Tougher Rules for Pollution That Crosses State Lines

November 19, 2015
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 Thursday, November 26, in observance of the Thanksgiving holiday.

The U.S. Environmental Protection Agency (EPA) on Tuesday proposed updates to its Cross-State Air Pollution Rule in response to a recent decision by the D.C. Circuit Court. The update now affects 23 states whose nitrogen oxide emissions blow into other states, increasing their ozone levels. No longer subject to the rule are South Carolina and Florida—neither of which contribute significant amounts of smog to other states.

“States should act as good neighbors, and the EPA must act in its backstop role to ensure they do,” said Janet McCabe, acting assistant administrator for EPA’s Office of Air and Radiation. “This rule provides an achievable and cost-effective path to quickly reduce air pollution.”

The proposal calls for states to comply with air quality standards for ozone set by the George W. Bush Administration in 2008. It would reduce summertime emissions of nitrogen oxides using existing, proven and cost-effective control technologies. Along with other measures, The Hill reports, the update could equate to a drop of about 30 percent in nitrogen oxide levels in 2017 compared with 2014.

“This update will help protect the health and lives of millions of Americans by reducing exposure to ozone pollution, which is linked to serious public health effects, including reduced lung function, asthma, emergency room visits and hospital admissions, and early death from respiratory and cardiovascular causes,” said EPA Administrator Gina McCarthy.

COP: Negotiations Will Go Forward

United Nations and French officials have confirmed that the U.N. Climate Change Conference, which aims to create a global climate treaty, will go forward Nov. 30–Dec. 11 despite recent terrorist attacks in Paris. Still, many public concerts, marches and festive events are expected to be canceled.

“No head of state, of government—on the contrary—has asked us to postpone this meeting,” said French Prime Minister Manuel Valls. “All want to be there. To do otherwise would, I believe, be to yield to terrorism. France will be the capital of the world.”

News that the negotiations were still on brought a wave of predictions about the talks’ outcome. President Barack Obama was “optimistic that we can get an outcome that we’re all proud of, because we understand what’s at stake.” David King, the British Foreign Minister’s Special Representative for Climate change expected an “imperfect deal.” Ultimately, the Washington Post reports, divisions remain and many continue to question key elements of the draft agreement.

U.S. negotiators are expecting to use the EPA’s Clean Power Plan (subscription) to show the country’s commitment to tackling climate change. But on Tuesday the Senate approved two resolutions to stop the agency from implementing the plan, which calls for existing power plants to reduce their emissions.

Study: U.S. Forests’ Carbon Sequestration Capacity Is Decreasing

Efforts to protect the health of forests and to slow deforestation—a leading contributor to climate change—are largely absent in the pledges of most countries taking part in historic climate negotiations beginning this month in Paris, reports Climate Central, and the United States is no exception. Although the United States will rely heavily on forest regrowth to meet its emissions reduction target—up to 28 percent of 2005 levels by 2025—its pre-Paris climate pledge makes no mention of forestry practices or of others means to preserve forests.

Now a study published in Scientific Reports finds that the carbon sequestration capacity of U.S. forests could diminish over the next 25 years as a result of land use change and forest aging. It also finds that decreases in that capacity could influence emissions reduction targets in other economic sectors and affect the costs of achieving policy goals.

Using detailed forest inventory data, Forest Service Southern Research Station scientists David Wear and John Coulston projected the most rapid decline in forest carbon sequestration to be in the Rocky Mountain region, where forests could become a carbon emissions source (subscription).

Land use change greatly influences carbon sequestration. The researchers found that afforesting or restoring 19.1 million acres over the next 25 years, a plausible goal, could yield significant carbon sequestration gains.

“Policymakers interested in reducing net carbon emissions in the U.S. need information about future sequestration rates, the variables influencing those rates and policy options that might enhance sequestration rates,” said Wear. “The projection scenarios we developed for this study were designed to provide insights into these questions at a scale useful to policymakers.”

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.

Countries Position Themselves for Paris Climate Talks

November 5, 2015
The Nicholas Institute for Environmental Policy Solutions at Duke University

The Nicholas Institute for Environmental Policy Solutions at Duke University

In a joint statement on Monday, China and France signaled that any deal reached at the United Nations Climate Change Conference in Paris, Nov. 30–Dec. 11, should include five-year reviews of emissions reductions commitments in order to “reinforce mutual confidence and promote efficient implementation.” The two countries also called for an “ambitious and legally binding” deal that will allow global warming to be limited to two degrees Celsius over preindustrial levels—the United Nations-declared threshold for avoiding the most dangerous climate change impacts—and they made a bilateral commitment to formulate low-carbon strategies within the next five years.

The statement was released during a visit by French President François Hollande to China in a bid to persuade Beijing to propel negotiations ahead of the Paris talks. As the world’s largest polluter, China—which has promised to cap its emissions by 2030 but has not yet said at what level—will be a key actor given disputes over whether developed or developing countries should bear a greater emissions reduction burden. New government data indicating that China is annually burning 17 percent more coal than thought will increase the complexity and urgency of achieving its emissions pledge.

The 55-page negotiating text forwarded to Paris at the conclusion of the latest round of talks in Bonn, Oct. 23, left unresolved the fundamental issues plaguing the climate agreement process for decades: common but differentiated responsibility for dealing with climate change impacts and poorer countries’ demands for climate adaptation finance.

The two issues were front and center at a meeting on Saturday of China, South Africa, Brazil, and India that was meant to produce a joint negotiating scheme. In a statement reiterating their “unequivocal commitment towards a successful outcome at the Paris Climate Change Conference through a transparent, inclusive and Party-driven process,” the four countries said that “existing institutions and mechanisms created under the Convention on adaptation, loss and damage, finance and technology should be anchored and further strengthened in the Paris agreement.”

The statement came just after the last major pre-Paris gathering of Pacific island nations, which produced a collective plea for help in addressing the health impacts of climate change (subscription).

U.N. Report on Emissions Pledges: More Cuts Needed

A new United Nations report finds that, if fully implemented, countries’ collective pledges toward a new international climate change agreement would eliminate 4 gigatons of greenhouse gas emissions from the atmosphere by 2030—not enough to keep global temperatures from rising above 2 degrees Celsius (C) over preindustrial levels but sufficient to greatly improve the chances of meeting that goal (subscription). The report is based on a review of intended nationally determined contributions (INDCs) of 146 countries that collectively cover 86 percent of global greenhouse gas emissions.

“The INDCs have the capability of limiting the forecast temperature rise to around 2.7 degrees Celsius by 2100, by no means enough but a lot lower than the estimated four, five, or more degrees of warming projected by many prior to the INDCs,” Christiana Figueres, executive secretary of the UN’s climate agency, said in a statement with the report. She added that the INDCs are “not the final word” but do indicate a global decarbonization effort.

The European Union’s Joint Research Centre, which did its own review based on the plans of 155 countries representing some 90 percent of global emissions, put the increase at 3 degrees Celsius.

The UN report points to a sobering conclusion regarding the so-called carbon budget: approximately three-quarters of that budget will have been spent by 2030. Moreover, the report suggests that the world is losing out on the cheapest path to keeping warming under 2 C. That path would require emissions in 2030 to be no more than 41.6 gigatons of carbon dioxide equivalent (GtCO2e), far lower than the 56.7 GtCO2e indicated by the UN analysis.

In a blog post, Paul Bodnar, the top climate official in the White House’s National Security Council, focused on the decelerated emissions growth indicated by the INDCs. He wrote that the UN report shows that the pledges to date “represent a substantial step up in global action and will significantly bend down the world’s carbon pollution trajectory. The targets are projected to significantly slow the annual growth rate in emissions—including a major decrease in rate compared to the most recent decade.”

Clean Power Plan: Latest Legal Developments

On Tuesday, 23 states submitted a petition asking the U.S. Court of Appeals for the District of Columbia Circuit to strike down a new Environmental Protection Agency (EPA) rule establishing carbon dioxide emissions standards for new and modified power plants (subscription). Those same states, plus Colorado and New Jersey, have already challenged emissions standards for existing power plants. On Wednesday, the legal brawl expanded when 18 states led by New York and several cities submitted their own petition asking to defend the U.S. Environmental Protection’s Clean Power Plan (subscription).

A court ruling on whether to stay implementation of the regulation will come after the UN climate negotiations in Paris. According to a timeline announced last week, final stay motions are due today, the EPA has until Dec. 3 to respond, and final reply briefs are due Dec. 23, followed by as-yet-unscheduled oral arguments.

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.

Clean Power Plan Publication Triggers Wave of Challenges

October 29, 2015
The Nicholas Institute for Environmental Policy Solutions at Duke University

The Nicholas Institute for Environmental Policy Solutions at Duke University

The recent publication of the U.S. Environmental Protection Agency’s (EPA) Clean Power Plan in the Federal Register triggered the filing of lawsuits by dozens of states in the U.S. Court of Appeals for the District of Columbia Circuit, along with other challenges, including a petition from a U.S. Chamber of Commerce-led industry coalition for a rule review and an immediate stay of the regulation. By Monday, 26 states, 15 trade groups, several labor unions, and a host of individual utilities and companies were suing the administration over the Clean Power Plan. By Tuesday, members in both the House and the Senate introduced Congressional Review Act resolutions to stop them (subscription)—resolutions described by The National Journal as “a bid to un­der­mine in­ter­na­tion­al cli­mate talks.”

Clean Power Plan critics—among them attorney generals from West Virginia (Patrick Morrisey) and Texas (Ken Paxton), who are leading the states’ legal challenge—allege that the state-by-state targets aimed at cutting carbon dioxide emissions from power plants 32 percent from 2005 levels by 2030 represent a federal overreach and will hike utility rates and undercut grid reliability.

“The Clean Power Plan is one of the most far-reaching energy regulations in this nation’s history,” said Morrisey. “EPA claims to have sweeping power to enact such regulations based on a rarely used provision of the Clean Air Act, but such legal authority simply does not exist.” But the EPA and many environmental groups contend that the federal government does have the legal authority to curb power plant emissions, and The Huffington Post noted that in the past the U.S. Supreme Court has ruled in the EPA’s favor.

“The power plan is based on a sound legal and technical foundation,” said Acting Assistant Administrator for the EPA’s Office of Air and Radiation Janet McCabe. “We feel strongly that given our authorities and legal precedents under the Clean Air Act that our application of [Section] 111(d) here conforms with those authorities and that legal precedent.”

As part of its efforts to help states figure out how to implement the regulation, the EPA last week released a memorandum to regional EPA directors that lays out elements to be included in initial plan submittals to the EPA in September, should states desire to extend their deadline for final plan submittals to 2018.

Even while challenging the Clean Power Plan, some states are simultaneously thinking about developing compliance strategies, which could include creation of carbon-trading plans that allow big polluters to buy emissions credits from lesser emitters.

Also published in the Federal Register last week was the final rule regulating carbon dioxide for new, modified, and reconstructed power plants and the proposed federal implementation plan. That plan—to be imposed on states that fail to submit a compliance plan to the EPA—will be the subject of public hearings in November and a 90-day comment period ending January 21.

Draft Climate Deal Text Sent to Paris

On Friday diplomats endorsed the outlines of a proposed global climate deal to be negotiated starting Nov. 30 in Paris. The hope is to come to an agreement— by the summit’s conclusion on Dec.11—that limits warming to 2 degrees Celsius above pre-industrial levels to avoid the most significant effects of climate change. U.N. Climate Chief Christina Figueres said this week that based on some 150 plans submitted thus far, diplomats could only hope to limit warming to just below 3 degrees.

Even when talks start next month, countries that produce 92 percent of greenhouse gases in the world are expected to have submitted national plans. If fully implemented, they would hold temperature rise by the end of the century to 2.7 degrees Celsius.

“There’s nobody out there that wants a 3 degree world,” said Figueres. “Nobody. We are not giving up on a 2 degree world. In fact, we’re staying under 2 degrees. And what we’re doing is we are building a process that is going to get us there.”

But the goal will have to be met without a global carbon price, Figueres said, which could help create an incentive for power plants operators to switch to clean energy.

“[Many have said] we need a carbon price and [investment] would be so much easier with a carbon price, but life is much more complex than that,” she said. “…it’s not quite what we will have.”

There will be—and are—many pricing mechanisms in place around the globe. Many U.S. states are expected to develop trading-ready plans to meet the mandates laid out by the Clean Power Plan.

Report Finds New Highs in Store for Persian Gulf

A new Nature Climate Change study finds that climate change could render some cities in the Persian Gulf too hot for humans to live in—without mitigation measures.

“Our results expose a regional hotspot where climate change, in the absence of significant mitigation, is likely to severely impact human habitability in the future,” authors write.

It predicts that a 95-degree wet-bulb temperature—the indicator of humidity that matches the temperature of our skin when we sweat—is too hot for extended periods of time. And that temperature could be exceeded in summer months in certain parts of the region.

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.

GOP Candidates: Government Action on Climate Change Will Hurt Economy

September 24, 2015
The Nicholas Institute for Environmental Policy Solutions at Duke University

The Nicholas Institute for Environmental Policy Solutions at Duke University

Last week’s Republican debate drew opinions of several candidates on climate change, namely on how government action to address the problem will hurt the economy. During the four-minute exchange, Florida Sen. Marco Rubio and New Jersey Gov. Chris Christie dismissed the idea of enacting former Secretary of State George Schultz’s proposed “insurance policy” to guard against global warming risks such as sea-level rise.

When debate moderator Mark Tapper asked about the insurance policy, Rubio responded, “Because we’re not going to destroy our economy the way the left-wing government that we are under now wants to do,” and Christie said, “I agree with Marco. We shouldn’t be destroying our economy in order to chase some wild left-wing idea that somehow us by ourselves is going to fix the climate.”

Rubio said he’s not a climate skeptic but that he opposes policies to reduce emissions that he believes will hurt the U.S. economy and fail to affect global temperatures. He suggested that there is little point in the United States reducing its emissions because “America is not a planet.”

Wisconsin Gov. Scott Walker, who suspended his campaign on Monday, concurred with Rubio and referenced the U.S. Environmental Protection Agency’s Clean Power Plan to reduce carbon dioxide emissions from power plants, although not by name.

“I’m going to echo what Senator Rubio just said,” the governor said. “This is an issue where, we’re talking about my state, it’s thousands of manufacturing jobs. Thousands of manufacturing jobs for a rule the Obama administration, its own EPA has said will have a marginal impact on climate change.”

Christie went on to say that “massive government intervention” to deal with climate change is unnecessary, and that New Jersey had already reached its clean air goals for 2020. But ArsTechnica noted that he did not mention that state’s renewable energy standards, net metering, and solar renewable energy credits all required government intervention.

Christie did note that he’d taken New Jersey out of the Regional Greenhouse Gas Initiative, a now nine-state emissions trading arrangement recently shown to have generated both emissions reductions and economic benefits. Carbon allowances sold by the initiative have just set a new record high. Participating states will use the revenues for energy conservation, renewable energy, and direct bill assistance programs.

Pope Visits United States; Talks Climate Change

The day after arriving in the United States for a six-day visit, Pope Francis acknowledged, in a brief speech at the White House, efforts by the Obama Administration to curb carbon emissions.

“Mr. President,” Francis said in English, “I find it encouraging that you are proposing an initiative for reducing air pollution. Accepting the urgency, it seems clear to me also that climate change is a problem which can no longer be left to a future generation.” He added “To use a telling phrase of the Reverend Martin Luther King, we can say that we have defaulted on a promissory note and now is the time to honor it.”

The papal visit follows the release of his encyclical on the environment, and Francis’s talks about climate change during the visit may very well touch on the concept of carbon markets. The encyclical says markets are “not good” for rationing natural resource use. “This is where many economists who study environmental markets and carbon markets might take exception to the pope,” the Nicholas Institute’s Brian Murray told American Public Media’s Marketplace. He said markets to limit carbon emissions do curb those emissions, and he attributed the Vatican’s negative view of markets to a failed attempt to use them to go carbon neutral, which used carbon offsets from a voluntary action that did not materialize. A market driven by an enforced cap on emissions, however, would not produce the same risk of failed reductions.

Today, Francis became the first pope to address a joint session of Congress. On the topic of climate change, Pope Francis addressed the divided Congress: “We need a conversation which includes everyone, since the environmental change we are undergoing, and its human roots, concerns and affects us all.”

He echoed words in his June encyclical, calling for “courageous and responsible effort to ‘redirect our steps’ and to avert the most serious effects of the environmental deterioration caused by human activity,” Francis said. “I am convinced that we can make a difference and I have no doubt that the United States—and this Congress—have an important role to play … Now is the time for courageous actions and strategies, aimed at implementing a culture of care and an integrated approach to combating poverty, restoring dignity to the excluded, and at the same time protecting nature.”

Reports: Carbon Pricing Schemes Gain Momentum

The World Bank reports that around the world carbon pricing schemes have nearly doubled (from 20 to 38) since 2012, and the Carbon Disclosure Project (CDP), a non-profit that gathers environmental data for investors, reports that the number of companies putting a price on their greenhouse gas emissions for internal planning in 2015 almost tripled (from 150 to 437), with the biggest increase in Asia, where China is slated to launch a national carbon market and South Korea has just introduced one.

According to the CDP report, companies said that carbon prices create incentives for energy efficiency projects and switches to less-polluting fuels. In the United States, utilities cited expected emissions costs as motivation for low- or no-carbon generation investments

The World Bank study estimates that carbon pricing instruments cover about 12 percent of all greenhouse gas emissions and that the combined value of those instruments in some 40 nations and 23 cities, states, and regions is $50 billion a year—$34 billion from markets and $16 billion in taxes. It showed that carbon prices, ranging from less than a dollar a ton of carbon dioxide in Mexico to $130 a ton in Sweden, are for the most part “considerably lower” than needed to help limit temperature rises to a United Nations goal of 2 degrees Celsius above pre-industrial times to avoid the most devastating effects of climate change. Nations gather for international climate negotiations Nov. 30 to Dec. 11 in Paris—a meeting intended to produce a deal that would commit all nations to reducing greenhouse gas emissions in the hopes of meeting this goal.

The study notes that ex-post analysis of the European Union Emissions Trading System, presently the world’s largest cap-and-trade system by traded volume, has not led industries to move to jurisdictions with comparatively low emissions costs on any significant scale but that the risk of carbon leakage remains as long as carbon price signals are strong and differ significantly among jurisdictions. According to the study, this risk, affecting a limited number of exposed sectors, can be effectively mitigated through policy design.

A parallel report by the World Bank and the Organisation for Economic Co-operation and Development, with input from the International Monetary Fund, identified new principles for carbon pricing that it called FASTER: Fairness, Alignment of policies and objectives, Stability and predictability, Transparency, Efficiency and cost effectiveness and Reliability and environmental integrity.

Last week, the European Union urged UN envoys to adopt international carbon market rules and emissions accounting systems by 2017. Negotiations on such systems are not expected to progress far at this year’s climate summit in Paris.

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.

Obama Talks Climate, Oil Drilling

September 3, 2015
The Nicholas Institute for Environmental Policy Solutions at Duke University

The Nicholas Institute for Environmental Policy Solutions at Duke University

President Barack Obama arrived in Alaska this week, sharing blunt language about climate change after laying out initiatives aimed at tackling that issue in the Arctic.

“On this issue—of all issues—there is such a thing as being too late,” said Obama. “And that moment is almost upon us … This year in Paris has to be the year that the world finally acts to protect the one planet that we have while we still can.”

On the three-day Alaska trip, Obama is experiencing firsthand the impacts of rapidly melting Arctic ice, which is warming waters that affect local fishing economies and raising sea levels, threatening the state’s coastal villages. To help address some of these local issues, Obama announced new initiatives. One is fish and wildlife cooperation management to help rebuild Chinook salmon stocks. Another is an exchange program that brings urban and rural youth together to understand the challenges of a changing Arctic and the potential for local solutions against the impacts of climate change.

Despite this focus on climate, Obama is receiving criticism for granting Royal Dutch Shell permits to drill for oil off Alaska’s coast. In an op-ed, Greenpeace Executive Director Annie Leonard writes “we commend the president for his leadership, and yet this trip comes on the heels of his administration’s decision to allow Royal Dutch Shell to drill for oil in the Arctic Ocean, a move that seriously undermines his climate legacy.”

Obama addressed these criticisms last weekend.

“I know there are Americans who are concerned about oil companies drilling in environmentally sensitive waters,” said Obama. “Some are also concerned with my administration’s decision to approve Shell’s application to drill a well off the Alaskan coast, using leases they purchased before I took office. That’s precisely why my administration has worked to make sure that our oil explorations conducted under these leases is done at the highest standards possible, with requirements specifically tailored to the risks of drilling off Alaska.”

The Chukchi and Beaufort seas could hold as much as 26 billion barrels of recoverable oil, according to the U.S. Geological Survey. The fact remains, said Shell President Marvin Odum that oil will continue to be needed as the United States transitions to renewable energy sources.

Sea Level Rise Accelerating as Ice Sheets Melt

The impacts of sea level rise could be greater than worst-case scenarios. The reason? The dominant climate models don’t fully account for the accelerated loss of ice sheets and glaciers, a phenomenon highlighted by scientists from the National Aeronautics and Space Administration (NASA) last week.

Recent data on the speed and scope of melting ice sheets in Greenland and parts of Antarctica suggest that global average sea level rise may approach or exceed 1 meter, or 3.3 feet, by 2100.

“The ice sheets are contributing to sea level rise sooner and greater than anticipated,” said Eric Rignot, glaciologist at the University of California–Irvine and NASA’s Jet Propulsion Laboratory. “Right now, the contribution is about one third. We know that in future warming (melting ice sheets) will dominate sea level rise. With future warming we may have multiples of 6 meters, or 18 feet, and higher. It may be a half meter per century or several meters per century, we don’t know. We’ve never seen an ice sheet collapse before.”

Rignot drew attention to the dynamic behavior of the Jakobshavn glacier in Greenland, which recently lost a chunk of ice roughly 12 square kilometers in surface area and which could raise sea level by half a meter if it were to melt entirely.

NASA is beginning a three-year effort, Oceans Melting Greenland, to understand the role of ocean currents and ocean temperatures in melting Greenland’s ice from below—and therefore to better predict the speed at which that melting will raise sea level.

Also of concern: Antarctica, which has a great deal of total ice to lose. The West Antarctica ice sheet may be undergoing a marine instability as warm water reaches the base of its glaciers from below.

“Given what we know now about how the ocean expands as it warms and how ice sheets and glaciers are adding water to the seas, it’s pretty certain we are locked into at least 3 feet of sea level rise, and probably more,” said Steve Nerem of the University of Colorado, Boulder. “But we don’t know whether it will happen within a century or somewhat longer.”

Data collected by NASA satellites, which change position in relation to one another as Earth’s water and ice realign and change gravity’s pull, reveal that the ocean’s mass is increasing, translating to a global sea level rise of about 0.07 inches per year, but that rise is not uniform.

A visualization released by NASA illustrates the variation in sea level rise around the world. Although the sea level has fallen slightly along the U.S. west coast due to a cycle known as the Pacific Decadal Oscillation (PDO), NASA warns that sea level rise could increase on that coast because the PDO recently shifted into a warm phase.

Delegates Divided Ahead of Paris Climate Conference

This week, delegates met in Bonn, Germany, to take steps to create a workable draft for a deal slated to be negotiated at the Conference of the Parties November 30 to December 11 in Paris that would commit all nations to reducing greenhouse gas emissions. The hope is that the agreement will show just how much pollution will be cut and exactly how much money rich nations will offer poorer countries to deal with their own growing energy and climate adaptation needs. Opinions on how to get to this agreement, which would take effect in 2020, differ.

One particularly sticky point: how to divide responsibility for carbon cuts between rich and poor nations. In an interview with Politico, Robert Orr, a longtime climate advisor to U.N. Secretary-General Ban Ki-Moon, identified the outstanding issues.

“The overall question of ambition, just how ambitious an agreement this will be,” said Orr. “Everyone agrees we need to get ourselves on a pathway to 2 degrees Celsius temperature rise or less. This level of ambition will require changes in everyone’s economies, everyone’s fuel mixes, everyone’s infrastructure investments. So, agreeing on a level of ambition in as much specificity as possible is critical to a successful deal. The issue of financing: All of this has to be paid for.”

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.

EPA Targets Methane Emissions from Oil and Gas Operations

August 20, 2015
The Nicholas Institute for Environmental Policy Solutions at Duke University

The Nicholas Institute for Environmental Policy Solutions at Duke University

On Tuesday the U.S. Environmental Protection Agency (EPA) took another step to make good on the Obama administration’s pledge to limit U.S. greenhouse gas emissions 26–28 percent by 2025 by proposing the first methane emissions rules for the nation’s oil and gas industry.

Reducing emissions of methane, which have 25 times the heat-trapping capacity of carbon dioxide, is a central component of the administration’s overall climate strategy. The administration’s goal is to cut methane emissions 40 to 45 percent from 2012 levels by 2025. The EPA expects to release its final methane rules next year, after it hears public comments.

“Today, through our cost-effective proposed standards, we are underscoring our commitment to reducing the pollution fueling climate change and protecting public health while supporting responsible energy development, transparency and accountability,” EPA Administrator Gina McCarthy said in a statement. “Cleaner-burning energy sources like natural gas are key compliance options for our Clean Power Plan and we are committed to ensuring safe and responsible production that supports a robust clean energy economy.”

The rules target new and modified oil and natural gas operations, but as Greenwire reports, they could eventually trigger regulation of methane leakage from the entire sector (subscription). The proposed rules call for oil and gas processing and transmission facilities to locate and repair methane leaks, capture natural gas from hydraulically fractured oil wells, and limit emissions from equipment—actions netting climate benefits of $120 to $150 million in 2025, according to the EPA.

As they are now, the proposed rules could achieve a cut of 25 to 30 percent by 2025, according to Janet McCabe, acting assistant EPA administrator for air and radiation. To meet the full 40–45 percent goal, the administration expects to rely on voluntary efforts, state regulations and a Department of the Interior rule covering drilling on public lands.

The rules supplement recently announced voluntary initiatives to address methane emissions at existing wells—emissions that may be greater than the EPA estimates according to new research.

A study conducted by scientists at Colorado State University and published in Environmental Science & Technology, quantifies emissions from thousands of gathering facilities, which consolidate gas from wells and feed it into processing plants or pipelines. These emissions have been largely unreflected in federal statistics, the report says, but may be the largest methane source in the oil and gas supply chain. These newly identified emissions would increase total emissions from that chain in EPA’s current Greenhouse Gas Inventory by approximately 25 percent.

Climate Action Declaration

Muslim scholars from 20 countries issued an “Islamic Declaration on Climate Change” on Tuesday, calling on the world’s 1.6 billion Muslims to work to eliminate greenhouse gas emissions by 2050 and to commit to renewable energy sources.

The declaration drawing on Islamic teachings and to be presented at the global climate summit in Paris was finalized at the International Islamic Climate Change Symposium in Istanbul this week.

“The pace of global climate change today is of a different order of magnitude from the gradual changes that previously occurred throughout the most recent era, the Cenozoic,” the declaration reads. “Moreover, it is human-induced: we have now become a force dominating nature. Our species, though selected to be a caretaker or steward on the earth, has been the cause of such corruption and devastation on it that we are in danger [of] ending life as we know it on our planet.”

The declaration asks Muslim countries, particularly those that are “well-off” and “oil-producing,” to lead the greenhouse gas phase out and to provide financial and technical support for climate change efforts by less-affluent states.

Alaska and Climate Change

Climate change could exacerbate one of Alaska’s worst wildfire seasons—one that has burned some 5 million acres of tundra and forests and ignited fears that large stores of carbon are being emitted into the atmosphere.

“We really need to start considering the long-term implications of big fires that are being predicted,” said Nicky Sundt, a climate change expert for the World Wildlife Fund. “In the Arctic, you have a lot of carbon locked up, and the fires will release that. We need to start thinking seriously about the carbon emissions from these fires.”

A recent Climate Central analysis shows that in the last 60 years large wildfires in Alaska have essentially doubled and that the wildfire season is 40 percent (35 days) longer than it was in the 1950s, mainly due to rapid warming in the globe’s northern reaches.

“The primary driver is temperature. The warmer we get, the more fires we seem to get,” Mike Flannigan, a wildland fire expert at the University of Alberta, said. “We need a 15 percent increase in precipitation to account for the warming. Very few climate models suggest there will be an increase in precipitation to compensate for the increase in temperature. The fuels will be drier in the future and it will be easy to start the spread of fire.”

Of particular concern—drying of peat, which then becomes susceptible to burning and release of centuries’ worth of carbon in the span of a few hours of intense fire. Teresa Hollingsworth, a researcher and ecology professor with the University of Alaska Fairbanks, told NPR that many of the state’s fires burned seven feet deep, where vast amounts of carbon are stored.

“The carbon released from fire emissions during a large fire year in Alaska is roughly equivalent to 1 percent of the global fossil fuel and land use emissions,” said Dave McGuire, a research scientist and leader of the U.S. Geological Survey’s Alaska Cooperative Wildlife Research Unit, in a recent press release.

Obama is visiting the state at the end of this month to highlight climate change impacts that go beyond fires.

“In Alaska, glaciers are melting,” Obama said in a video released last week. “The hunting and fishing upon which generations have depended for their way of life and for their jobs are being threatened. Storm surges once held at bay now endanger entire villages. As Alaskan permafrost melts, some homes are even sinking into the ground. The state’s God-given natural treasures are all at risk.”

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.

Challenges Ahead for Clean Power Plan, Another EPA Rule

August 13, 2015
The Nicholas Institute for Environmental Policy Solutions at Duke University

The Nicholas Institute for Environmental Policy Solutions at Duke University

Less than two weeks after President Obama announced the U.S. Environmental Protection Agency’s (EPA) final Clean Power Plan rule, aimed at cutting carbon emissions from existing power plants 32 percent from 2005 levels by 2030, EPA Administrator Gina McCarthy has encouraged states to comply with the plan through emissions trading opportunities—emphasized far more in the final rule than the draft proposal.

It appears that some states may be examining whether they have trade-ready elements in common with other states. If so, they will be able to swap emissions credits with those states in order to comply with the rule.

“There’s been a lot of discussion, particularly in the West, where states are more loosely connected across the electricity grid, about an arrangement where states could adopt some common elements, and thereby allow the compliance entities in that state to trade among states that might not have submitted a joint plan but still have common elements in their plans,” said Colin McConnaha, a greenhouse gas specialist with the Oregon Department of Environmental Quality.

Despite the final rule’s flexibility, legal challenges are expected (subscription). Bill Bumpers, a partner at a law firm representing power companies, estimates 22–26 states are considering such challenges, a decision he called “more political than practical.”

The focus of many of these legal challenges, in my opinion, may very well be section 111(d) of the Clean Air Act. I spoke with MetroNews Talkline on this issue Wednesday, noting:

“The way the Clean Air Act is set up is that the traditional pollutants like ozone and particulates are regulated under one provision, what they call the hazardous air pollutants like mercury are regulated in a second provision and then there is this third provision, 111 that says if it is not covered under one of the first two then you regulate under 111(d) … Section 111 (d) has been rarely used over history because there hasn’t been a pollutant like CO2 in the mix. So that gives the EPA a lot of flexibility in how it executes because there are not years of precedent, but it also gives them some uncertainty in how the courts are going to interpret it.”

That flexibility may not be so clear for another EPA rule that a group of 16 states and the North Carolina Department of Environment and Natural Resources are challenging.

At issue—whether states can provide exemptions from emissions limits during periods of startup, shutdown, and malfunction. The court filing states “specifically, EPA erroneously concluded that the following State’s EPA-approved State Implementation Plans are ‘substantially inadequate’ with respect to periods of startup, shutdown and malfunction and must be revised.”

Carbon Emissions from Electric Power Plants Hit 27-Year Low

The U.S. Energy Information Administration (EIA) said those same emissions that the Clean Power Plan is trying to diminish hit a 27-year low in April (subscription). Figures released Wednesday show that electric power plants emitted 141 million tons of carbon dioxide in April 2015, the lowest since April 1988.

A big factor in the drop is the long-term shift from coal to cleaner and cheaper natural gas, according to EIA Economist Allen McFarland, who downplayed the role of, economic sluggishness. “You don’t have a 27-year low because of an economic blip. There are more things happening than that,” McFarland said, noting that the price of natural gas has dropped 39 percent in the past year.

Increased renewable fuel use and energy efficiency are additional factors, say other experts, including Princeton University Professor Michael Oppenheimer, who also highlighted the role of regulation.

“A factor behind all these trends is that the writing is on the wall about the future of coal and thus the future of U.S. carbon dioxide emissions,” said Oppenheimer. “The regulatory noose is tightening and companies are anticipating a future with lower and lower dependence on fossil fuels and lower and lower carbon dioxide emissions.”

Federal analysts predict that this year the amount of electricity from natural gas will increase 3 percent compared to 2014 while power from coal will go down 10 percent.

Significant changes in the electric power sector fuel mix since April 1988 have made electricity generation less energy and carbon intensive. Some analysts point out that power plant emissions have already fallen by about 15 percent since 2005, putting the country halfway to the Obama administration’s goal before the Clean Power Plan goes into effect.

Spring Release for Changes to MATS Rule

Court-mandated changes to the Mercury and Air Toxics Standard (MATS) rule, which requires coal-burning power plants to reduce emissions of toxic pollutants by installing control technologies, are expected by the EPA in 2016.

The EPA wrote in a filing with the U.S. Court of Appeals for the District of Columbia Circuit that it “intends to submit a declaration establishing the agency’s plan to complete the required consideration of costs for the ‘appropriate and necessary’ finding by spring of next year.” The Supreme Court ruled this summer that the Clean Air Act required the EPA to consider the costs of MATS when determining whether it was “appropriate and necessary” to regulate mercury emissions from the power sector.

In the filing, EPA lawyers note that there is “extensive documentation” of the cost of MATS. The rule will remain in effect while the lower court determines whether to vacate it as the EPA works on the cost issue, Detroit News reports.

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.

Final Clean Power Plan More Ambitious, Flexible

August 6, 2015
The Nicholas Institute for Environmental Policy Solutions at Duke University

The Nicholas Institute for Environmental Policy Solutions at Duke University

On Monday, President Obama announced the release of the final Clean Power Plan (CPP), which sets mandatory limits on the amount of carbon dioxide emissions the nation’s fleet of existing power plants may emit. The rule is projected to reduce emissions 32 percent below 2005 levels by 2030.

“We’re the first generation to feel the impact of climate change. We’re the last generation that can do something about it,” Obama said, noting that power plants are the single largest source of carbon pollution, a key contributor to climate change. “Until now, there have been no federal limits to the amount of carbon pollution plants dump in the air.”

Some Plan Particulars

The complicated and controversial 1561-page rule was developed by the Obama administration using existing authority under the Clean Air Act—specifically, section 111(d). The plan, according to a Washington Post op-ed, “is about as flexible as possible,” because it allows each state to come up with its own compliance program to meet the federal standards.

In broad strokes, the plan is designed to accelerate an already-underway shift from coal-fired electricity to cleaner natural gas and renewables, along with increased energy efficiency, by requiring existing power plants to meet specific carbon dioxide emissions reduction guidelines. The U.S. Environmental Protection Agency (EPA) calculated the targets based on a “best system of emissions reduction” comprised of three building blocks: making existing coal plants more efficient; shifting generation from coal to gas plants; and increasing generation from renewables.

Once the targets are set, however, states do not have to use the building blocks as a framework for their plans, and have been given a range of market-based, flexible mechanisms to reach their state targets.  In fact, emulating the flexibility afforded power plants under the market-based program devised in 1990 to reduce sulfur dioxide emissions, the CPP allows states to create “trading-ready” plans that will allow affected plants to sell emissions credits or to buy credits, if that’s a less expensive option than taking other actions. Parallel compliance approaches remove the need for formal interstate trading agreements, an approach described in one of Duke University’s Nicholas Institute for Environmental Policy Solutions’ recent policy briefs. Also facilitating trading are new state goals reflecting uniform national emissions rate standards for fossil steam (coal and oil) and natural gas power plants, respectively, reports ClimateWire (subscription).

The centerpiece of the Obama administration’s push to slash U.S. carbon emissions 17 percent below 2005 levels by 2020 and 26–28 percent below 2005 levels by 2025, the final CPP was timed to build momentum toward the start of international climate talks in Paris in November. Lord Nicholas Stern, a prominent economist in the U.K., said the rule’s release will “set a powerful example for the rest of the world,” and will reinforce the credibility of the U.S. commitment to greenhouse gas emissions reductions as a new international agreement on climate change is being finalized.

Significant Changes from the Proposal

Changes to the final plan were expected, given some 4 million comments on the proposed plan, and the plan did not disappoint. One big change, according to Acting Assistant Administrator for the Office of Air and Radiation Janet McCabe, is based on the assumption that renewable energy and regional approaches have even greater capacity for helping the power sector reduce emissions than reflected in the draft proposal (subscription). Consequently, the final plan will cut power plant carbon emissions 32 percent below 2005 levels by 2030, rather than the 30 percent target in the proposed rule.

The final rule also axed what the draft proposal referred to as Building Block 4, a criterion for achieving emissions reductions through programs that improve electricity consumers’ energy efficiency, as a means of calculating the state targets. Although these efficiency standards and under-construction nuclear plants were left out of the criteria for setting state goals under the plan, both are still available as compliance options.

The plan also includes a Clean Energy Incentive Program that rewards states for investing early (2020–2021) in renewable energy, specifically solar and wind power as well as demand side energy efficiency in low-income communities. Details of the incentive scheme are yet to be worked out, but the final rule goals do now expect renewable energy sources to account for 28 percent of the nation’s capacity by 2030—up from 22 percent in the proposal (subscription). The aim, said EPA Administrator Gina McCarthy is to incentivize renewable energy, which will lessen the reliance on natural gas as a replacement for coal power as the dominant compliance strategy.

Many other changes were anticipated in the Nicholas Institute’s most recent policy brief, including:

  • Additional time—an two extra years (to 2022)—for states to submit plans and begin cutting emissions;
  • Easing of the interim goals “glide path,” which states can now craft for themselves; and
  • New state mass emissions targets. These targets, based on states’ energy mixes and a uniform emissions rate for plants that use the same technology but no longer on demand-side energy efficiency, are less disparate than and also vastly different from those in the proposal. They also allow states to choose whether to use one target that includes the emissions from new natural gas units or another target that excludes these units (but still provides mechanisms to ensure that emissions cannot increase through new units).

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 Make Predictions of How to Comply, What to Look for in Final Clean Power Plan

July 30, 2015
The Nicholas Institute for Environmental Policy Solutions at Duke University

The Nicholas Institute for Environmental Policy Solutions at Duke University

The U.S. Environmental Protection Agency (EPA) is slated to release the final version of its Clean Power Plan, regulating emissions from existing power plants, any day now. Many are already predicting changes, some that could be significant.

A survey by E&E publishing revealed stakeholders expect timing to be the element most likely to change in the final rule (subscription). The Washington Post, citing sources familiar with plans, reports the agency will give states an additional two years—until 2022—to begin implementing pollution cuts.

A new policy brief by Duke University’s Nicholas Institute for Environmental Policy Solutions highlights 11 elements we’ll be watching for. The top three, according to co-author and Climate and Energy Program director Jonas Monast: “I think that the top three issues are did the state targets change, and if so that means that the formula for calculating the state targets changed. Another point that I’ll be looking for is the timing … so when do the states have to submit the plans and when do utilities actually have to start taking action. And then the final, does EPA say more about the potential for using market-based mechanisms under the Clean Power Plan, and how?”

One more—guidance on multistate trading options. A number of organizations have explored options for multi-state trading of emissions credits without formal multistate agreements (subscription). Under a “common elements” or “trading-ready” approach, states could use similarly defined tradable emissions credits and common or linked tracking systems to ease the trade of emissions credits across state boundaries. Expanded emissions markets would increase gains from trade. The final rule may provide guidance on incorporating common elements into state compliance plans, and it may also indicate that the EPA will develop a tracking system to facilitate intrastate and interstate Clean Power Plan credit markets.

Another new study, out this week, suggests regional compliance may be the most cost-effective approach for states to comply with the rule. The Southwestern Power Pool study found under the EPA’s June 2014 draft plan, state-by-state compliance would cost 40 percent more than a regional approach.

“Our analysis affirmed that a state-by-state compliance approach would be more expensive to administer than a regional approach,” said Lanny Nickell, vice president of engineering for SPP, in a news release. “A state-by-state solution also would be more disruptive than a regional approach to the significant reliability and economic value that SPP provides to its members as a regional transmission organization.”

According to a newly released Synapse Energy Economics study, states that focus compliance efforts on expanding carbon-free energy production and energy efficiency programs will reap big savings. The largest savings, it says, will be seen by states that take these renewable energy steps early on.

Court Grants the EPA Partial CASPR Victory

The U.S. Appeals Court for the District of Columbia, on Tuesday, upheld an EPA regulation, originally challenged by states and industry, to restrict power plant emissions that cross state lines. The ruling did find the EPA erred in its 2014 budgets for sulfur dioxide and nitrogen oxide and called for the agency to rework them.

Although the 2011 rule—known as Cross State Air Pollution Rule (CASPR)—remains intact, Judge Brett Kavanaugh said the court expects the agency to “move promptly” and not “drag its feet” in coming up with new budgets. Kavanaugh wrote that EPA’s budgets “have required states to reduce pollutants beyond the point necessary” to achieve air quality improvements in downwind areas (subscription).

The EPA, in a statement released by spokeswoman Melissa Harrison, said “The agency remains committed to working with states and the power sector as we move forward to implement the rule. We are reviewing the decision and will determine any appropriate further course of action once our review is complete.”

CASPR has faced many challenges. The Supreme Court upheld the rule, which aims to reduce emissions of sulfur dioxide and nitrogen oxides that can lead to soot and smog in 28 states, in May 2014. The rule was invalidated by a federal appellate court in August 2012 after it was challenged by a group of upwind states and industry because it enforced pollution controls primarily on coal plants.

Climate Change Undermines Coral Reefs’ Protective Effect on Coasts

Climate change decreases coral reefs’ capacity to protect coasts against wave action and resulting hazards according to a new study accepted for publication in Geophysical Research Letters, a journal of the American Geophysical Union. That reduced capacity could make low-lying coral islands and atolls—home to some 30 million people—uninhabitable.

The study by researchers from Dutch institute for applied research Deltares and the U.S. Geological Survey finds that sea level rise and coral reef decay will lessen reefs’ dissipation of wave energy, leading to flooding, erosion, and salination of drinking water resources.

The study authors used Xbeach, an open-source wave model, to understand the effects of higher sea levels and smoother coral as it degrades. Their results suggest that wave runup and thus flooding potential is highest for those coasts fronted by narrow reefs with steep faces and deeper, smoother reef flats.

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.

It’s Official: 2014 Hottest Year on Record

July 23, 2015
The Nicholas Institute for Environmental Policy Solutions at Duke University

The Nicholas Institute for Environmental Policy Solutions at Duke University

Four independent global data sets registered 2014 as the warmest year on record, the Weather Channel reported, citing an annual review by international scientists sponsored by the National Oceanic and Atmospheric Administration (NOAA) and published in the Bulletin of the American Meteorological Society. The only major region of the world with below-average annual temperatures was Eastern North America.

The review compiled by NOAA’s Center for Weather and Climate and based on contributions of more than 400 scientists found that atmospheric carbon dioxide levels reached a global average of 397.2 parts per million, a 1.9-ppm-increase in 2014; the global average was 354 ppm in 1990, the review’s first year.

Other highlights of the State of the Climate in 2014 report include

  • Record highs for sea surface temperatures, particularly in the North Pacific Ocean, as well as for global upper ocean heat (oceans absorb more than 90 percent of Earth’s excess heat), and global sea levels (oceans expand as they suck up heat);
  • Continued Arctic warming and low sea ice extent;
  • Highly variable temperature patterns and record-high sea ice extent in the Antarctic; and
  • An above-average number of tropical cyclones.

Human activities are implicated in the record high. Deke Arndt, a NOAA climate scientist and one of the report authors pointed out that it’s no coincidence that it’s the lower atmosphere, rather than the upper atmosphere, that’s warming.

“The changes that we see in the lower part of the atmosphere are driven by a change in the composition of the atmosphere,” Arndt said. “If an external forcing—such as the sun or some orbital phenomenon—would be driving the warming, we would see a warming across the board in most of the atmosphere. And we don’t.”

Now it appears that 2015 is well on its way to topping 2014 as the warmest on record. A strengthening El Nino is transferring heat from the tropical Pacific around the globe, and the National Aeronautical and Space Administration (NASA) and the Japan Meteorological Agency have reported that the global warmth of June 2015 matched or exceeded any previous June in historical records.

Study: 2-Degree Target Unsafe

New research says keeping within 2 degrees Celsius of pre-industrial temperatures—the target scientists and global leaders agree represents a safe level of climate change—may be inadequate and “highly dangerous.” Meeting the target, the study says, could lead to runaway ice melt that causes rising sea levels and ocean circulation changes far more serious than previous projections.

“We conclude that continued high emissions will make multi-meter sea level rise practically unavoidable and likely to occur this century,” James Hansen—NASA’s former lead climate scientist and 16 other co-authors write in the new, not-yet-peer-reviewed discussion paper due to be published in the journal Atmospheric Chemistry and Physics. “Social disruption and economic consequences of such large sea level rise could be devastating. It is not difficult to imagine that conflicts arising from forced migrations and economic collapse might make the planet ungovernable, threatening the fabric of civilization.”

A better strategy, the authors say, is to return to an atmosphere with 350 parts per million of carbon dioxide—we’ve reached about 400 parts per million.

Pope, Mayors Urge Action on Climate Change

A month after the release of his encyclical on the environment, Pope Francis urged world leaders to take a “strong position” on climate change in advance of the United Nations climate talks in Paris later this year.

“I have great hopes for the Paris summit in December and hope a fundamental agreement is reached,” said Francis at a two-day conference of mayors from nearly 60 cities around the world to discuss the issues of climate change and fighting forms of modern slavery. “The U.N. needs to take a strong position on this.”

The mayors in attendance signed a pledge stating that “human-induced climate change is a scientific reality and its effective control is a moral imperative for humanity.”

The meeting, the Globe and Mail reports, represents a fundamental shift in how the issue of climate change is framed.

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.