Environmental Policy Unit 2

CO2 and EPA under Obama

"Endangerment finding" released under Obama Admin: sets the stage for broad EPA regulations aimed at curbing heat-trapping emissions (under CAA) (released in Fed Register 12/09) EPA declared that carbon dioxide and other greenhouse gases pose a threat to public health and welfare and that emissions from new motor vehicles contribute to the mix of those gases in the atmosphere

Standing Rock  Dakota Access Pipeline (DAPL).

$3.8 billion Dakota Access Pipeline would transport 500,000 barrels of highly combustible crude each day nearly 1,200 miles, from the Bakken fracking fields in northwestern North Dakota through four states to southern Illinois.  The Standing Rock Sioux Tribe has been waging a legal battle to stop the pipeline developer, Energy Transfer Partners  The tribe has identified sacred burial grounds that the pipeline would desecrate and is worried that a spill could wreck its water supply, used for drinking, fishing, and irrigation. ACE looking for possible re-route. Enough? Environmental and social justice issue!!!!!

energy sources in the US (primary production)

natural gas, crude oil, coal

EPA and NAAQs

under the CAA, EPA is supposed to review NAAQs every five years in light of the latest research on the health effects of individual pollutants

Early Air Legislation

-1955 Air Pollution Control Act -1960s Motor Vehicle Control Act -1965 Motor Vehicle Pollution Control Act -1963 Clean Air Act -1967 Air Quality Act (amended 1963 act) *note: we recognized the problem for decades but didn't have strong enough policies to effectively regulate air pollution

NAAQs

-6 criteria pollutants: ozone, particulates, lead, SO2, NOx, CO -EPA sets national ambient air quality standards -primary standard based on human health -protect human health with "adequate margin of safety" -not based on whether economic or technically feasible but based on health standards (unlike CWA) -secondary standard based on other considerations (animals, wildlife, water) -these legal limits (based on concentrations that exceeded established standards over specific time period) are set on the basis of scientific evidence

CO

-Carbon monoxide is a colorless, odorless gas that can be harmful when inhaled in large amounts -Greatest sources of CO to outdoor air are cars, trucks and other vehicles or machinery that burn fossil fuels -Variety of items in homes such as unvented kerosene and gas space heaters, leaking chimneys and furnaces, and gas stoves also release CO -Breathing high concentration of CO reduces amount of oxygen transported in blood stream to critical organs like the heart and brain. -Primary standards are 9 parts per million (ppm) measured over 8 hours, and 35 ppm measured over 1 hour.

Natural Gas

-Horizontal drilling and hydraulic fracturing ("fracking") allow access to large volumes of gas previously uneconomical to produce -Fracking: Fluids containing toxic chemicals injected at high pressure to release natural gas

Trump and ozone

-Trump's EPA missed legal deadline to start implementing its regulation limiting ozone pollution -in August, decided to keep Obama era regulation -will be reviewed again in 2020

Oil Pollution Control Act (1924)

-authorized the secretary of the Army to regulate oil discharges from ships to protect public health and shipping in coastal waters

Evidence of air pollution

-difference in color between museum collection field sparrows

Clean air act (CAA) 1970

-first effective national air pollution law -created uniform, national standards -uniform approach easier to administer than flexible local standards -criticism since health impacts vary by location as do costs (e.g. rural vs urban) Requirements for: -stationary sources (power plants etc.) -mobile sources (automobiles etc.) EPA charged to develop national ambient air quality (NAAQ) standards

Ozone

-ground level or "bad" ozone created by chemical reactions between oxides of nitrogen (NOx) and volatile organic compounds (VOC) in the presence of sunlight -breathing ozone can trigger health problems, particularly for children, elderly, and people wwith lung diseases like asthma -even with 2008 standards, thousands of premature deaths and billions of dollars of healthcare costs

Ozone standards

-max allowed measurement for ozone (03) to be present in outdoor air -2015: EPA revised the primary and secondary ozone standard levels to 0.07 parts per million (ppm) (from 0.075) [note: same as 70 ppb], and retained their indicators (O3), forms (fourth-highest daily maximum, averaged across three consecutive years) and averaging times (eight hours)

Particulate Matter (PM)

-mixture of solid particles and liquid droplets found in the air -PM10: inhalable particles with diameters that are generally 10 micrometers and smaller -PM 2.5: fine inhalable particles with diameters generally 2.5 micrometers and smaller Common sources: -construction sites, unpaved roads, fields, smokestacks or fires -Complex reactions of chemicals such as sulfur dioxide and nitrogen oxides (pollutants emitted from power plants, industries and automobiles) Primary (health-based) standards for fine particles PM2.5: 12.0 micrograms per cubic meter (mg/ m3) 24-hour PM2.5 standard at a level of 35 mg/m3

6 criteria pollutants specified in NAAQs

-ozone, particulates, lead, SO2, NOx, CO

Rivers and Harbors Act ("Refuse Act") 1899

-required a permit from the Army Corps of Engineers for discharge of "refuse" into navigable rivers and harbors that might be hazardous to navigation (but exempted liquid waste like sewage). In 1960s courts interpreted the law to cover municipal and industrial chemical pollution.

nuclear (continued)

1946 civilian control of nuclear research, creation of Atomic Energy Commission (later Nuclear Regulatory Agency (NRC)) 1954 Congress allowed private companies to own nuclear reactors 1957 Price Anderson Act limits liability to $560 million 1960 3 reactors, 1970 20 (some blocked), peak of 111 in 1990, 100 in 2016 TMI 1979 caused policy makers and public to re-think nuclear power Nuclear power industry received $145 billion worth of federal subsidies between 1943-1999, including direct and indirect benefits

Petroleum Energy

1970s: Petroleum supply emerges as important policy issue 1973: Arab members of Organization of Petroleum Exporting Countries (OPEC) embargo oil shipments in retaliation for US support of Israel in Middle East conflict 1975: Congress creates Strategic Petroleum Reserve to lessen impact of future oil-supply crises 1977: President Carter declares national energy crisis, calls for policy changes to reduce demand: Calls goal of his National Energy Plan---reduced dependence on foreign oil—"the moral equivalent of war" Trans-Alaska oil pipeline opens, enabling oil from Alaska's Prudhoe Bay to reach US markets Dept. of Energy Organization Act creates Department of Energy Congress creates Corporate Average Fuel Economy (CAFE) standards requiring automakers to improve auto fuel efficiency 1978-9: Long lines at gas stations due to gasoline shortages caused by Iranian Revolution results in country's second major energy crisis in the 1970s

Nuclear highlights

1979: Three Mile Island near meltdown. National concern halts new nuclear plant construction 1983: Nuclear Waste Policy Act directs DOE to take charge of spent nuclear fuel by 1998 1986: Chernobyl nuclear plant accident in Ukraine further increases concern about nuclear energy

energy history 1980s-2000

1980s: Deregulation of energy sector 1981: High oil prices resulting from 1978-9 oil price spike sets off round of inflation and economic stagnation that lasts much of the decade 1989: Exxon Valdez runs aground off Alaska, causing disastrous oil spill 1990s: Booming economy 1990: Iraq occupies Kuwait; oil rises from $13 to $40/b. Operation Desert Storm frees Kuwait 1992: Energy Policy Act opens door for deregulation of electric utilities, more conservation, and development of renewable energy sources and alternative fuels 1998: World crude oil prices reach all-time low of $10/barrel 2000: Bush administration emphasizes energy production over conservation 2001: Cheney energy task force formulates Bush administration's energy policy. Recommends increasing production of fossil fuels and nuclear power. Following electricity shortages in California, Bush calls for opening Arctic National Wildlife Refuge (ANWR) in Alaska to drill for oil

Additional CAA Amendments

1995 Under Clinton EPA issued Ozone Transport Rule requiring upwind sources to curb NOx emissions 1997: EPA set new standards limiting fine particulates with <2.5 micrometer diameter (about 3% width of human hair); further constrained coal-fired power plants

TRUMP and SIPS

2009 (Bush Admin): Published Final Rule to amend New Source Review so that changes to plants would have to grouped and combined as a single project to be considered (i.e., weakening New Source Review) -Obama administration stayed and didn't implement TRUMP -October 25 2017: A report from EPA Administrator Scott Pruitt calls for re-evaluating the New Source Review permitting program under the Clean Air Act as well as national ambient air quality standards (NAAQS). The report also announces the formation of task forces to review each issue The document comes in response to President Trump's high-profile "energy independence" executive order, which directed agencies to review all federal rules that potentially hamper U.S. energy producers. -October 2018: OMB reviewed 2009 and plans to report soon on possible recommendation to implement -Only meetings have been with fossil fuel industry lobbyists

Coal

A key piece of domestic air/energy policy US has >1,000 coal-fired electricity generating units across the country (but declining!) Most coal plants in the United States were built < 1990 US holds world's largest estimated recoverable reserves of coal and is a net exporter Most used for electricity Coal historically largest source of electricity generation in US for >60 years but annual share of generation is declining (Electricity generated using coal in the U.S. has fallen 38% in 2017 since it peaked in 2007) The total number of employees at U.S. coal mines in about 51,000 workers (2017) in 2017 24 coal-fired electricity generators at 14 power plants in 11 states are expected to shut down, followed by another 22 coal generators in 2018 Major source of S0x/NOx/acid rain, mercury, CO2 emissions, health problems!!!

State Policy Examples Renewable portfolio standard (RPS)

A regulatory mandate to increase production of energy from renewable sources such as wind, solar, biomass and other alternatives to fossil and nuclear electric generation. It's also known as a renewable electricity standard States often design them to drive a particular technology by providing "carve out" provisions that mandate a certain percentage of electricity generated comes from a particular technology

Oil Price Controls

After Arab oil embargo 1973, federal price controls kept price of domestic production below market price But this discouraged domestic production and encouraged imports Did insulate consumers from some impacts Fuel economy standards enacted to reduce gasoline consumption in transport sector

Net Metering

Allows residential and commercial customers who generate solar power to feed electricity they do not use back into the grid For example, if produce more energy during day then need, meter "runs backward" Customers only pay for the "net" energy used Provides incentive for households But utilities may perceive as lost revenue (and pay for infrastructure) and concern as more solar installed Increasing number of state Public Utilities Commissions (PUC) considering overturning net metering because of pressure from utilities

Community Solar

Also known as shared solar or solar gardens, is a solar energy deployment model that allows customers to buy or lease part of an offsite shared solar PV system. Lets customers enjoy advantages of solar energy without having to install a system on their own residential or commercial property. Provide distributed solar access and benefits to customers who: Have insufficient solar resources (e.g. shading, roof size, etc.) Do not own their homes Are unable or unwilling to install solar for financial or other reasons. As of April 2015, 13 states and Washington D.C. have enacted policies that support community solar. Shared solar projects are located in 25 states, plus Washington D.C., and represent 172 MW of total installed capacity.

Washington Initiative 1631: Carbon Emissions Fee Measure

Ballot Proposal Nov 2018 Enact a carbon emissions fee of $15 per metric ton of carbon beginning on January 1, 2020; Increase the fee by $2 annually until the state's greenhouse gas reduction goals are met; and use the revenue from the fee to fund various programs and projects related to the environment.

British Columbia Carbon tax example

British Columbia, Canada 2008 instituted carbon tax (first in North America) How does it work? Applies to purchase and use of fossil fuels and covers approximately 70% of provincial greenhouse gas emissions Per ton carbon tax: C$10 in 2008 to C$30 in 2012 to C$35 in 2018 and $50 in 2021 Between 2007 and 2015, provincial real GDP grew more than 17%, while net emissions declined by 4.7%. New revenues generated from increasing the carbon tax will be used to Provide carbon tax relief and protect affordability Maintain industry competitiveness Encourage new green initiatives To improve affordability, government is increasing the Climate Action Tax Credit to $135 per adult and $40 per child for 2018. Government also offers several carbon tax programs for businesses and local governments.

Cities

By 2050, 65% - 75% of world population projected to be living in cities, (3.5 billion people now, rising to 6.5 billion by 2050) Est. 70% of cities already dealing with effects of climate change; nearly all at risk Majority of urban areas are coastal, putting most cities on Earth at risk of flooding from rising sea levels and powerful storms Michael Bloomberg, now the UN Secretary General's Special Envoy for Cities and Climate Change, also notes that, "if the world's cities took bold actions to reduce emissions, their collective impact would be equal to halving global coal use over the next 40 years." (8/2016) C40 Cities Climate Leadership Group, now in its tenth year, provides an important vehicle in this regard, connecting more than 80 of the world's greatest cities, representing more than 600 million people and one quarter of the global economy.

Cities and Climate

Cities increasingly moving ahead of countries in setting carbon-reduction goals and initiatives June 2016 the Compact of Mayors and the Covenant of Mayors announced the Global Covenant of Mayors for Climate & Energy, a newly merged initiative to bring these two efforts together: 684 cities, representing 500,289,851 people worldwide and 6.80% of the total global population, have committed to the Compact of Mayors. C40 Cities initiative > 2,500 Cities Have Taken Up the Climate-Change Fight

Climate and Air

Climate change one of our defining environmental problems -Emissions of greenhouse gases continue to increase -Impact resulting from emissions continues to grow (the story is familiar...): -Carbon in atmosphere continues to increase -Temperature increase and sea level rise -Ecological impacts (drought, wildlife...) Impacts on people and communities (refugees, disease and health impacts, flooding...)

Transportation- cafe standards

Corporate Average Fuel Economy (CAFE) Standards EPA and DOT in charge of the rules 1975: Congress required DOT to set CAFE standards to reduce U.S. dependence on foreign oil after 1973 Arab oil embargo Amounts of changed slowly over time 2007: Congress passed law to increase to 35mpg by 2020 Instead of incentives or costs to fuels, CAFE indirectly influences energy by making it more expensive for automakers to build inefficient vehicles by introducing penalties

CAFE standards

Corporate Average Fuel Economy standards require automakers to improve auto fuel efficiency

Carbon Tax vs Cap-and-Trade

Different mechanisms, but both rely on market forces to reduce GHG emissions by imposing financial penalty on carbon emissions Carbon tax Increases cost of emitting GHG Higher prices will lower demand for C-based energy, and producers will supply less Cap-and-trade "Cap" limits demand Restricts the supply of C-based energy, and prices will rise until demanded falls to match the amount supplied

Nuclear subsidies

Energy Policy Act 2005: Congress approved additional incentives, including $2 billion in risk insurance to compensate for construction delays; a tax credit of 1.8 cents per kwh, and loan guarantees as well as extension of cap on nuclear liability through 2025 (Extension for 20 years of the Price Anderson Act for nuclear liability protection) The main purpose of the Act is to partially compensate the nuclear industry against liability claims arising from nuclear incidents while still ensuring compensation coverage for the general public. Continued debate over waste

Importance of Energy Policy

Energy central to our national and global economy and lifestyles, yet also fundamentally responsible for many environmental problems (air pollution, nuclear power, hazardous waste...)! US has no comprehensive energy policy, and many government agencies, states, and actors involved so complex

State Policy Examples Feed-In Tariffs (FIT)

Energy supply policy that promotes the rapid deployment of renewable energy resources Offers a guarantee of payments to renewable energy developers for the electricity they produce. Payments can be composed of electricity alone or of electricity bundled with renewable energy certificates Payments generally awarded as long-term contracts set over a period of 15-20 years

Federal Water Pollution Control Act (1956)

Expanded federal support for state water pollution programs and grants for municipal wastewater treatment facilities. Authorized the federal government to initiate interstate "conferences" to encourage cooperative abatement programs. *Abatement: (often in legal use) the ending, reduction, or lessening of something.

Energy policy overview

Factors influencing energy policy are many, ex: Energy demand, prices & world events (Ex: oil and gas) -Energy supply and security (Ex: oil and nuclear) -Indirectly: Environmental concerns (e.g,. air pollution) and global warming! (Ex: wind and biofuels) -Other: weather, technology, political climate... Many types of policies to influence energy use -Energy subsidies -Taxes -Regulation of individual energy sources -Regulation of by-products e.g., air pollution -Provision of services e.g., building of highways or rail lines or transmission lines Etc. Actors influencing environmental policy and energy policy debates are many, ex: -Congress and executive branch -Courts -States -Private sector and individuals/organizations

CPP and the Courts

Feb 2016: Supreme Court's ruled EPA cannot compel states to plan for the nation's first set of power sector carbon regulations until all court challenges conclude (Days later Justice Scalia died)...eventual ruling hangs in the balance! October 2017 EPA administrator Pruitt signs measure to repeal CPP (filed in Federal Register)

Regional Greenhouse Gas Initiative (RGGI)

First mandatory market-based regulatory program in the US to reduce GHG emissions 10 (now 9) Northeastern and Mid-Atlantic states capped and will reduce CO2 emissions from power sector The 2018 RGGI cap is 82.2 million short tons CO2 States sell most emission allowances through auctions and invest proceeds in consumer benefits: energy efficiency, renewable energy, and other clean energy technologies Each state has own program (based on RGGI Model Rule) to limit emissions of CO2 from electric power plants, issue CO2 allowances and establish participation in regional CO2 allowance auctions 2018 report (for 2016 data) In 2016, over $436.4 million in RGGI proceeds were invested in programs including energy efficiency, clean and renewable energy, greenhouse gas abatement, and direct bill assistance From 2009 to 2015, RGGI generated more than $1.77 billion in clean energy and energy efficiency investment for the participating states. These investments have driven $4.3 billion in regional economic growth and 44,700 job-years.

2011 CAFE changes

First-ever rule for heavy vehicles 2011 Heavy vehicles were to get 20% more efficient for 2018 model year Depends on type of vehicle (e.g., garbage trucks: 10% improvement; pickup trucks 15%...) Est. savings of $50 billion in fuel costs and over 500 million barrels of oil over life of program Trucks and buses built in 2014 - 2018 will reduce oil consumption by projected 530 million barrels and greenhouse gas (GHG) pollution by approximately 270 million metric tons 2011 President Obama made auto fuel efficiency signature environmental and energy priority since cars and trucks account for 20% of carbon emissions and >40% of U.S. oil consumption Doubling auto fuel efficiency to 54.5 miles per gallon by 2025 Require automakers to raise average efficiency from 27 mpg today to 36 mpg by 2025 trump proposing to freeze fuel economy standards at 2020 levels through 2026

Subsidies

For much of last 50 years, federal energy tax policy focused almost exclusively on increasing domestic oil and gas reserves and production. U.S. gov. subsidies for oil, natural gas and coal totaled over $500 billion from 1950 - 2006 Relatively few tax incentives promoting renewable energy or energy efficiency! In recent years, increased emphasis on renewables, but considerable uncertainty and instability in tax incentives

Solar energy policy

Funding and research under Carter Under Reagan renewable energy politicized and partisan Tax credits to spur solar energy development in 1970s expired in 1985 Combined with decline in oil prices resulted in collapse of solar energy industry in US R&D budget for solar and other renewables cut dramatically Reduced size and influence of Dept. Energy

Coal and mountains

In Appalachia, companies literally clear mountain tops by using explosives to blast away tops Huge opposition due to impact on streams, biodiversity... Surface Mining Control and reclamation Act (SMCRA) of 1977 intended to curb abuses of strip mining by regulating (instead of banning) but critics say not enforced Under Bush, restrictions eased using CWA "dredge and fill" permit when EPA and Army Corps of Engineers allowed mine waste to be treated as "fill", making it easier to dump waste in valleys and streams.

Carbon taxes

In theory, simple, effective, and multifunctional: Discourage use of carbon-intensive fuels (like coal) and encourage shift to alternative energy sources Also provide revenue to government Several places use taxes to limit carbon-emitting fuels Sweden, British Columbia Canada, Boulder CO Politically, however, taxes are not popular and political opposition to taxes is a given Strong opposition to Clinton's proposed BTU tax

Rapanos v US

John Rapanos sought to fill in three wetland areas on his property in order to build a shopping center. Rapanos ignored warnings from the Michigan Department of Environmental Quality that the area was protected wetlands under the Clean Water Act (CWA). wetlands are covered by the CWA as long as they are adjacent to traditionally navigable waters or tributaries of such waters Rapanos's lands were covered by the CWA as "adjacent wetlands" under the Corps's interpretation of the Act; the sites drained into man-made drains which eventually emptied into navigable rivers and lakes.

Clean Power Plan and CAA

June 2014 Obama administration unveiled new policy to cut carbon pollution from power plants 30% from 2005 levels by 2030 EPA authority to regulate nation's ~600 power plants comes from little-known section of CAA: Section 111(d) Requires states to adopt performance standards for existing sources of pollution EPA sets benchmarks that states must meet and can improve upon Opponents argue: CO2 not covered by CAA (courts disagree) So likely debate will be over how stringent the performance standards can be (and politics...!)

Cap-and-trade

Limit ("cap") on how much C burned and enforce limit by requiring energy producers to hold allowances for each ton of C burned "Trade" reflects that emission allowances could be bought and sold freely Auction (bid for allowances) or Allocation (given set number of allowances for free) Allowances can be traded or sold Cap-and-trade most likely regulatory contender to reduce emissions in US Catching up: global carbon emissions trading will likely double to at least $60 billion+ year

Lead

Major sources of lead: ore and metals processing and piston-engine aircraft operating on leaded aviation fuel, waste incinerators, utilities, and lead-acid battery manufacturers -Levels of lead in the air decreased by 98 percent between 1980 and 2014 -Lead can adversely affect the nervous system, kidney function, immune system, reproductive and developmental systems and the cardiovascular system and oxygen carrying capacity of the blood. -neurological effects in children and cardiovascular effects (e.g., high blood pressure and heart disease) in adults. -Infants and young children especially sensitive to even low levels of lead, which may contribute to behavioral problems, learning deficits and lowered IQ -Primary and Secondary standards (2008 revision) Averaging time: 3-month period, Level: not to exceed 0.15 µg/m3

State and Local Governments

Many different says that states, cities, and other entities can fill in the vacuum caused by weak federal action

Heavy trucks, energy, and air pollution

Millions of trucks on our roads Estimated commercial trucks used 22 billion gallons of diesel fuel and a significant fraction of the 150 billion gallons of gasoline and ethanol sold in 2010 "A typical long-haul truck, running 150,000 miles a year at 6 miles a gallon, is burning 25,000 gallons a year... At a price of $4 a gallon, that comes to $100,000 for fuel. That is a big number..." (NYT 8-9-11) ...and a lot of CARBON & POLLUTION! Historically not strong CAFE standards for trucks (helping to encourage growth of pickups and SUVs!)

Solar: good news

Nearly 260,000 Americans work in solar - more than double the number in 2012 - at more than 9,000 companies in every U.S. state. The cost to install solar has dropped by more than 70% since 2010, leading the industry to expand into new markets and deploy thousands of systems nationwide 2,387 MW installed in Q1 2017, Largest Q1 in history Over 47 GW of total solar capacity now installed Generates enough electricity to power 9.1 million homes Solar prices dropped 19% over the last 12 months In the first half of 2016, solar accounted for 26% of all new electric generating capacity brought on-line in the U.S.

1977 Amendments

New source Performance Standards to ensure new air pollution sources installed advanced emission controls -Existing power plants exempted ("grandfathered") on the grounds too expensive to retrofit, but if major modifications to increase capacity, required to go through New Source review (NSR) permitting process -Grandfathering idea was that old plants would shut down over time -Created incentive to keep older plants

The Coastal Zone Management Act

Offers federal assistance to states that adopt federally approved coastal zone management plans a requires that federal actions in coastal areas to be consistent with state programs. Amended in 1990 to require states to adopt programs to control non-point sources of coastal water pollution.

Federal example: Solar investment tax credit (ITC)

One of the most important federal policy mechanisms to support solar energy in the US. 30% tax credit for solar systems on residential and commercial properties ITC has helped annual solar installation grow by > 1,600% since ITC implemented in 2006 - a compound annual growth rate of 76% Existence of ITC through 2023 provides market certainty for companies to develop long-term investments The ITC then steps down to 26% for projects that begin construction in 2020 and 22% for projects that begin in 2021. After 2021, the residential credit will drop to zero while the commercial and utility credit will drop to a permanent 10 percent.

1990 Amendments

Passed by large votes, both the House of Representatives (401-21) and Senate (89-11) Cap-and-trade system for SO2 after concern of acid rain -Law cut total allowable SO2 emissions to 10million tons below 1980 levels and assigned emission reductions to large sources -By 2005, amendments to the clean air act adopted in 1990 cut SOx emissions by about 35% and NOx 46% from 1990 levels, at cost well below government and industry projections -Added provisions requiring the phase-out of ozone-depleting chemicals, roughly according to the schedule outlined in international negotiations (Revised Montreal Protocol) -Added specific research and development provisions, as well as detailed programs to address accidental releases of toxic air pollutant

California cap-and-trade program

Passed in 2006 Limits on sources responsible for 85% of CA GHG Emissions

energy sources, primary consumption in US

Petroleum, natural gas, coal

Nuclear waste policy

Problems with managing waste 1987 Nuclear Waste Policy Act directed DOE to build repository inside Yucca Mt to store 70,000 tons of high-level nuclear waste (but we need 105,000 tons by 2035!) 2002: after 20 yrs and $4 billion, Sec. Energy Spencer Abraham formally recommended Yucca as repository But continued roadblocks, expensive, criticism: Nevada, for example, challenging EPA standards of long-term doseage of radiation in court, along with DOE plan to designate rail line corridor to ship waste 2009: Sec Energy Chu: On hold, looking for alternative 2011 Federal funding ended under Obama administration because of lack of support (but court challenges)

1972 Federal Water Pollution Control Act (1977 became Clean Water Act)

Prohibits unpermitted discharges into the navigable waters of the US of pollutants from point sources, imposes effluent limitations on dischargers, and requires statewide planning for control of pollution from non-point sources. Key elements: -Regulation of publicly-owned treatment works (POTW) -Section 402: Regulation of point source pollution by requiring industrial and municipal dischargers to obtain National Pollution Discharge Elimination Systems (NPDES) permits -Section 303 (d): Requires states to identify waters that are impaired by pollution, even after application of pollution controls by establishing Total Maximum Daily Load (TMDL) of pollutants -Section 319: Requires states to implement non-point source pollution management programs -Section 401: Requires an applicant for a federal license or permit provide a certification that any discharges from the facility will comply with CWA -Section 404: No one can discharge dredged or fill materials into a wetland without obtaining a permit from the ACE and subject to EPA guidance

Market-oriented energy policy

Reagan era: energy policy became more deregulated, market oriented, less government involvement High crude oil prices led to reduced US petroleum consumption from 1978-82 and more substitution of other fuels; more conservation Faced with loss of market share, OPEC increased production, lowering prices (form $27/barrel '85 to $14/barrel '86) Prices remained low until Gulf War I (but OPEC helped to boost production this time)

State Policy Examples

Renewable energy access laws typically apply to solar and wind resources. Solar and wind access laws are designed to protect a consumer's right to install and operate a solar or wind energy system at a home or business Currently (2014) 43 states and the U.S. Virgin Islands have renewable access laws that require utilities to purchase excess power generated by consumer arrays Efforts to roll back some of these initiatives in some states Production incentives provide cash payments based on the number of kilowatt-hours (kWh) a renewable energy system generates

SD Warren Co v Maine Board of Environmental Protection (2006)

S. D. Warren Co. v. Maine Board of Environmental Protection, 547 U.S. 370 (2006), was a case decided by the Supreme Court of the United States involving licensing requirements under the Clean Water Act. The Court ruled unanimously that hydroelectric dams were subject to section 401 of the Act, which conditioned federal licensing for a licensed activity that could result in "any discharge" into navigable waters upon the receipt of a state certification that water protection laws would not be violated. The Court believed that since the Act did not define the word "discharge" it should be given its ordinary meaning, such that the simple flowing forth of water from a dam qualified.

SO2 and NOx

S0x SO2 is the component of greatest concern and is used as the indicator for the larger group of gaseous sulfur oxides (SOx). Other gaseous SOx (such as SO3) are found in the atmosphere at concentrations much lower than SO2 Largest source of SO2 in atmosphere is burning of fossil fuels by power plants and other industrial facilities Short-term exposures to SO2 can harm human respiratory system and make breathing difficult. 2010: 1-hour standard at a level of 75 parts per billion (ppb) NO2 Primarily gets in air from burning of fuel. NO2 forms from emissions from cars, trucks and buses, power plants, and off-road equipment. Irritate airways in the human respiratory system. Such exposures over short periods can aggravate respiratory diseases, particularly asthma 2010: 1 hour standard at a level of 100 ppb (98th percentile, 1-hour daily maximum, averaged over 3 years)

Other responses (energy policy)

Short-term policies -Open Strategic Petroleum Reserve -Allow energy prices to increase Longer-term policies -Increase taxes to decrease consumption -Tax incentives to promote production -Open new areas to leasing and exploration -Research and development -Regulations (e.g., CAFE standards, efficiency standards for appliances or buildings, labeling, tax incentives to promote efficiency, alternative energy sources, etc.) ...but because of low fossil fuel prices sometimes little impact ...So changes in supply, demand, and cost can spur concern and action or complacency in our federal oil energy policies

Was CAA successful?

Since 1970 6 criteria pollutants decreased >50% Air toxics from large industrial sources (chemical plants, refineries, paper mills) reduced 70% New cars 90% cleaner Production of ozone-depleting chemicals almost eliminated

SIPs

States regulate emissions to meet EPA standards States required to establish enforceable plans (State Implementation Plans [SIPs]) to meet NAAQs -Sanctions for noncompliance include removing eligibility for federal funds or EPA imposed SIP (called Federal Implementation Plan, or FIP) Generally states have relied on emissions standards (limits on specific discharge points) to fulfill this obligation, though increasingly tradable permits are being used -Stricter emissions standards are required for those sources located in those areas (known as nonattainment areas) where the ambient standards are being violated -But major problem since many areas are non-attainment (e.g., S. CA), threat of FIP rarely used, changing deadlines -State plans also must control emissions that drift across state lines and harm air quality in downwind states -New stationary sources (e.g., power plants and factories) must use best available technology, and allows less stringent standards for existing sources.

CO2 and the courts

States, cities, and organizations petitioned EPA to regulate emissions of GHGs, including CO2 because CAA requires that: EPA "prescribe...standards applicable to the emission of any air pollutant from any class...of new motor vehicles...which cause[s], or contribute[s] to, air pollution...reasonably...anticipated to endanger...public health or welfare..." CAA defines "air pollutant" to include "any air pollution agent...including any physical, chemical...substance...emitted into...the ambient...air.." EPA (Bush Admin) denied the petition In landmark Massachusetts v. EPA (2007), Supreme court ordered Bush administration to re-examine its decision Court directed EPA to consider regulating CO2 emissions from motor vehicles and reconsider whether a pollutant harmful to humans EPA stalled on these efforts under Bush admin

The Safe Drinking Water Act (1974, amended 1986, 1996)

The Act is the primary federal law that ensures that quality of public drinking water from rivers, lakes, reservoirs, springs, and ground water wells (but does not regulate private wells serving <25 individuals). EPA sets national health-based standards for drinking water quality and oversees states, localities, and water suppliers who implement those standards.

Water Quality Act (1948)

The Act provided funding for research and grants and low interest loans to states and local governments for water pollution control program. For the first time authorize federal government to act against pollution on interstate

Water Quality Act (1965)

The law to state explicitly "national policy for the prevention, control, and abatement of water pollution." States required to adopt water quality standards for interstate water subject to the approval new Federal Water Pollution Control Administration (sponsored by Senator Muskie). The act expanded or provided funding for constitution and state planning efforts to promote water quality management and to develop implementation plans.

Clean Power Plan

The proposal has two main elements: State-specific emission rate-based CO2 goals EPA sets goal, does not prescribe how a state should meet its goal since each state has unique energy/policy considerations: utility regulatory structure, generation mix and electricity demand Originally rate approach (lbs CO2 per MWh of electricity generation); Nov 2014 gave guidance on mass-based targets (pounds of CO2) Guidelines for the development, submission and implementation of state plans Once completed, would place binding emissions rate targets on state power sectors

Wind

Total U.S. installed wind capacity, through end of 2016: equivalent number of average American homes powered in a year by current installed wind capacity: 25 million Total number of operating utility-scale wind turbines: >52,000

Nuclear Power

US world's largest producer of nuclear power, accounting > 30% worldwide nuclear generation of electricity. 99 nuclear reactors produced 805 billion kWh in 2016, almost 20% of total electrical output. Two reactors under construction. Following a 30-year period in which few new reactors were built, it is expected that two more new units will come online soon after 2020, these resulting from 16 licence applications made since mid-2007 to build 24 new nuclear reactors.

Yukka Mountain

Was supposed to meet EPA's Safe Drinking Water Act standards, and all standards related to radiation were to apply for a period of 10,000 years after the facility is closed (!?) using standards developed under the Nuclear Waste Policy Act.

CPP 2018

Yesterday (Oct 31) was last day to respond to Trump proposal to repeal CPP with "Affordable Clean Energy (ACE) Rule Estimated to cause up to 1,630 more deaths in 2030 Among many items, would weaken New Source Review standards Result in more CO2, SOx than CPP