gathering lines to PHMSA's purview, requiring pipeline inspections after extreme weather events such as floods, earthquakes and hurricanes, and more frequent inspections of pipelines in rural areas.
"The significant growth in the nation's production, usage and commercialization of natural gas is placing unprecedented demands on the nation's pipeline system," DOT Secretary Anthony Foxx said in a statement Thursday. "This proposal includes a number of commonsense measures that will better ensure the safety of communities living alongside pipeline infrastructure and protect our environment."
PHMSA Administrator Marie Therese Dominguez added that the proposed regulations "address the emerging needs of America's natural gas pipeline system and adapt and expand risk-based safety practices to pipelines located in areas where incidents could have serious consequences."
A 60-day public comment period will begin for the proposed rule when it is published in the Federal Register.
Eight people were killed and several were injured when a 30-inch diameter transmission pipeline owned and operated by Pacific Gas and Electric Co. (PG&E) ruptured and caused an explosion on Sept. 9, 2010 in San Bruno (see Daily GPI, Sept. 15, 2010). A subsequent investigation by the National Transportation Safety Board (NTSB) concluded that "inadequate quality assurance and quality control" at PG&E, coupled with a failed pipeline integrity management program, were to blame for the rupture of Line 132, which was relocated in 1956 (see Daily GPI, Sept. 27, 2011).
PHMSA said its proposed regulations would meet four congressional mandates from the Pipeline Safety, Regulatory Certainty and Job Creation Act of 2011, one recommendation by the Government Accountability Office (GAO), and six recommendations from the NTSB, including one that more modern testing be performed on pipelines built before 1970. PHMSA officials told NGI on Monday that approximately 57% of all on-shore gas transmission pipelines were constructed before 1970.
Under the proposed rule, the agency would create new subdivisions for Type A gathering lines. A new designation called "Type A, Area 1" would apply to currently regulated Type A gathering lines, while "Type A, Area 2" gathering lines would include gathering lines with at least an 8-inch diameter that are also located in Class 1 locations. The NPRM said the new rule would require "Type A, Area 2" gathering lines to "develop procedures, training, notifications, and carry out emergency plans," and satisfies the recommendation made by the GAO.
On Monday, PHMSA officials told NGI that the new "Type A, Area 2" guidelines would affect 68,749 miles of gathering lines. An additional 275,337 miles of gathering lines would be subject to additional reporting requirements, for a total of 344,086 miles subject to new regulations or reporting requirements.
The agency estimated that, over a 15-year period, the total cost to implement the rule changes would be approximately $597 million ($39.8 million/year) using a 7% discount rate, or $711 million ($47.4 million/year) using a 3% discount rate. Additional costs to states were estimated to not exceed $1.5 million/year.
PHMSA added that it would address several issues in separate rulemakings in the future, including modifying the definition of a high consequence area (HCA), which the agency currently defines as an area or locale where an inadvertent release from pipeline "could have the most significant adverse consequences." Other issues for future rulemaking include enacting tougher remote control valve and leak detection rules for pipeline segments in HCAs; valve spacing and the need for remotely or automatically controlled valves; underground gas storage, and quality management systems.
In a statement Thursday, Interstate Natural Gas Association of America (INGAA) CEO Don Santa said his organization was committed to eliminating pipeline incidents altogether, with or without federal regulation, through its own plan, called Integrity Management Continuous Improvement (IMCI).
"We are encouraged that the long-awaited proposal has been released, and we intend to submit comments to PHMSA by its deadline," Santa said. "Our initial analysis will focus on whether PHMSA's proposal is consistent with the voluntary pipeline safety program INGAA's members undertook in 2012."
Santa added that the IMCI "included several provisions that we anticipate will be addressed in this new [PHMSA] rule, including expanding the federal pipeline integrity management program and ensuring that all pipelines are fit for service."
Dave McCurdy, CEO of the American Gas Association, said his organization would also analyze the changes proposed by PHMSA.
"We have worked closely with PHMSA over the past five years as the agency has developed this proposed rule and we are pleased that it is finally out," McCurdy said Thursday. "We appreciate PHMSA's efforts and look forward to continuing to work with them to help ensure that the final rule is technically-based, reasonable and cost-effective."
http://www.naturalgasintel.com/articles/105771-phmsa-proposes-expanding-regulatory-scope-of-gathering-lines
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OSHA Restores North Texas Oil Patch Initiative
Mar 22, 2016 | E&E Energywire
By Pamela King
The Occupational Safety and Health Administration is rebooting its initiative to promote safety awareness for oil and gas workers in North Texas.
At the end of 2014, the North Texas Exploration & Production Safety (NTEPS) Network, which was established in 2008, disbanded temporarily as the oil price downturn caused many of the industry's senior leaders to transfer into different jobs.
But the slump is also what led to NTEPS' resurrection, said OSHA Fort Worth Director Jack Rector. The workers who have kept their jobs in oil and gas are the ones who will likely be in the industry two to five years from now, when activity picks up again, "which we all believe it will," he said.
That means there is a window of opportunity to change the oil and gas industry at a cultural level, he added.
"We are excited about working with NTEPS to be able to train and share information that will make it safer for workers in the oil and gas industry," Rector said in a Friday statement. "It is the employer's responsibility to provide a safe workplace for their employees and to ensure they have the necessary training to identify hazards before someone is injured or killed; and NTEPS will serve as an excellent resource to communicate safety and health prevention information to the industry and save lives."
NTEPS will continue to meet on the third Friday of each month to discuss best practices around safety and health.
About 20 industry officials and safety consultants attended last week's gathering at the University of Texas, Arlington, Rector said. He hopes to increase attendance to at least 50 at future meetings.
NTEPS is a part of the National Service, Transmission, Exploration & Production Safety Network, which OSHA and industry formed in 2003 to reduce injuries and deaths in South Texas.
http://www.eenews.net/energywire/2016/03/22/stories/1060034378
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BLM, Enviros Lash Out Against Fracking Rule Freeze
Mar 22, 2016 | E&E Energywire
By Ellen M. Gilmer
For the first time since a federal court froze the Obama administration's landmark hydraulic fracturing rule last fall, the Interior Department and environmental allies unleashed their full counterattack.
In opening briefs before the 10th U.S. Circuit Court of Appeals, government and environmental lawyers railed against the Wyoming district court's preliminary injunction of the fracking rule, calling it a legal error that ignored federal law and precedent. The rule -- which regulates well construction, wastewater management and chemical disclosure for fracking on public and tribal lands -- has been tied up in litigation since its release a year ago.
The 10th Circuit appeal comes after the district court last September not only enjoined the fracking rule but also questioned whether Interior's Bureau of Land Management had authority to regulate fracking at all. In his ruling, Judge Scott Skavdahl found that industry and state opponents to the fracking rule were likely to succeed in their underlying arguments against the administration because "the Court does not believe Congress has granted or delegated to the BLM authority to regulate fracking" (EnergyWire, Oct. 1, 2015).
Justice Department lawyers representing BLM took aim at the judge's reasoning in anopening brief yesterday, arguing that the Mineral Leasing Act, the Federal Land Policy and Management Act and other statutes give Interior broad authority over development on public and American Indian lands.
"In those statutes, Congress expressly delegated BLM broad authority to regulate oil and gas operations on federal and Indian lands, and hydraulic fracturing is one such operation," the lawyers told the court. "BLM and its predecessors have regulated well-stimulation techniques similar to hydraulic fracturing since 1936 and have regulated hydraulic fracturing since 1982. ... Through such regulations, BLM fulfills its statutory duty to act as guardian of the public interest in the development of resources owned or held in trust by the federal government."
The administration also criticized the states' argument -- accepted by the lower court -- that the Safe Drinking Water Act and Energy Policy Act of 2005 were intended to exempt fracking from federal oversight. In the district court opinion, Skavdahl cited a 2009 law review article on federal regulation of oil and gas. But, the lawyers noted in yesterday's brief, the author herself has since disputed the judge's interpretation, clarifying that her article addressed only a narrow exemption for hydraulic fracturing from the Safe Drinking Water Act -- not a broad exemption from public lands laws.
Further, BLM's lawyers argued, the preliminary injunction of the fracking rule was based on the erroneous conclusion that the agency crafted the rule without a good reason -- as industry has called it "a solution in search of a problem." Industry and states have repeatedly asked BLM to justify the rule by citing examples of groundwater contamination from fracking. BLM argues that it doesn't need to supply clear evidence; the incomplete science is enough to justify the rule.
"BLM candidly acknowledged that 'efforts to trace contaminants in groundwater to specific hydraulic fracturing operations have been controversial, in light of the technical difficulties and scientific uncertainties,'" the brief says, citing the text of the rule. "However, given its statutory duty to be 'proactive in the protection of resources on Federal and Indian lands,' BLM was reluctant 'to wait for a significant pollution event before promulgating common-sense preventative regulations.'"
Finally, DOJ lawyers took issue with the district court's conclusions that the agency had violated its own tribal consultation policy and that the rule did not adequately consider the costs imposed on industry.Environmental response
Environmental groups supporting the rule also assailed the lower court's preliminary injunction, arguing that the court failed to properly defer to BLM's judgment on the issue.
"We respectfully disagree with the district court on BLM's authority to issue the rule," Earthjustice attorney Michael Freeman told EnergyWire. "The statute and case law on that issue are, we think, very clear.
"The district court improperly substituted its own policy judgment," he added.
Under a legal standard known as Chevron deference, courts typically defer to an agency's judgment when it is interpreting an ambiguous statute, so long as that interpretation is reasonable.
"BLM's interpretation of FLPMA and the MLA as providing authority to issue the Rule prevails under both Chevron steps," lawyers for Earthjustice and the Sierra Club wrote in their brief. "The Court should afford BLM particular deference because the Rule reflects a long-standing agency interpretation of those statutes."
The environmental groups also argued that the district court incorrectly determined that industry and states would face irreparable harm -- part of the legal standard for an injunction -- if the rule moved forward.
"The district court's approach ignores black-letter law that only 'great' and 'substantial' harm justifies injunctive relief and that an injunction is an 'extraordinary' remedy not normally available for economic harms," the groups wrote, noting that the fracking rule would impose only "modest regulatory compliance costs" that are not sufficient to support an injunction.
Industry, the Ute Indian Tribe and the states opposed to the rule -- Wyoming, Colorado, North Dakota and Utah -- are set to file their own briefs in late April. The appeal and the underlying district court case are moving forward at the same time.
http://www.eenews.net/energywire/2016/03/22/stories/1060034399
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Famous Scientists Ask Interior to Keep Calif. Fracking Ban
Mar 22, 2016 | E&E Greenwire
By Nathanial Gronewold
Prominent scientists and ocean conservationists today called on the Interior Department to keep in place the moratorium on fracking and other well stimulation techniques offshore from California until more scientific data is in.
A letter signed by more than 30 scientists was delivered this morning to the heads of the two main federal offshore drilling regulatory agencies, the Bureau of Ocean Energy Management and the Bureau of Safety and Environmental Enforcement (BSEE), urging them to continue the temporary ban until an environmental impact statement is complete. The oil and gas activities targeted in the action include hydraulic fracturing, acidizing and "other well stimulation techniques off the California coast."
Signatories include prominent names in natural sciences such as author Carl Safina, oceanographer Sylvia Earle, climatologist Michael Mann and many more.
The group contends that existing studies show offshore well stimulation may pose a risk to marine environments and nearby communities. Offshore well stimulation actions can occur deep beneath the ocean bottom and are a routine part of oil and gas extraction in the Gulf of Mexico.
Citing "significant data gaps," the group of scientists asks the agencies to hold off on lifting the moratorium for California until studies can take place. An initial assessment issued last month is just the first step, it argues.
"The draft environmental assessment, issued in February, offers a preliminary analysis of the impacts, including an acknowledgement of the many data gaps and uncertainties," the letter says. "The draft assessment highlights a clear need for a full evaluation of the impacts of offshore well stimulation on California's coastal ecosystem."
A moratorium on new drilling off the coast of California has been in effect ever since the Santa Barbara oil spill of 1969. A more recent pipeline spill has drawn greater scrutiny.
The current offshore well stimulation halt is just the latest regulatory headwind facing offshore drilling in the United States. Already battered by the oil price collapse, operators of offshore rigs are facing new challenges in the form of safety and environmental regulations.
New proposed rules governing blowout preventers are being reviewed by the White House Office of Management and Budget. BSEE chief Brian Salerno said in an earlier interview in Houston that industry has opportunities to deliver further input before the rules are finalized.
"OMB is holding what's called listening sessions so the industry has the opportunity to come in and comment on the rule, and OMB gets that directly," Salerno said. "Industry is aware of where it sits, and I believe there are about 15 listening sessions which are predominantly industry groups, either individual companies or trade associations, that are going and meeting with OMB to discuss the rule."
The Obama administration has also recently announced it is rescinding plans to offer offshore acreage in the Atlantic for lease to the oil industry. The administration now wants to tighten air quality regulations on offshore activities.
More than 127 environmental and social justice groups also urged the administration to keep the Pacific off limits to fracking and acidizing. They say Interior's assessment fails to fully account for the risks.
"The Bureaus' flawed draft assessment acknowledges the risks of offshore fracking, but then largely ignores them," the groups said in a letter. "In so doing, the Bureaus failed to fully disclose the environmental impacts of their plan to allow oil companies to resume offshore fracking and other controversial drilling techniques. Moreover, the draft assessment concedes that there are unknown impacts, undisclosed chemicals, and data gaps; but illogically concludes that offshore fracking has no significant environmental impacts."
The Sierra Club, WildEarth Guardians, the Center for Biological Diversity and a range of other national and local groups signed on to the letter. CBD was one of two environmental groups involved in the legal settlement that prompted Interior to take a closer look at the impacts.
http://www.eenews.net/greenwire/2016/03/22/stories/1060034428
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Perspective: IoT and Transportation of the Future
Mar 22, 2016 | Progressive Rail Roading
By Kevin Riddett
In its recent series, Progressive Railroading described the Internet of Things (IoT) as a "world of opportunity for railroads." These articles provided an in-depth look at railroads' ongoing efforts to capture data and implement software-based train control systems, and I could not have agreed more with the magazine's overall assessment.
This is a much different railroad business than the one I encountered a generation ago, which is a perspective I'll share tomorrow at a New York-focused event called "The Future of Transportation," hosted by Bloomberg.
Growing up in Yonkers, N.Y., I can't remember ever thinking I'd go into the railroad business. But after a job as a research assistant in the New York State Senate showed me my future wasn't in politics, I went to work for a family-owned signaling and train control company on Long Island.
We sold signaling equipment to MTA Long Island Rail Road (LIRR), MTA Metro-North Railroad, and New Jersey Transit (NJT). I even remember working on the design of a two aspect dwarf signal. And back in the late 1980s and early 1990s, in particular, I remember that the most high-tech signaling equipment we offered was fixed, manual electromechanical relays.
Today though, railroads are entering into a significant and fast-changing technology period. At our Siemens plants in Marion and Louisville, Ky., and in Pittsburgh, our team is engineering and assembling extremely complex wireless systems that track a train's location and speed in real time. To complement these systems, last year we introducedRailFusion, a software solution that monitors and analyzes data points produced by both onboard and wayside assets.
Siemens is now working as an ongoing project with Metro-North and LIRR to implement positive train control, or PTC. We also worked with Metropolitan Transportation Authority(MTA) to install communications-based train control, or CBTC, on the subway’s Canarsie Line, the first such project in the United States.
CBTC has already been proven to work in other parts of the world. In many other cities where Siemens has installed CBTC, metros have increased capacity by 20 percent, and we are already seeing the same potential for improvement in New York. On the Canarsie Line, anywhere from 5 to 8 more trains have been running every hour since CBTC was introduced, and the systems survived Hurricane Sandy.Budget Woes
Now we are bringing CBTC to the Queens Boulevard Flushing line, and our hope is that we can continue to support MTA's vision to switch the entire system over to this technology. Still, I must caution: MTA has a very good plan in place, but the plan will move slow if its current budget doesn't budge. At current budget levels, it has been estimated that it will take another 50 years before the entire system is converted over.
Part of the reason for this, I think, is that discussions about our country's transportation challenges have had a tendency to focus on problems we can see. The tendency has been to focus on replacing what needs to be replaced, or finding those few opportunities left to add a lane or another track.
There are critical tunnel and rail expansion projects on the horizon in the New York region, too. But even these larger infrastructure improvements – as important as they are – won't erase the train delays, overcrowded platforms, and daily congestion battles. These alone won't create the new capacity that is needed.
What we really have to do is build infrastructure that's smarter: infrastructure made not only of concrete and steel, but the software that's already changing how we plan a trip, catch a cab, or find out when the next bus or train is coming.
The train control systems online now are not only safety critical; in the New York region, especially, they'll be one of the biggest assets we have to safely and reliably serve an already-growing rail ridership and up to two million more riders in the next generation.
Since the use of PTC was mandated by the U.S. Congress, much of the conversation has been focused on how such a massive undertaking will be implemented. The scope of the effort is indeed unprecedented.Transformed by IoT
At the same time, when the PTC rule was passed, it was merely a year after Steve Jobs introduced the iPhone, and with it, powerful software that has transformed our consumer lives and is increasingly finding its way into industry and transportation. Thus, even though some train control systems were mandated by Congress, more and more it appears that the even larger force to be reckoned with will be trying to keep up with and benefit from a world transformed by IoT.
Consider that, as railroads integrate these new systems, Siemens is ready to start testing software that enables vehicles to communicate with surrounding infrastructure such as stoplights and highway-rail grade crossings. This could help proactively prevent one of the leading causes of rail accidents.
Meanwhile, companies such as Google are moving us ever-closer to something that used to be relegated to science fiction: cars that drive themselves. Both autonomous cars and connected vehicles are hot right now, yet the goal of the technology behind them – vehicles that can process data and communicate with surrounding infrastructure – runs parallel to what we're trying to do in railroading.
Smart locomotives, and computers on rails, are not only just as exciting as driverless cars – they represent the future of the industry. As CN Vice President and Chief Information Officer Serge Leduc said, ultimately, harnessing IOT will help railroads "see patterns and leverage information to help make better business decisions."
Electromechanical relays hardly offered as much potential. So as proud as I was to design signals for New York’s railroads and see them in use for many years, I am looking forward even more to the day when they aren’t needed at all.Kevin Riddett is the president of Siemens Mobility business in North America, responsible for the company’s work across a wide spectrum of transportation solutions including rail manufacturing, automation, electrification, intelligent traffic systems , and service. He has an extensive background in the transportation industry, working for leading signaling and rail automation companies as head of Ansaldo Signaling in the US and Global CEO of Invensys before joining Siemens in 2012.
http://www.progressiverailroading.com/rail_industry_trends/article/Perspective-IoT-and-Transportation-of-the-Future--47678
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(ACC Mentioned) America’s Water Crisis Could Be Worse Than You Know
Mar 22, 2016 | TIME
By Joan B. Rose
The old saying is that “Water is Life.” But water quality is health. We must address formidable water issues to protect the public health of U.S. citizens and the bio-health of our planet in the future.
For too long we have taken water for granted. Most Americans don’t know whether their water comes from a lake, groundwater, a reservoir or a river. We seldom realize that a water crisis may be coming soon to a community near us until it does. The intolerable situation in Flint, Mich., that spread neurotoxins throughout an entire city is the most recent prominent illustration but far from the only one.
Waterborne disease outbreaks are much more common than most people realize. From 2000 to 2009 in the U.S. there were more than 22,000 casesof Legionella, a respiratory waterborne disease. Hundreds of beaches in this country are closed for some days or weeks each year due to polluted water.
These things happen because our water resources are stressed. Our water infrastructure is fraying. Pipes are old and treatment facilities often outdated. We must make heavy investments in and commitments to increased water testing and state-of-the art infrastructure. We worry about roads because we can see the rot, the decay, the risk. We can’t see our pipes, however, and we may think that our water is fine unless it comes out of the tap brown or orange. But that’s not always the case.
We are learning constantly about new and emerging pathogens that cause disease. Microbes evolve all the time to overcome the defense mechanisms in our water treatment systems. We must be vigilant and rigorous testers of water.
There is compelling scientific evidence that climate is a driver of waterborne disease. More than 50% of community waterborne illness events in the U.S. are associated with extreme rain. Many developing nations suffer terribly from illnesses caused by lack of sewage treatment facilities which are exasperated by climate. In addition, a direct link exists between water pollution, certain food-borne disease outbreaks and warmer oceans. Temperature, precipitation, humidity and flooding are all factors in contamination of water and food systems by pathogens.
Access to clean water is a central stabilizing force, while lack of access destabilizes societies. It’s hard to progress when you are fighting cholera as they have been in Haiti, or when there is an epidemic of child malnutrition as in India due to exposure to untreated water contaminated with fecal waste.
There is hope, however. Things can improve here and abroad. The key is education, specifically development of a global water curriculum to prepare the next generation of problem solvers. The need is enormous.
We have some good tools to begin. We have new technology to look into water and see what we have never seen before. We have accumulated “big data” on water systems and pathogens that enable us to make connections and understand concepts of disease and its prevention more clearly.
Ultimately, however, what will make the difference is connecting people to each other. Scientists, engineers, water managers, researchers, teachers, students, political decision-makers and leaders of nonprofits need to understand clearly the problems and how to solve them.
That’s why we have started the Global Water Pathogen Project. Dr. Bianca Jimenez, director of the Division of Water Sciences for UNESCO, and I conceived of the project in 2014. This organization, led by Michigan State University and UNESCO, will update knowledge on water pathogens by disseminating a new reference resource on water-related disease risks and intervention measures. This is critically needed by all who research, work with or plan for water. We have more than 110 experts from 41 nations involved in this grand effort to compile updated information on pathogens in sewage and water and the tools available to destroy them.
The accumulated knowledge will be freely available as an online reference that will be updated regularly by experts. The information also will be published in hard copy by UNESCO in English, French and Spanish.
One key objective of the project is to promote collaboration among academics, industries and governments. To that end we have gained support from the Gates Foundation and the Midland Research Institute for Value Chain Creation. P&G and the American Chemistry Council each have generously provided resources for support of the project. And through UNESCO we are able to reach a number of governments to sensitize and mobilize them to address water quality issues.
Just imagine our nation and our world without water pollution. It is only by working together that we can make this happen for future generations.
http://time.com/4266919/americas-water-crisis/
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Flint Crisis Overshadows Budget Hearing
Mar 22, 2016 | E&E Greenwire
By Amanda Reilly
The drinking water lead contamination crisis in Flint, Mich., and related infrastructure questions overpowered a House hearing on U.S. EPA's budget request this morning.
Democrats at a House Interior, Environment and Related Agencies Appropriations Subcommittee hearing today focused on the need for more funding for the agency.
Republicans, on the other hand, focused their remarks on a need to find the root cause of the issues that have plagued Flint over the past several months.SPECIAL SERIES
The Fiscal 2017 Budget & Appropriations Report is a one-stop resource for tracking the fiscal 2017 spending process for environmental and energy accounts. Click here to view the report.
"First, we've got to get an accurate definition of what the problem is and what the solution to the problem is," Subcommittee Chairman Rep. Ken Calvert (R-Calif.) told reporters after the hearing.
"Long term, it's going to be a significant investment, and we're going to have to figure out how to deal with this. Not just Flint. There are a number of communities around the country that suffer the same consequences."
EPA Administrator Gina McCarthy testified this morning but did not take questions from the press afterward. She'll appear again this afternoon before two House Energy and Commerce subcommittees (E&E Daily, March 21).
This morning's hearing came less than a week after McCarthy and Michigan Gov. Rick Snyder (R) testified during a hearing of the House Oversight and Government Reform Committee on the Flint crisis. McCarthy's appearance also comes as Congress remains deadlocked over an aid package for Flint (Greenwire, March 17).
House Appropriations Committee ranking member Nita Lowey (D-N.Y.) today described herself as "outraged" at the situation in Michigan.
Under a state-appointed emergency manager, in 2014 the cash-strapped city switched its water source from Lake Huron to the Flint River in a bid to save money. The new source corroded lead pipes, causing the toxin to enter the water supply.
"I am outraged, as are many of my colleagues, at the neglect and criminal incompetence that resulted in the Flint water crisis," Lowey said. "It's imperative that the federal government hold up our end of the bargain to end the crisis."
Subcommittee ranking member Rep. Betty McCollum (D-Minn.) said the Flint crisis showed the need for Congress to provide EPA with full funding.
She slammed Republicans in Congress for cuts to the agency's budget in recent years, calling them "irresponsible" in light of Flint. EPA leaders say they were unable to persuade the state to take steps to provide corrosion control for Flint's pipes. Republicans, in turn, have blamed the agency for what they see as a slow response.
"The crisis in Flint, Mich., shows what they really were -- irresponsible cuts that jeopardized the EPA's ability to provide state oversight and protect public health," McCollum said. "I truly hope something will come from this tragedy, and that will inspire both sides of the aisle to come together."
But McCollum said she didn't think the administration's budget request went "far enough," highlighting that amounts for state, local and tribal grants would not reach 2012 levels. She also expressed concern about the administration's request to cut the Clean Water State Revolving Fund.
Under the fiscal 2017 plan, EPA would set aside close to $2 billion for the Clean Water and Drinking Water state revolving funds. Of that, the clean water fund, which funds wastewater systems, would get $979.5 million, or three-quarters of what Congress provided in the fiscal 2016 omnibus spending bill.
"While the situation in Flint was unique -- it was created by [a] state's failure to implement protections for its residents -- the issue of aging water infrastructure and lead pipes is pervasive all across this country," McCollum said.
Flint's total cost unknown
In all, the Obama administration has requested $8.267 billion for EPA in fiscal 2017, an increase of $127 million over current enacted levels.
Lowey also expressed concern with the amount of money it may take to address the lingering lead contamination issues in Flint. She said the administration may have to take money from other programs.
McCarthy said she didn't not know how much Flint would end up costing, but said it would be substantial.
"I can't estimate exactly what the costs are," McCarthy said. "We know that we have already identified the need for millions of dollars of our current budget to be allocated there."
McCarthy agreed with Democrats on the panel who said the nation's water infrastructure needs an update. EPA surveys have found the country requires $384 billion by 2030 to upgrade aging systems.
The administrator also said lead contamination remained a pervasive issue.
"Frankly, we're not moving in the pace that certainly all of us would be comfortable with in terms of getting lead paint out of kids' homes and getting it out of the soil," McCarthy said, "never mind the challenges that we're facing in water."
McCarthy defended the lower amount budgeted for the clean water revolving fund, saying it represented a long-term need to shift funding toward the drinking water revolving fund.
This is the second year in a row that President Obama has asked for more money to go to the tap programs. McCarthy added that the agency was also attempting to leverage private dollars for addressing aging infrastructure.
Rep. Mike Simpson (R-Idaho), who said he was "dismayed" at the "finger-pointing" in the Flint crisis, said there was a need for alternatives and creative means of addressing the infrastructure backlog.
"The way we're going at it now, it's just going to grow," Simpson said. "We're never going to address and get to the end of this backlog of maintenance needs in water, sewer programs. I think the industry and regulators and others need to get together with Congress and look at alternative methods of financing these."
McCarthy said a systematic approach was necessary to address ailing water infrastructure. "We have to stop thinking crisis by crisis," McCarthy said, "and start looking more systemically at these issues."
http://www.eenews.net/greenwire/2016/03/22/stories/1060034432
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How Close are We to a Global Market for Aircraft Emissions?
Mar 22, 2016 | Environmental Defense Fund
By Annie Petsonk
More than 50,000 new large aircraft are expected to take to the skies by 2040 as demand for international aviation skyrockets in emerging markets and beyond.
As a result, emissions from the industry are forecasted to triple or quadruple over the next couple of decades – and none of this pollution is covered by the Paris climate agreement.
While important efforts are underway to boost the efficiency of airplanes and to find more environmentally friendly fuels, they won’t be nearly enough to meet our climate goals. We need a policy proven to drive down emissions: A cap on total emissions from aviation, coupled with a market-based trading system that offers airlines incentives for flying cleaner.
Such an efficient, flexible system could be adopted as early as this year – but it will only happen with real leadership, especially on the part of the United States.
Looming deadline
If international aviation were a country, it would be a top 10 emitter of carbon dioxide, on par with Germany or the United Kingdom. And in the absence of rules covering pollution from flights between countries, climate pollution from airplanes is expected to continue to soar.
Progress in the aviation sector has been a long time coming, however.
Nearly two decades ago, the international aviation industry convinced the United Nations Framework on Climate Change to hand responsibility for its emissions to another United Nations body with a long name, the International Civil Aviation Organization.
As global temperatures continued to rise, ICAO talked about the issue for 15 years until 2013, when Europe enforced a cap on emissions of inbound and outbound flights. Governments finally came to the table in Montreal to launch three years of intensive talks while Europe temporarily stopped the clock on its program.
The organization gave itself a deadline of October 7, 2016, to reach a deal.
The stakes are high
The spotlight is now on ICAO to adopt a deal that caps international aviation’s total emissions at 2020 levels, while giving airlines the option to purchase high-quality emissions units to cover their pollution increases as they retool and adjust to a new and cleaner reality.
The Obama administration knows that the stakes are high. If no deal is reached by early October, the clock will automatically restart on Europe’s emissions cap law, and Congress has enacted legislation to ignite a trade war if that happens.
Airlines: A cap on emissions good for business
As the official negotiations struggle on, some airlines are already moving forward to prepare for the new carbon regime.
A few, such as United Airlines, Virgin Australia and British Airways are testing and expanding the use of smarter flight behavior and new technology that help them reduce pollution in anticipation of the new rules.
Others are experimenting with biofuels, although the verdict is still out on whether biofuel will actually reduce overall emissions or cause pollution to swell as forests are turned into biofuel plantations.
Last September, meanwhile, 28 airlines executives and trade leaders published an open letter in the Financial Times endorsing a market-based solution to the industry’s climate pollution problem. Together they represent more than 90 percent of airline traffic.
Obama agrees: We need a deal
President Obama pledged in 2013 to get an aviation emissions deal through ICAO, and he reiterated his pledge in a joint announcement with Canadian Prime Minister Justin Trudeau earlier this month.
Can the U.S. land a strong market-based solution for international aviation? Climate experts want it, industry wants it, and the planet needs it.
We have just over six months to make this happen and the clock is ticking.
https://www.edf.org/blog/2016/03/22/how-close-are-we-global-market-aircraft-emissions
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