New Source Review stands for now

Byoliveridley

Cinergy, now Duke Energy, was trying to claim that as long as its plants’ hourly emission rate did not increase, they could make unlimited “modifications” to the plants. So, in theory, if capacity got doubled so a plant was operating 24 hours a day from 12, the hourly rate would remain the same, but pollution would double. Well,  isn’t that a “new source” then? Apparently, Cinergy did not think so, and after at least 6 years of wrangling, this thing is going to be decided by the Supreme Court this fall. So, once again, the crack team of Roberts, et al. will decide whether we breathe or not, policy by judicial fiat?

US court hands EPA a win in utility emission case | Reuters.com

A federal court has ruled that a big U.S. utility must install costly pollution-reduction equipment at its aging coal-powered electric plants if it expands them, handing a victory to the U.S. government in a case that could shape an upcoming Supreme Court ruling.

The three-member 7th Circuit Court of Appeals in Chicago on Thursday ruled that Cinergy must install emission curbs at its coal-powered plants in the Midwest if it expands them to prolong their operating lives.

The Environmental Protection Agency had sued the utility to force it to apply for an expansion permit, which would trigger emission-reduction measures.

In a bevy of cases, U.S. utilities are testing how far they can go to expand aging plants without triggering a section of the Clean Air Act known as “New Source Review.”

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  • Obama and Harper, saving a tree

    Byoliveridley

    Canada hopes to achieve a North American climate-change deal with U.S. president-elect Barack Obama and will begin working on the file within weeks, Foreign Affairs Minister Lawrence Cannon said Wednesday.Meantime, officials told The Canadian Press the Harper government has been waiting for the departure of President George W. Bush to work with his successor on an integrated carbon market.While states and provinces have been cobbling together a patchwork of approaches, federal officials said they have been eyeing a continent-wide solution for some time.

    globeandmail.com: Canada to seek climate deal with Obama

    Interesting and potentially promising news. I have thought for a while that Canada would have no choice but to start some kind of emissions cap/trade or carbon tax, given the way the wind was blowing down south. Harper, for all his reliance on Alberta’s oil votes, realises that with or without his say, the country’s leading trading partner is going to impose a carbon tax (a cap and trade is a price on carbon, or a tax, semantics aside) on Canadian-US trade.

    It is also interesting that this statement came out right after Obama’s election, and the foreign minister went out of his way to say that they were waiting for Bush to get out of the way. Nice cozying up, Harper, making up for all your stupid previous statements about Obama. But do not worry, this new emperor is more gracious than the previous one!

    We are going to be living in interesting times, good ones, finally.

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    California Ban on Diacetyl?

    Byoliveridley

    Flavoring-Factory Illnesses Raise Inquiries – New York Times

    For a good background on flavoring-factory lung disease (formerly known as popcorn worker’s lung), check out the Pump Handle’s many posts, especially this recent one. Short primer, diacetyl is the chemical that gives popcorn its so called buttery taste (and smell, it’s fake!!). Well, there’s pretty good evidence that diacetyl causes bronchiolitis obliterans. Some symptoms…

    Bronchiolitis obliterans renders its victims unable to exert even a little energy without becoming winded or faint.

    “The airways to the lung have been eaten up,” said Barbara Materna, the chief of the occupational health branch in the California Department of Health Services. “They can’t work anymore, and they can’t walk a short distance without severe shortness of breath.”

    OSHA has been unwilling to seriously regulate diacetyl, so California, as it is wont to do, is considering banning this killer chemical.

    But in California, which has 28 flavoring plants known to use diacetyl, some legislators and government officials seem unwilling to wait. A bill to ban diacetyl in the workplace by 2010 has passed two committees in the State Assembly and could be taken up by the full body this summer. It is the first proposal of its kind in the nation. Assemblywoman Sally Lieber, the author of the bill, said she introduced it because of what she said was the slow response by the flavoring industry, which is largely self-regulating on occupational safety. “What we’ve heard is that the flavoring industry has known for years that this is potentially a problem, and they haven’t taken action,” said Ms. Lieber, a Democrat.

    I am all for California’s regulation. But as written, this law will only protect workers in California. They should also consider going one step further by restricting the use of diacetyl in food sold in California. Only then can the giant market that is California exert its influence on the diacetyl manufacturers and users.

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    On Google map, everythings back to normal after Katrina | Chron.com – Houston Chronicle

    Byoliveridley

    TBTB (Too busy to blog), but this struck me as very weird.

    On Google map, everythings back to normal after Katrina | Chron.com – Houston Chronicle

    Google’s popular map portal has replaced post-Hurricane Katrina satellite imagery with pictures taken before the storm, leaving locals feeling like they’re in a time loop and even fueling suspicions of a conspiracy.

    Scroll across the city and the Mississippi Gulf Coast, and everything is back to normal: Marinas are filled with boats, bridges are intact and parks are filled with healthy trees.

    “Come on,” said an incredulous Ruston Henry, president of the economic development association in New Orleans’ devastated Lower 9th Ward. “Just put in big bold this: ‘Google, don’t pull the wool over the world’s eyes. Let the truth shine.’ “

    I am sure there is the usual, non-conspiracy involving explanation to all of this, and I don’t know enough about NO geography to even verify this fact, but an explanation would be nice!

    Update:

    Turns out there was a major upgrade of the imagery on the 29th of March. Still does not explain the above…

  • BC and Carbon

    Byoliveridley

    As BC’s Carbon Tax enters the terrible twos, and is the subject of stupid headlines in the CBC trumpeting a 1.5c/L increase in gasoline price (smaller than the price difference between a pump in the Saanich Peninsula and outside), it is worthwhile to see what the rest of the province’s carbon strategy is, or isn’t doing.

    Metro – B.C. looks to carbon capture to balance clean-air targets with energy revenues

    Economic realities and environmental promises are creating an explosive mixture for the recession-fighting B.C. government as it juggles expansion in its oil and gas industry with the need to cut greenhouse gases.

    Massive untapped gas fields in northeastern British Columbia hold billions in potential revenues, but environmentalists are watching to see if Premier Gordon Campbell will stick to his promise to fight global warming by cutting emissions by one-third by 2020.

    This is one of the issues with relying solely on a carbon tax to reduce GHG emissions, it is inadequate. A carbon tax is a consumption tax levied at the point of sale, not at the point of production. The BC government has gotten a lot of positive press for the carbon tax, but it is reliant on natural gas and oil to bring in some revenue. After all, the lumber industry is dying with the US housing bust, and something needs to get the province out of deficit as the BC government will not countenance any tax increases whatsoever.

    The weakness of the province’s carbon plan is best typified by quotes from a couple of fossil fuel executives/government officials:

    “The question is, if I were to make this big investment, who’s going to pay me to do that so I can generate a return for my shareholders? Weilinger asks.

    Horne agrees there is no business case for oil and gas companies to justify carbon capture projects to shareholders, but says industry needs to support greenhouse gas reductions.

    The notion that industry will somehow support reductions is hilariously disingenuous. Carbon capture and storage is an untested and expensive technology even when it comes to sources where all the CO2 comes out of one tailpipe, like a power plant. The notion that it can be used in an activity as widespread and diffuse as oil/gas drilling is laughable. The best way for these companies can be forced to make their mining more GHG emission friendly is to price their actions according to their GHG production footprint, something a differently designed carbon price would do.

    BC’s carbon tax, in my book, was a shrewdly designed political maneuver to undercut traditional environmentalist support for the opposition NDP, which very “smartly” took the bait and campaigned against it in a recent election earning howls of disgust from the mainstream environmental movement.

    When it actually comes to cleaning up and taking actions that will actually reduce the province’s GHG footprint, the government is found wanting, as expected.

  • EPA Calls for End to Releases of Chemical in Teflon Process

    Byoliveridley

    Check out this story from the January 26, 2006 LA Times.

    In a rare move to phase out a widely used industrial compound, the Environmental Protection Agency announced Wednesday that it was asking all U.S. companies to virtually eliminate public exposure to a toxic chemical used to make Teflon cookware and thousands of other products.

    EPA’s system of regulating chemicals leads to some really perverse incentives. The burden of proof shifts to the EPA to prove beyond reasonable doubt that a chemical has definite harmful effects on humans at ambient exposure levels. So the preferred route has been for the EPA to “suggest” to the companies to participate in a voluntary phaseout.

    No one knows how the chemical is getting into people’s bloodstreams and in the bodies of polar bears and other animals. Although it is used in production of cookware, it is not found in the cookware, clothing and other fluoropolymers after manufacture.

    Well, not quite. This from a paper published in the Environmental Science and Technology on January the 25th.

    Polyfluorinated telomer alcohols and sulfonamides are classes of compounds recently identified as precursor molecules to the perfluorinated acids detected in the environment. Despite the detection and quantification of these volatile compounds in the atmosphere, their sources remain unknown. Both classes of compounds are used in the synthesis of various fluorosurfactants and incorporated in polymeric materials used extensively in the carpet, textile, and paper industries. This study has identified the presence of residual unbound fluoro telomer alcohols (FTOHs) in varying chain lengths (C6-C14) in several commercially available and industrially applied polymeric and surfactant materials…

    This study suggests that elimination or reduction of these residual alcohols from all marketed fluorinated polymers and fluorosurfactants is key in reducing the prevalence of perfluorinated acids formed in the environment.

    Well, that explains it a little better, this article from ES&T provides a nice executive summary like context.

    An emerging theory that explains how PFOA (perfluorooctanoic acid) and other PFCAs (perfluorocarboxylic acids) have contaminated the Arctic has received a boost from a new modeling study published in this issue of ES&T (pp 924–930). The theory contends that Arctic contamination is due to atmospheric transport and breakdown of fluorotelomer alcohols, chemicals that are used in products that include stain protectors, microwave-popcorn bags, fast-food wrappers, polishes, and paints.

    Well, it sure looks like we need to focus much more on the PFOA precursors rather than on the PFOA itself. Dupont and 3M are not going to be happy about that!