EPA Refines Pollution Rules

October 30, 2014
The Nicholas Institute for Environmental Policy Solutions at Duke University

The Nicholas Institute for Environmental Policy Solutions at Duke University

Last week the U.S. Environmental Protection Agency (EPA) was told by a federal appeals court that it could move forward with implementing a program to curb air pollution that crosses state lines. The Cross State Air Pollution Rule (CASPR) would require 28 states to reduce emissions of nitrogen oxides and sulfur dioxide by power plants. The rule establishes a two-step process: 1) The EPA determines if a state contributes more than 1 percent of the pollution causing a downwind state to exceed emissions standards to 2) The EPA using modeling analysis to determine state emissions targets (subscription). CASPR’s first phase would be implemented next year, with the final phase beginning in 2017.

Days later, the agency announced it’s making additional data available to elicit further comments on another controversial rule. In its Notice of Data Availability (NODA), the EPA points to areas of “concern” raised by stakeholders during the public comment period for its proposed Clean Power Plan, which aims to reduce carbon dioxide pollution from existing power plants. EPA Assistant Administrator Janet McCabe indicated that the agency hopes to get additional comments before the public comment period ends Dec. 1— specifically comments related to the trajectory of emissions reductions from 2020 to 2029, the way building blocks are established and the way in which state goals are calculated.

“We wanted to address issues where the feedback we were getting went beyond what we laid out in the preamble [of the Clean Power Plan],” she said.

Utility Dive and Bloomberg BNA break down stakeholder concerns in detail and describe how the EPA is looking to address them.

Along with the NODA, the EPA announced a supplemental proposal to reduce carbon pollution on tribal lands and territories housing fossil-fuel fired power plants. Like the Clean Power Plan does for states, the proposal sets area-specific goals for Indian country and territories and provides options for meeting those goals. The proposal, which relies on and builds upon measures outlined in the Clean Power Plan, would affect coal-fired power plants on lands belonging to three tribes—the Navajo Nation, the Ute Tribe of the Uintah and Ouray Reservation and the Fort Mojave Tribe—as well as plants in Puerto Rico and Guam.

EU Makes Climate Promise Ahead of U.N. Negotiations

Fresh off talks in Bonn, Germany, that were meant to make progress on identifying the information that countries will have to provide next year when making individual pledges for curbing greenhouse gas emissions, European Union leaders have announced a new emissions deal. It will cut greenhouse gas emissions 40 percent by 2030, compared with 1990 levels, and will increase energy efficiency and renewables by 27 percent. A “flexibility clause” was added to the final text to ensure that the EU can return to the targets after the U.N. summit in December 2015.

The deal sends a signal to the rest of the world to take action on a climate treaty at the upcoming Conference of the Parties in Paris. The EU is responsible for about one-sixth of the world’s greenhouse gas emissions.

Rising greenhouse gases are increasing the likelihood of “severe, pervasive and irreversible” impacts for people and ecosystems, according to a draft of the Intergovernmental Panel on Climate Change (IPCC) Synthesis Report. Due for approval and release Nov. 2, the report provides a summary of three other IPCC publications issued over the course of the last year. It is expected serve as a road map for upcoming U.N. negotiations.

According to a leaked draft of the report obtained by ClimateWire, to avoid a global temperature rise of 2 degrees Celsius above preindustrial levels, net global emissions must decrease 40–70 percent by 2050 and hit zero by the end of the century.

Study: 2010 BP Spill Left ‘Significant Quantities’ of Oil on Gulf Floor

Oil remnants from BP’s 2010 Deepwater Horizon spill have formed rings—roughly the size of Rhode Island—near the site of the blown-out well, according to a new study in the journal Proceedings of the National Academy of Sciences. The study suggests that “significant quantities” of crude are present near the site of the Macondo well.

“We don’t know with certainty how the oil reached the bottom,” said David Valentine, lead author and professor at the University of California-Santa Barbara. “We do provide hypotheses, that a combination of coagulation and bacterial growth drove the oil into a floc form and facilitated particles or droplets sinking to the seafloor. Some of the oil was certainly eaten by bacteria, and other components dissolved into the water.”

BP criticized the research, saying authors “failed to identify the source of the oil, leading them to grossly overstate the amount of residual Macondo oil on the sea floor and the geographic area in which it is found.”

During the study, researchers collected more than 3,000 samples, analyzing them for a hydrocarbon found in oil called hopane. What they traced represented 4–31 percent of the oil thought to be trapped deep in the ocean (as much as 16 percent of the total oil spilled).

The Climate Post offers a rundown of the week in climate and energy news. It is produced each Thursday by Duke University’s Nicholas Institute for Environmental Policy Solutions.


U.S., Military to Plan More Strategically for Climate Change

October 16, 2014
The Nicholas Institute for Environmental Policy Solutions at Duke University

The Nicholas Institute for Environmental Policy Solutions at Duke University

Climate change is a “threat multiplier” and worse than many of the challenges the U.S. military is already grappling with, according to a new report by the U.S. Department of Defense (DoD). The New York Times indicated that the report marks a departure from the DoD’s previous focus on preparing bases to adapt to climate change. The DoD now calls on the military to incorporate climate change plans in its strategic thinking and budgeting.

“Among the future trends that will impact our national security is climate change,” said Defense Secretary Chuck Hagel. “Rising global temperatures, changing precipitation patterns, climbing sea levels, and more extreme weather events will intensify the challenges of global instability, hunger, poverty, and conflict. They will likely lead to food and water shortages, pandemic disease, disputes over refugees and resources, and destruction by natural disasters in regions across the globe.”

Climate change will now be factored into several day-to-day decisions, including those about training exercises, purchasing decisions and assessment of the risk of infectious disease. The report points to inclusion of floods or storms in war game scenarios, testing of new equipment to adapt to warmer ocean conditions and preparedness for an increasing number of natural disasters.

“Politics or ideology must not get in the way of sound planning,” the report’s introduction stated. “Our armed forces must prepare for a future with a wide spectrum of possible threats.”

At a lecture at Yale University earlier this week, U.S. Climate Envoy Todd Stern discussed the country’s climate vision and the potential for a global climate pact touting flexible standards, financial assistance for developing countries and an accountability system at the 2015 U.N. Summit.

“The usual brinkmanship of holding cards until the eleventh hour is a bad bet because too much is riding on this negotiation,” Stern said. “We can’t afford to miss the opportunity to establish an ambitious, workable, new international climate order.”

According to a new fact sheet from the Environmental and Energy Institute, Americans, generally, agree that climate change is happening. The finding is based on polls from a variety of sources from 2013 to 2014.

Lower Oil Prices Have Multiple Effects

Amid reports of falling oil prices, the International Energy Information Administration (EIA) lowered its oil demand forecast to 93.5 million (bpd). The change, it said, was supported by near-four-year low prices.

Downward prices have been a boon to consumers at the pump, but as one economist tells Reuters, they are a two-edged sword. “Initially, (a lower oil price) will provide a boost to an economy that already has some momentum,” said Diane Swonk, chief economist at Mesirow Financial. “It’s like a tax cut. The problem is that it will come back to haunt us in 2015.”

The American energy boom combined with a sluggish global economy have led to a crude oil price correction with global impacts—nuancing debate about the need for major pipeline projects, potentially helping refiners and threatening to hit energy exporters like Russia and Iran harder than the recent U.S. economic sanctions.

UCS: EPA Clean Power Plan Could Use Tweaks

Some details in the U.S. Environmental Protection Agency (EPA) rules for regulating carbon dioxide from existing power plants—the Clean Power Plan—could be fine-tuned, a new report from the Union of Concerned Scientists (UCS) states. The group’s proposed approach for setting state targets would result in renewable energy supplying 23 percent versus the Clean Power Plan’s 12 percent of U.S. electricity by 2030.

UCS argues that the EPA’s current proposal doesn’t capture the rate at which renewables have been deployed across the country.

“Our renewable target is a percentage of electricity sales in the state that can either be met by having in-state generation or purchasing renewables from another state,” said UCS President Ken Kimmell.

The Climate Post offers a rundown of the week in climate and energy news. It is produced each Thursday by Duke University’s Nicholas Institute for Environmental Policy Solutions.


Studies Link Climate Change to Recent Extreme Weather Events

October 2, 2014
The Nicholas Institute for Environmental Policy Solutions at Duke University

The Nicholas Institute for Environmental Policy Solutions at Duke University

New research in the Bulletin of the American Meteorological Society finds that climate change influenced the majority of 16 extreme weather events in 2013. Specifically, it found evidence that climate change linked to human causes—particularly burning of fossil fuels—increased the odds of nine extreme events: amplifying temperature in China, Japan, Korea, Australia and Europe; intense rain in parts of the United States and India and severe droughts in New Zealand and California.

“It is not ever a single factor that is responsible for the extremes that we see; in many cases, there are multiple factors,” said Tom Karl, director of National Oceanic and Atmospheric Administration’s (NOAA’s) National Climatic Data Center, of the third NOAA-led annual report to make connections between human-caused climate change and individual extreme weather events.

Twenty groups of scientists conducted independent peer-reviewed studies on the same 16 extreme events occurring on four continents to arrive at their conclusions.

“There is great scientific value in having multiple studies analyze the same extreme event to determine the underlying factors that may have influenced it,” said Stephanie C. Herring of NOAA’s National Climatic Data Center and lead report editor. “Results from this report not only add to our body of knowledge about what drives extreme events, but what the odds are of these events happening again—and to what severity.”

Although the report concludes that the long durations of heat waves “are becoming increasingly likely” due to human-caused climate change, the effects of such change on other types of extremes—California’s drought and extreme rain in Colorado—are less clear.

“Temperature is much more continuous as opposed to precipitation, which is an on/off event,” said Karl. “If you have an on/off event, it makes the tools we have a little more difficult to use.”

Although the NOAA study reached mixed conclusions about the ongoing California drought’s connection to climate change, new research out of Stanford University is a bit more confident. The Stanford study found it is “very likely” that atmospheric conditions associated with the unprecedented drought in the state are linked to human-caused climate change.

“Our research finds that extreme atmospheric high pressure in this region—which is strongly linked to unusually low precipitation in California—is much more likely to occur today than prior to the human emission of greenhouse gases that began during the Industrial Revolution in the 1800s,” said Noah Diffenbaugh, a Stanford climate scientist.

According to the study, these high pressure ridges—currently parked over the Pacific Ocean—are now three times more likely to occur, and as long as high levels of greenhouse gases remain severe, drought will become more frequent.

Emissions from Industrial Facilities Rose Last Year

Reported greenhouse gas emissions from large industrial facilities were 0.6 percent—or roughly 20 million metric tons—higher in 2013 than in the year previous, according to new data from the U.S. Environmental Protection Agency (EPA), which linked the rise to greater coal use for power generation. A large majority of the increase, 13 million metric tons, was from the power sector alone—though overall emissions from power plants are down 9.8 percent since 2010. Reported emissions from the oil and natural gas sector declined 12 percent from 2011 levels, according to the report.

The news comes on the heels of an extension of the public comment period on EPA’s proposed Clean Power Plan, which aims to reduce greenhouse gas emissions from existing power plants, and of new comments by EPA Administrator Gina McCarthy concerning the proposal.

There will be “changes between proposal and final,” said McCarthy. “You may see adjustments in the state levels. You may see adjustments in the framework,” McCarthy noted, referring to the emissions reduction targets the EPA proposed for each state and to the formula used to calculate those targets. The changes could also include updates to the values for nuclear power and natural gas generation.

IEA Says Solar Could Become Dominate Energy Source by 2050

Solar could surpass fossil fuels as the largest source of electricity by mid-century, according to reports issued by the International Energy Agency (IEA). The reports suggests that together solar photovoltaic systems (PV) and concentrating solar power (CSP) could provide 27 percent of the world’s energy by 2050; fossil fuels would account for somewhere between 12 percent and 20 percent.

“The rapid cost decrease of photovoltaic modules and systems in the last few years has opened new perspectives for using solar energy as a major source of electricity in the coming years and decades,” said IEA Executive Director Maria van der Hoeven. “However, both technologies are very capital intensive: almost all expenditures are made upfront. Lowering the cost of capital is thus of primary importance for achieving the vision in these roadmaps.”

By 2050, the IEA said, PV will surge from today’s 150 gigawatts of installed capacity to 4,600 gigawatts, while CSP will increase from 4 gigawatts to 1,000 gigawatts (subscription). These projections are based on the IEA’s expectations that China and the United States will remain top installers for the foreseeable future and that PV will dominate up until 2030.

The Climate Post offers a rundown of the week in climate and energy news. It is produced each Thursday by Duke University’s Nicholas Institute for Environmental Policy Solutions.


The Cost of Fixing Climate Change

September 18, 2014
The Nicholas Institute for Environmental Policy Solutions at Duke University

The Nicholas Institute for Environmental Policy Solutions at Duke University

Reducing greenhouse gas emissions could boost the economy rather than slow it, according to a new study by the Global Commission on the Economy and Climate. Better Growth, Better Climate: The New Climate Economy Report finds that roughly $90 trillion will be spent in the next 15 years on new infrastructure around the world. Adopting rules that redirect that investment toward low-emissions options—more efficient use of resources and the building of connected and compact urban cities driven by public transportation—could make economic sense.

“A central insight of this report is that many of the policy and institutional reforms needed to revitalise growth and improve well-being over the next 15 years can also help reduce climate risk,” the report authors said. “In most economies, there are a range of market, government and policy failures that can be corrected, as well as new technologies, business models and other options that countries at various stages of development can use to improve economic performance and climate outcomes together.”

Taking action on climate change, the report authors said, is affordable.

“Of the $6 trillion we will spend a year on infrastructure, only a small amount—around $270 billion per year—is needed to accelerate the shift to a low-carbon economy, through clean energy, public transport systems and smarter land use,” said Felipe Calderon, chairman of the Global Commission on the Economy and Climate. “And this additional investment could be entirely offset by operating savings, particularly through reduced fuel expenditures”

Studies Assess Impacts of Hydraulic Fracturing

A new study in the journal Proceedings of the National Academy of Sciences links water contamination from shale gas extraction in parts of Pennsylvania and Texas to well integrity rather than the hydraulic fracturing process. The research, which looked at 133 water wells with high levels of methane, found that the contamination was either naturally occurring or linked to faulty well construction by drillers.

“These results appear to rule out the possibility that methane has migrated up into drinking water aquifers because of horizontal drilling or hydraulic fracturing, as some people feared,” said Avner Vengosh, study co-author and professor of geochemistry and water quality at Duke University. Researchers pointed, instead, to the cement used to seal the outside of vertical wells and the steel tubing used to line them as culprits.

“In all cases, it [the study] basically showed well integrity was the problem,” said Thomas H. Darrah, co-author and Ohio State University researcher. “The good news is, improvements in well integrity can probably eliminate most of the environmental problems with gas leaks.”

Another study on hydraulic fracturing in the Bulletin of Seismological Society of Americafound a connection between deep injections of wastewater from a coal-bed methane field and an increase in earthquakes in Colorado and New Mexico since 2001. The report, which focuses on the Raton Basin, suggested that the area had been “seismically quiet”—experiencing only one earthquake of greater than 3.8 magnitude—until shortly after major fluid injections began in 1999. Since 2001, the area has recorded 16 such events.

EPA Extends Comment Period for Power Plants

On Tuesday, the U.S. Environmental Protection Agency (EPA) extended the public comment period for its proposed rule for regulating carbon dioxide emissions from existing power plants by 45 days—to Dec. 1.

Janet McCabe, the EPA’s acting assistant administrator for the Office of Air and Radiation, said the extension is due to stakeholders’ great interest.

“While we’ve heard quite a bit so far, we know that there are many individuals and groups continuing to work to formulate their input,” she said. “We want the best rule possible, and we want to give people every opportunity to give their ideas and contributions.”

The delay, McCabe told reporters, would not affect the timeline for finalizing the rule by June 2015.

The same week, a government watchdog agency—the Government Accountability Office (GAO)—released a report suggesting coal plant retirements may be higher than previously thought. It predicted 13 percent of coal-fired generation would come offline by 2025—compared with its 2012 estimate of 2 percent to 12 percent.

The report suggested that existing regulations such as the EPA’s Mercury and Air Toxics Standard and recently proposed regulations to reduce carbon dioxide emissions from existing generating units were contributors to the retirements. Low natural gas prices, increasing coal prices and low expected growth in demand for electricity were also cited as contributors.

The Climate Post offers a rundown of the week in climate and energy news. It is produced each Thursday by Duke University’s Nicholas Institute for Environmental Policy Solutions.


U.N. Report: Carbon Dioxide Levels at Record Highs

September 11, 2014
The Nicholas Institute for Environmental Policy Solutions at Duke University

The Nicholas Institute for Environmental Policy Solutions at Duke University

The concentration and the rate of carbon dioxide (CO2) levels in the atmosphere are spiking, according to new analysis from the World Meteorological Organization (WMO). Scientists believe the record levels are not only the result of emissions but also of plants and oceans’ inability to absorb the excess amounts of CO2.

“We know without any doubt that our climate is changing and our weather is becoming more extreme due to human activities such as the burning of fossil fuels,” said WMO Secretary-General Michel Jarraud. “Carbon dioxide remains in the atmosphere for many hundreds of years and in the ocean for even longer. Past, present and future CO2 emissions will have a cumulative impact on both global warming and ocean acidification.”

The WMO study found that CO2 concentrations increased more during 2012 and 2013 than during any other year since 1984—and significantly higher than they were before the Industrial Revolution (278 parts per million in 1750 compared with 396 parts per million in 2013). Other greenhouse gases are also on the rise—methane has risen by 253 percent since the Industrial Revolution,   and nitrous oxide has risen to 121 percent of pre-industrial levels.

A report by PricewaterhouseCoopers (PwC) on how countries grow their economy while reducing their greenhouse gas emissions linked to energy concluded that the gap is widening between what the world is achieving and what it needs to do in terms of limiting global temperatures to 3.6 degrees Fahrenheit above preindustrial levels—the target agreed at the United Nations 2009 climate summit. Carbon intensity was reduced, on average, 1.2 percent from 2012 to 2013. The needed annual reduction is 6.2 percent.

The PwC report also found that places like China, Brazil, Russia, Indonesia, Mexico and Turkey are reducing their carbon intensity far better than the world’s rich nations.

“What we found this year is that emerging economies have outperformed the G7 countries because their economies are growing much more rapidly than their emissions,” said Jonathan Grant, PwC director of sustainability and climate change.

BP Gets U.K. Support in Court Filing

The British government, in a court filing, offered support to limit payments by BP to victims of the 2010 Deepwater Horizon oil spill, arguing that court-mandated compensation by a U.S. District Court in 2012 undermined confidence in judicial fairness. BP has spent much of this year working to convince federal courts in New Orleans that the settlement deal allowed millions in payments to go to what it says are undeserving businesses.

In its Sept. 4 filing, the British government said the prospect of payments going to people unaffected by the spill raises “grave international comity concerns.”

“The lower courts’ rulings have dramatically expanded [BP’s] scope of liability far beyond anything that would seem to be appropriate under our shared common-law traditions or that anyone would reasonably expect,” the British government wrote in an Amicus Curiae.

The brief comes on the heels of another more recent court ruling that found the company “grossly negligent” in the explosion that killed 11 men and allowed millions of barrels of oil to flow out of the Macondo oil well into the Gulf of Mexico. The ruling opened the door to new civil penalties that could amount to as much as $18 billion and that could pressure the company to sell assets from the Americas to Asia and Russia.

Regulating Emissions from the Airline Industry

As it did to implement a tailpipe rule that sets greenhouse gas emissions standards for cars and light trucks, the U.S. Environmental Protection Agency (EPA) could use an endangerment finding to regulate emissions from the airline industry.

The EPA announced plans to release an endangerment finding proposal in April 2015 that looks at whether emissions from airlines endanger public health or welfare.

“If a positive endangerment and cause or contribute findings are made, U.S./EPA is obligated under the Clean Air Act to set [greenhouse gas] emission standards for aircrafts,” the EPA said. A process to finalize such a finding could take up to year.

The announcement comes as the electricity industry faces proposed regulations that would cut carbon dioxide emissions 30 percent below 2005 levels, a move that governors of 15 states recently wrote “exceeds the scope of federal law” in a letter to President Obama.

The Climate Post offers a rundown of the week in climate and energy news. It is produced each Thursday by Duke University’s Nicholas Institute for Environmental Policy Solutions.


Report, Initiatives Aim to Take Action on Climate Change

July 31, 2014
The Nicholas Institute for Environmental Policy Solutions at Duke University

The Nicholas Institute for Environmental Policy Solutions at Duke University

Editor’s Note: While Tim Profeta is on vacation, Jeremy Tarr, policy associate in the Climate and Energy Program at Duke’s Nicholas Institute for Environmental Policy Solutions, will author The Climate Post. Tim will post again August 28.

The Climate Post will also take a break from circulation August 7 and will return August 14.

A new report from the White House Council of Economic Advisers finds that for each decade of delay, policy actions on climate change increase total mitigation costs by approximately 40 percent. The cost of inaction—letting the temperature rise 3 degrees Celsius above preindustrial levels instead of 2 degrees— could increase economic damages by about 0.9 percent of global output.

“To put this percentage in perspective, 0.9 percent of estimated 2014 U.S. Gross Domestic Product (GDP) is approximately $150 billion,” according to the report. “Moreover, these costs are not one-time, but are rather incurred year after year because of the permanent damage caused by increased climate change resulting from the delay.”

The report is the first of several announcements by the Obama administration on climate change. On Tuesday, the U.S. Department of Energy announced initiatives to curb methane emissions, which accounted for about 9 percent of the country’s greenhouse gas pollution in 2012. The Energy Department recommended incentives for modernizing natural gas infrastructure, and it plans to establish efficiency standards for natural gas compressors as well as improve advanced natural gas system manufacturing.

The same day, several companies and nongovernment groups committed to support a new Food Resilience theme in the president’s Climate Data Initiative. The initiative leverages data and technology to help businesses and communities better withstand the effects of climate change. Companies like Microsoft are helping to organize data sets and tools in the cloud that will enable the assessment of vulnerable points in the food system, such as the effects of climate change on our food system and the reliability of food transportation and safety.

Hearings Fuel Debate on Clean Power Plan

During public hearings in Denver, Atlanta, Pittsburgh and Washington, D.C., the U.S. Environmental Protection Agency (EPA) heard testimony from the public on its proposed Clean Power Plan, which would limit greenhouse gas emissions from existing power plants.

In Washington, D.C., many utilities and industry groups were critical of the plan’s climate benefits and called on the EPA to conduct further economic analysis before issuing its final rule in June 2015. In Atlanta, others said the plan did not account for steps they’ve already taken to reduce emissions.

“This rule is flawed,” said Mississippi utility regulator Brandon Presley (subscription). “States like Mississippi, who have fought to pull themselves up and get a program to help customers reduce energy costs and reduce energy consumption, kind of get slapped away from the table.”

In their testimony, many environmental groups sought greater emissions reductions from the power sector as well as increases in renewable energy generation and programs that reduce electricity demand. Some members of the public, like retired coal miner Stan Sturgill of Kentucky, agreed with these groups’ request for tougher restrictions.

“Your targets to reduce carbon dioxide pollution by 2030 are way too low and do not do enough to reduce our risk of climate change,” said Sturgill, who suffers from black lung and other respiratory ailments. “The rule does not do near enough to protect the health of the front line communities from the consequences of this pollution. We’re dying, literally dying, for you to help us.”

The EPA is asking states to meet carbon emissions targets that would result in a 30 percent reduction in power sector carbon dioxide emissions from 2005 levels by 2030. States are given flexibility in how they achieve the targets.

Representatives from 13 western states met last week to discuss the EPA’s proposal and to begin considering the advantages of working together in response to the rule.

“We’re in the process of determining what makes sense for us, including working with other states in a regional market,” said Camille St. Onge, spokeswomen for Washington’s Department of Ecology.

United States Imposes Energy-Related Trade Constraints

The U.S. Commerce Department placed proposed new import penalties on solar products from China and Taiwan. These penalties come on top of anti-subsidy tariffs imposed on some panels from China last month.

The new proposed penalties, still to be confirmed, aim to curb the sale of low-cost solar panels and cells, a practice known as dumping, from other countries in the U.S. market. If confirmed, they would impose duties as high as 165 percent on some solar companies in China and 44 percent on those in Taiwan. The Commerce Department has issued only preliminary findings, but final rulings are expected from the Commerce Department later this year.

The move has China’s Commerce Ministry saying Washington’s actions risk damaging the solar industry in both countries.

“The frequent adoption of trade remedies cannot resolve the United States’ solar industry development problems,” an unnamed Chinese official told Reuters.

In the United States, reactions to the news were mixed.

“Today’s actions should help the U.S. solar manufacturing industry to expand and innovate,” said SolarWorld Industries America President Mukesh Dulani. “We should not have to compete with dumped imports or the Chinese government.”

But Rhone Resch, CEO of the U.S.-based Solar Energy Industries Association, condemned the decision, saying the answer lies in a negotiated solution.

Chinese companies supplied 31 percent of the solar modules installed in the United States in 2013 and more than 50 percent in the distributed solar market.

On Tuesday, the United States and the European Union issued new economic sanctions on Russia, citing the country’s involvement in the Ukraine crisis. The sanctions ban the export of energy-related technology for use in Russian oil production from deepwater, Arctic offshore and shale oil production rock reserves. However, exports of technology for gas projects to the country, which holds the world’s largest combined oil and gas reserves, will continue.

The Climate Post offers a rundown of the week in climate and energy news. It is produced each Thursday by Duke University’s Nicholas Institute for Environmental Policy Solutions.


Rule for Regulating Existing Power Plants under Fire

July 24, 2014
The Nicholas Institute for Environmental Policy Solutions at Duke University

The Nicholas Institute for Environmental Policy Solutions at Duke University

U.S. Environmental Protection Agency (EPA) Administrator Gina McCarthy testified before the Senate Environment and Public Works Committee during a hearing on “EPA’s Proposed Carbon Pollution Standards for Existing Power Plants.” Debate about the proposed rule to regulate carbon emissions from existing power plants has swirled since the rule’s release last month. Coal-heavy states and others have criticized both the substance of the rule and the EPA’s authority to issue it.

Throughout the hearing McCarthy faced questions about whether the agency had stretched the parameters of the Clean Air Act. The proposed rule uses an infrequently exercised provision of the act to set state-specific emissions targets and provide states a wide range of flexibility when choosing how to meet those targets.

“EPA goes beyond the plain reading of the Clean Air Act Section 111 [by] directing states to achieve questionable emission reduction targets from a limited menu of economically damaging and legally questionable ‘options,’” said Senator David Vitter of Louisiana.

Defending the Clean Power Plan on Wednesday, McCarthy insisted the EPA followed proper legal procedure in conducting its analysis. She also dismissed suggestions that the rule was designed “miraculously” months ago and that the EPA has had it in its back pocket since then. She further stressed the flexibility of the rule.

“The proposal is designed to be moderate in its ask,” she told senators. “We will get significantly more benefit than we are requiring.”

She noted “The science is clear. The risks are clear. And the high costs of climate inaction are clear. We must act.”

A new paper by Duke University’s Nicholas Institute for Environmental Policy Solutions aims to address one question not answered in this debate: What will EPA’s rules mean for policy choices aimed at securing future mitigation goals? The analysis explores the long-term consequences of several key regulatory design choices, including mass-based versus rate-based standards, tradable versus non-tradable standards and separate standards for coal and natural gas power plants (differentiated standards) versus a single standard for all fossil plants. It finds that consequences may be significant. Differentiated standards lead to relatively greater investment in coal retrofits and non-tradable standards lead to relatively greater retirement of coal capacity—all of which could create different costs for securing deeper greenhouse gas reductions in the future. How the EPA’s proposed rule for existing power plants is viewed—as a final or interim solution—could also affect tradeoffs associated with key policy choices.

NOAA: Global Temperatures Rising

Global average temperatures surpassed previous records by 1.3 degrees Fahrenheit last month—making it the hottest June on record according to new National Oceanic and Atmospheric Administration (NOAA) data. It’s the second straight month the world set a warm-temperature record. In May, Earth’s temperature was 1.33 degrees above the 20th century average.

Warmer oceans made the difference—they were 1.15 degrees Fahrenheit hotter. Every month of 2014 except February has ranked among the four warmest on record for that respective month.

The finding piggybacks on another report co-authored by NOAA and published by the Bulletin of the American Meteorological SocietyState of the Climate in 2013—which provides a detailed update on notable weather events, global climate indicators and environmental monitoring station data.

“These findings reinforce what scientists for decades have observed: that our planet is becoming a warmer place,” said NOAA Administrator Kathryn Sullivan. “This report provides the foundational information we need to develop tools and services for communities, business, and nations to prepare for, and build resilience to, the impacts of climate change.”

The global average temperature, which is a broad baseline used to measure the climate, was about 0.4 degrees Fahrenheit above average according to four of the most commonly used datasets. Among the report’s other findings: all major greenhouse gas emissions increased to new records, sea surface temperatures were among the 10 warmest on record and sea level continued to rise by about an eighth of an inch each year.

Department of Interior Plan, Warming Waters Expand Oil Exploration

The Obama administration approved a plan that next year allows energy companies to apply for permits for underwater oil exploration on the Atlantic Coast, from Delaware to Florida.

The final plan, compiled by the Interior Department’s Bureau of Ocean Energy Management (BOEM), requires oil and gas search methods—including seismic air gun testing—to pass several safeguards to mitigate risks to marine life.

“After thoroughly reviewing the analysis, coordinating with Federal agencies and considering extensive public input, the bureau has identified a path forward that addresses the need to update the nearly four-decade-old data in the region while protecting marine life and cultural sites,” said BOEM Acting Director Walter Cruickshank. “The bureau’s decision reflects a carefully analyzed and balanced approach that will allow us to increase our understanding of potential offshore resources while protecting the human, marine and coastal environments.”

The plan doesn’t permit actual oil drilling or guarantee that lease sales for drilling in Atlantic waters will be included in the Interior Department’s five-year plan for 2017–2022. Obama intended to open up the Atlantic Coast to drilling in 2010 but reversed course after the BP Deepwater Horizon oil spill in the Gulf of Mexico that April.

Meanwhile, melting ice in the Arctic is making the region’s icy waters more passable—allowing ships to deliver European oil to Asia and fueling South Korea’s hopes of becoming an oil hub.

“We’ve noticed a huge difference in trading routes,” said Erik Hanell, chief executive officer of Stena Bulk AB in Gothenburg, Sweden. “China is importing more and all the countries in the Far East are importing a lot more. South Korea has a very strong geographic position in today’s development of both Arctic oil and China’s growing demand.”

The Climate Post offers a rundown of the week in climate and energy news. It is produced each Thursday by Duke University’s Nicholas Institute for Environmental Policy Solutions.


White House Announces New Climate Change Initiatives

July 17, 2014
The Nicholas Institute for Environmental Policy Solutions at Duke University

The Nicholas Institute for Environmental Policy Solutions at Duke University

The White House on Wednesday announced executive actions to help states and communities build their resilience to more intense storms, high heat, sea level rise, and other effects of climate change. The actions, which involve several federal agencies, were among the recommendations by the president’s State, Local and Tribal Leaders Task Force on Climate Preparedness and Resilience.

“…Climate change poses a direct threat to the infrastructure of America that we need to stay competitive in this 21st century economy,” said President Obama. “We’re going to do more, including new 3D maps to help state, local officials in communities understand which areas and which infrastructure are at risk as a consequence of climate change. We’re going to help communities improve their electric grids, build stronger seawalls and natural barriers, and protect their water supplies. We’re also going to invest in stronger more resilient infrastructure.”

The National Journal runs down the individual efforts by agency, which include a more than $236 million award to fund eight states’ efforts to improve rural electric infrastructure and a new guide by the Centers for Disease Control that will help local public health departments assess their area’s vulnerabilities to health hazards associated with climate change.

States Focus of Work after EPA’s Proposed Power Plant Rule

More than a month after the U.S. Environmental Protection Agency (EPA) announced a proposed rule to reduce carbon dioxide emissions from existing fossil fuel-fired power plants, a new study says states are well positioned to handle the rule’s requirements.

The rule, which uses an infrequently exercised provision of the Clean Air Act to set state-specific reduction targets and devise individual or joint state plans to meet those targets, has garnered some negative reactions. But the study conducted by the Analysis Group sees real benefits. The research examined states that have already taken steps toward reducing power plant emissions and found that if states design programs effectively, electricity rate increases will be modest in the near term, and electric bills will fall in the long term.

“Several states have already put a price on carbon dioxide pollution, and their economies are doing fine,” said Susan Tierney, senior adviser of the Analysis Group. “The bottom line: the economy can handle—and actually benefit from—these rules.”

States that work together to form carbon markets and other collaborative initiatives could experience even greater rewards, according to the Analysis Group.

“Experience shows that states that work together on market-based compliance initiatives—like RGGI [Regional Greenhouse Gas Initiative] in the Northeast—can provide net economic benefits in terms of jobs and economic output,” said study co-author Paul Hibbard. “And RGGI shows that each state can have control over its own program design, so that combined efforts don’t step on states’ rights.”

Earlier this week environmental attorneys and representatives from states, industry, and NGOs gathered to discuss the EPA’s proposed Clean Power Plan—specifically state choices under and the potential impacts of the proposal—at an event hosted by the Environmental Law Institute and Duke University’s Nicholas Institute for Environmental Policy Solutions. Keynote speaker and U.S. EPA Senior Counsel Joseph Goffman highlighted three aspects of the rule: the EPA developed state emission goals based emission reduction strategies already being used by states, the proposal allows each state maximum flexibility to optimize strategies given local considerations, and state flexibility with the timing of implementation allows the coordination of compliance strategies with other dynamics in the energy sector.

Mountaintop Removal Focus of Court Case, Study

The U.S. Court of Appeals for the District of Columbia Circuit has ruled in favor of the EPA’s permitting process for mountaintop mining, a controversial practice to extract coal by way of clear cutting trees and removing mountain tops with explosives. The ruling overturned a decision by a lower court that found the EPA did not have authority to require mountaintop removal coal permits to go through an enhanced review process to crack down on water contamination from mining operations.

In 2009 the EPA and the Army Corps of Engineers adopted the Enhanced Coordination Process, allowing the EPA to screen and review individual mining permits submitted to the Army Corps of Engineers under the Clean Water Act. By 2011, the EPA recommended states impose more stringent conditions for issuing permits under the act—issuing a final guidance document relating to these permits.

“In our view, EPA and the Corps acted within their statutory authority when they adopted the Enhanced Coordination Process,” wrote Judge Brett Kavanaugh (subscription). “And under our precedents, the Final Guidance is not final agency action reviewable by the courts at this time.”

A new study by the U.S. Geological Survey finds that mountaintop removal mining negatively affects downstream fish populations.

Researchers compared samples collected from nearby bodies of water in 2010 and 2011 to samples collected by Penn State University researchers in 1999 and 2001. They found that mountaintop mining creates landscape changes, including changes in water flow that have significant impacts on fish.

“We’re seeing significant reductions in the number of fish species and total abundance of fish downstream from mining operations,” said Nathaniel Hitt, a study co-author.

Solar on the Rise in the U.S.

Solar power is becoming a vital part of the American economy, according to a report from the Interstate Renewable Energy Council (IREC).

“Solar markets are booming in the United States due to falling photovoltaic (PV) prices, strong consumer demand, available financing, renewable portfolio standards (RPSs), and financial incentives from the federal government, states and utilities,” said Larry Sherwood, vice president and COO of the IREC. “Thirty-four percent more PV capacity was installed in 2013 than the year before accounting for 31 percent of all U.S. electric power installations completed in 2013.”

The report, produced annually, highlights major factors affecting the solar market and ranks the top 10 states in several categories.

The Climate Post offers a rundown of the week in climate and energy news. It is produced each Thursday by Duke University’s Nicholas Institute for Environmental Policy Solutions.


Supreme Court Says EPA Can Regulate Greenhouse Gas Emissions

July 3, 2014
The Nicholas Institute for Environmental Policy Solutions at Duke University

The Nicholas Institute for Environmental Policy Solutions at Duke University

In the latest decision on the U.S. Environmental Protection Agency’s (EPA) authority to regulate carbon pollution, the U.S. Supreme Court reaffirmed EPA’s authority to regulate greenhouse gas emissions under the Clean Air Act, but voted 5-4 to limit permitting requirements. The ruling does not directly affect the EPA’s latest proposed rule to reduce greenhouse gas emissions from existing power plants, and generally reaffirmed the EPA’s authority to regulate greenhouse gases under the Clean Air Act.

The court narrowly defined the question to decide in the case, limiting its review to the EPA’s authority to require permits for greenhouse gas emissions from new and modified sources. EPA interpreted the Clean Air Act to require permits for all such sources of greenhouse gas emissions, but initially limited permitting requirements to large sources out of administrative necessity. Justice Antonin Scalia, writing for the majority, concluded that the Clean Air Act does not permit EPA’s interpretation—the EPA cannot opt only to regulate the large sources because it is easier. But Justice Scalia read the Clean Air Act differently from the EPA in a way that arrived at a similar end point. According to the court, greenhouse gas emissions do not trigger permitting requirements, but the EPA can require sources to minimize greenhouse gas pollution when they are required to obtain permits for other pollutants. Because almost all new and modified large sources could trigger permitting requirements via emissions of traditional pollutants, the court’s decision left the EPA largely with what it desired—the authority to forego enforcement against small sources but permit greenhouse gas emissions from large sources.

“It bears mention that EPA is getting almost everything it wanted in this case,” said Scalia. “It sought to regulate sources that it said were responsible for 86 percent of all the greenhouse gases emitted from stationary sources nationwide. Under our holdings, EPA will be able to regulate sources responsible for 83 percent of those emissions.”

The ruling follows another decision this spring that upheld the EPA’s authority to regulate air pollution that crosses state borders.

Satellite to Study Key Greenhouse Gas

On Wednesday the National Aeronautics and Space Administration (NASA) satellite designed to track atmospheric carbon successfully launched. The Orbiting Carbon Observatory-2, twin to the original failed 2009 satellite, will study how oceans, soils and forests absorb carbon dioxide.

“Knowing what parts of Earth are helping to remove carbon from our atmosphere will help us understand whether they can keep doing so in the future,” said Michael Gunson of NASA’s Jet Propulsion Laboratory. “Quantifying these sinks now will help us predict how fast CO2 will build up in the future.”

Carbon dioxide exists in the atmosphere in trace amounts: 400 parts per million. Cars and factories are adding 40 billion tons of the gas per year. The satellite will spend at least two years examining carbon dioxide from 438 miles above the Earth’s surface. According to NASA, the satellite will produce the “most detailed picture to date of natural sources of carbon dioxide.” NASA will use this data to study how these sources and sinks are distributed and change over time.

Methane Leaks, Bans Related to Fracking

A New York Appeals Court voted 5-2 on Monday to uphold bans on hydraulic fracturing, or “fracking,” in two upstate New York towns. The ruling affirmed a lower-court decision that state oil and gas laws do not preempt town ordinances.

“The towns both studied the issue and acted within their home rule powers in determining that gas drilling would permanently alter and adversely affect the deliberately-cultivated, small-town character of their communities,”  the Appeals Court ruling concluded.

The state is still waiting on a health impact review before lifting its own 6-year-old moratorium on fracking.

In Pennsylvania, gas wells—especially newer and unconventional wells—are leaking methane, according to a study in the Proceedings of the National Academy of Sciences. Using data from more than 75,000 state inspections of wells conducted from 2000 to 2012, researchers found newer traditional wells drilled after 2009 had a leak rate of about 2 percent; rising to about 6 percent with unconventional wells. By comparison, older wells drilled before 2009 had a leak rate of about 1 percent.

For Rob Jackson, who has studied methane leakage at Duke University, the basic conclusions hold. “Hydraulically fractured shale wells appear to have more problems than conventional wells,” Jackson said. “If so, it’s probably because the wells are longer, must bend to go horizontal and take more water and pressure than in the past. The combination makes well integrity a challenge.”

Industry officials like Marcellus Shale Coalition Spokesman Travis Windle aren’t in agreement with the study’s findings, calling the conclusions a “clear pattern of playing fast and loose with the facts.”

The Climate Post offers a rundown of the week in climate and energy news. It is produced each Thursday by Duke University’s Nicholas Institute for Environmental Policy Solutions.


Senate Clears Way for Keystone XL Pipeline

June 19, 2014
The Nicholas Institute for Environmental Policy Solutions at Duke University

The Nicholas Institute for Environmental Policy Solutions at Duke University

Editor’s Note: The Climate Post will not circulate next week. It will return July 3.

The U.S. Senate Energy and Natural Resources Committee voted 12 to 10 on a bill Wednesday approving the long-debated Keystone XL oil pipeline. The pipeline, which would transport oil from Canada to the U.S. Gulf Coast, requires presidential approval as it crosses international boundaries. Without a commitment from Senate Majority Leader Harry Reid to bring it to a vote by the full Senate, the bill is likely to languish.

Even so, Forbes deemed the vote “more than symbolic,” saying “It serves to tell the truth about Keystone XL, the need for new pipelines in this country, and for making our future energy security our top priority.”

Others, like Natural Resources Defense Council attorney Anthony Swift, disagreed. “This latest vote on the Keystone XL tar sands pipeline is all about politics and bad policy,” he said. “Locking ourselves into a massive infrastructure to move the dirtiest oil on the planet for the next 50 years would greatly worsen carbon pollution—at a time when we’re facing growing and grievous costs wrought by climate change.”

Another Canadian pipeline did get the official green light—the Northern Gateway project. Just as controversial as Keystone XL, the Northern Gateway pipeline would carry 525,000 barrels of oil a day from Alberta to British Columbia, where it would be loaded on supertankers for shipment to Asia through sensitive waters in the Pacific’s shipping lanes. Before construction can begin on the Northern Gateway pipeline, Enbridge must meet about 100 conditions imposed by the regulator. Inside Climate News focuses on the “eerie” parallels between the debates on each pipeline project.

As the United States Grapples with EPA Rule, Japan Considers Carbon Trading

The U.S. Environmental Protection Agency’s proposed rule to reduce greenhouse gas emissions from existing power plants has made it into the pages of the Federal Register, an event marking the start of a 120-day comment period.

In the weeks since the rule’s release, there has been closer examination of how states can meet emissions standards cost effectively. Some say energy efficiency is the answer. Another potential solution: wind and solar. In an op-ed in The Hill, representatives of the American Wind Association and the Solar Energy Industries Association point to the technologies’ cost decreases and significant carbon reduction benefits. Others like Ed Throop, director for the Sikeston Board of Municipal Utilities, are not so convinced. “The wind doesn’t blow all the time and the sun doesn’t shine all the time,” he said. It’s good, clean energy, but it’s not what you’d call baseload energy. You can’t call on it anytime you need it.”  

Japan has its own strategy for reducing greenhouse gas emissions. According to unnamed government sources, the country may have plans to agree to a carbon deal with India. Japanese companies would install carbon-cutting technology in India and in return receive carbon credits that can be used to offset their country’s emissions under the joint crediting mechanism. So far, Japan has signed agreements with 11 countries to launch the joint crediting mechanism. Several news outlets reported the likelihood of a bilateral agreement in early July during annual talks by Japanese Prime Minister Shinzo Abe and Indian Prime Minister Narendra Modi.

Ocean Sanctuary Would Close Parts of Pacific to Energy Exploration

President Barack Obama on Tuesday announced his intent to expand a U.S. sanctuary in the central Pacific Ocean. Slated to go into effect later this year, the proposal extends protection around the Pacific Remote Islands Marine National Monument to 200 miles and limits fishing and energy development. The White House said it will consider input from lawmakers and fishermen before making any final decisions about the geographic scope of the sanctuary.

In video remarks, Obama said climate change, overfishing and pollution have threatened economic growth opportunities in the ocean.

“We cannot afford to let that happen,” Obama said. “That’s why the United States is leading the fight to protect our oceans. Let’s make sure that years from now we can look our children in the eye and tell them that, yes, we did our part, we took action, and we led the way toward a safer, more stable world.”

Marine reserves, Smithsonian Magazine reports, can mitigate some of these problems by increasing the size and number of marine creatures within its borders and helping species deal with climate change.

The Climate Post offers a rundown of the week in climate and energy news. It is produced each Thursday by Duke University’s Nicholas Institute for Environmental Policy Solutions.