October 8 Colorado Energy Cheat Sheet: Ozone rule and Colorado; ‘ban fracking’ resurfaces in Denver; ‘Fossil Fuel Free Week’ proves a challenge

Be sure to check out and like our Energy Cheat Sheet page on Facebook for daily, up-to-the minute updates that compliment our weekly “best of” on the I2I Energy Blog.

Let’s open with a great piece from Lachlan Markay at the Free Beacon on the ways proponents of the Environmental Protection Agency’s raft of new policies, especially the Clean Power Plan, went on the offensive before the regulation was even finalized:

Supporters of a controversial Environmental Protection Agency regulation commissioned Democratic pollsters to plot ways to attack the motives and credibility of the regulation’s critics, documents obtained by the Washington Free Beacon reveal.

Aides to a dozen Democratic governors and the Democratic Party’s gubernatorial advocacy arm circulated talking points and political messaging memos on EPA’s new power plant regulations that laid out ways to “sow doubts about our opponents [sic] motives,” in the words of one of those memos.

The previously unreported documents, obtained by the Energy and Environment Legal Institute through an open records request and shared exclusively with the Free Beacon, provide a window into the Democratic messaging machine’s approach to an issue that its own pollsters acknowledge is a hard sell among its target voter demographics.

Read the whole thing.

***

In what was certainly intended as a launching point for local national anti-energy, “ban fracking” advocates, last weekend’s confab in Denver–no doubt brought to us in no small part by fossil fuels–ramped up their efforts, as Energy In Depth’s Randy Hildreth writes:

National “ban fracking” groups descended on Denver this afternoon to protest oil and gas development as part of the “Stop the Frack Attack National Summit.”

For anyone still wondering if this was a Colorado effort, EID was on hand to note that when a speaker asked the crowd, “How many of you are from out of state?” attendees erupted into cheers. And while the group managed to draw roughly 100 participants, judging from the cheers of out of state folks, we’re guessing the showing was pretty sparse from Colorado (which, of course means they all got into planes and cars burning fossil fuels to get here).

Plenty of photos of the protestors at the link.

So what are they amping/ramping up?

Although Colorado-based environment groups such as Conservation Colorado didn’t participate; the demonstrations drew support from national groups, such as the Sierra Club, and impassioned “fractivist” residents. A group called Coloradans Resisting Extreme Energy Development has declared the COGCC illegitimate and is developing ballot initiatives including a statewide fracking ban.

“Local control” just means “ban fracking” and all other oil and gas development, using a few local fractivists for cover, a pattern of political posturing since at least the 2013 off-year election cycle, when national anti-fracking groups enlisted or created local branches to push ballot measures at the municipal level.

***

Around Colorado:

“…groups do not believe grazing is compatible with the monument’s mission to protect ancient ruins…”

How big an economic driver is oil and gas development? Energy In Depth took a national look:

While these cities lie in different geological regions, they do have one thing in common: shale development. Oil and gas development in these cities was the biggest economic driver throughout 2014. For instance, take a look at the Greeley, Colorado metropolitan area, which encompasses Weld County, where a large percentage of shale development is taking place. It grew its GDP by 9.9 percent in 2014 and ranks fourth in the nation in terms of percent growth. According to a BizWest.com article:

“Greeley’s 2014 growth was dominated by the mining sector, which includes oil and gas extraction, growing by 24.6 percent from the previous year.”

***

Some early analysis on the EPA’s recently announced ozone rule, set at 70 ppb. Colorado’s unique geographical and topographical situation mean that even at a higher level (original discussions for the ozone rule included possibly lowering the target to 60 ppb from 75), the state will face plenty of difficulties, including some entirely out of the state’s control:

“We don’t expect that the non-attainment areas will expand geographically,” said Will Allison, the director of the Colorado Department of Public Health and Environment’s air pollution control division.

But state officials do have concerns about the new standard’s impact on the state, and they will be talking to the EPA about issues unique to Colorado and other western states, such as the fact that the Rocky Mountains can act as a trap for air pollution flowing across the Pacific Ocean from Asia, Allison said.

The state’s high altitude and pattern of lightning storms also contribute to ozone levels — but there’s very little Colorado officials can do to interfere with Mother Nature.

Heritage Foundation–4 Reasons Congress Needs to Review the EPA’s Ozone Standard

Institute for Energy Research–EPA Finalizes Costly, Unnecessary Ozone Rule

In 2010, EPA reconsidered the 2008 standard and EPA’s delay means that implementation of the 2008 standard is now behind schedule. But instead of waiting until localities are complying with the 2008 regulation, EPA is imposing a newer, stricter standard that puts more counties out of attainment even though ozone levels are decreasing. Below is a map depicting the areas that are projected to be out of compliance under a 70 ppb standard.

ozone 70 ppb

National Association of Manufacturers–New Ozone Rule Will Inflict Pain on Manufacturers, Finalized Regulation Still Feels Like a Punch in the Gut

“Today, the Obama Administration finalized a rule that is overly burdensome, costly and misguided,” said Timmons. “For months, the Administration threatened to impose on manufacturers an even harsher rule, with even more devastating consequences. After an unprecedented level of outreach by manufacturers and other stakeholders, the worst-case scenario was avoided. However, make no mistake: The new ozone standard will inflict pain on companies that build things in America—and destroy job opportunities for American workers. Now it’s time for Congress to step up and take a stand for working families.”

According to the National Journal, the new ozone rule has pretty much ticked off everyone concerned, including those on the side of the current administration:

After a ban­ner second term that has seen the most ag­gress­ive ac­tion on cli­mate change from any ad­min­is­tra­tion, the Obama ad­min­is­tra­tion just opened up a new fault line with en­vir­on­ment­al­ists.

The En­vir­on­ment­al Pro­tec­tion Agency today re­leased its new air-qual­ity stand­ards for ground-level ozone, lower­ing the al­low­able level from 75 parts per bil­lion to 70 ppb. That’s well short of what en­vir­on­ment­al­ists and pub­lic-health groups had been push­ing and a level they say wouldn’t do enough to pro­tect pub­lic health.

In­dustry groups and Re­pub­lic­ans, mean­while, are not likely to be any hap­pi­er—they have been long op­posed to any stand­ard lower than the status quo be­cause of the po­ten­tial cost of com­pli­ance.

The enviros are fuming.

***

The EPA’s shady procedural efforts appear to have killed natural resource development in Alaska, using hypotheticals and possibly in collusion with environmentalists, according to a new report, writes the Daily Caller’s Michael Bastasch:

The EPA may have rigged the permitting process in the Alaskan copper mining project, possibly hand-in-hand with environmentalists, to defeat the Pebble Mine before it even had a chance, a new report by an independent investigator suggests.

“The statements and actions of EPA personnel observed during this review raise serious concerns as to whether EPA orchestrated the process to reach a predetermined outcome; had inappropriately close relationships with anti-mine advocates,” reads a report by former defense secretary William Cohen, who now runs his own consulting firm.

The Pebble Partnership hired Cohen to review the EPA’s decision not to allow the Pebble Mine to seek a permit for mining copper near Alaska’s Bristol Bay. Cohen’s report only looked at the process the EPA used to pre-emptively veto the Pebble Mine. He did not make any conclusions on the EPA’s legal authority to do so or whether or not the mine should even be built.

Cohen found that the EPA’s “unprecedented, preemptive” use of the Clean Water Act to kill the Pebble Mine relied on a hypothetical mining project that “may or may not accurately or fairly represent an actual project.”

The Wall Street Journal added:

“It is by now beyond dispute that the Environmental Protection Agency went rogue when it halted Alaska’s proposed Pebble Mine project. And yet, there’s more.

The more comes via an independent report that criticizes the agency for its pre-emptive 2014 veto of Pebble, a proposal to create the country’s largest copper and gold mine in southwest Alaska. Under the Clean Water Act, the Army Corps of Engineers evaluates permit applications for new projects. The EPA has a secondary role of reviewing and potentially vetoing Corps approval. Here, the EPA issued a veto before [emphasis in original] either Pebble could file for permits or the Corps could take a look.”

***

Mountain States Legal Foundation’s William Perry Pendley on the latest private property battle vs. federal land managers–”The U.S. Supreme Court on Friday is scheduled to consider whether to take up a case from Utah that could determine whether federal land managers can steal a citizen’s private property.”

***

Native American energy production faces Democrat opposition:

House Democrats are expected to oppose legislation this week that would remove regulatory burdens for energy production on Native American land that tribes say have cost them tens of millions of dollars.

The Native American Energy Act would vest more regulatory authority over tribal energy production with the tribes themselves, rather federal regulators that have recently sought more stringent regulations on oil and gas production on federal land.

The bill passed out of the House Natural Resources Committee last month with just a single Democratic vote. Among its provisions is language that would exempt tribal land from new Interior Department regulations on hydraulic fracturing, an innovative oil and gas extraction technique commonly known as fracking.

***

Last but not least, the Western Energy Alliance’s “Fossil Fuel Free Week” concluded last week, and it was a tough challenge (if you’re reading this right now, you’ve failed:

Fossil Fuel Free Week, organized by Western Energy Alliance, has concluded and succeeded in getting people to think about the role of oil and natural gas in their daily lives. The campaign was designed in response to numerous anti-fossil fuel protests in recent months, such as the Keep It In The Ground Coalition, various anti-fracking rallies, demonstrations against Keystone XL and other pipelines and rail transport, the divestiture movement, and kayaktivists against arctic drilling.

The key lesson from the campaign is environmental groups, when directly challenged, fail to provide workable alternatives that replace the full spectrum of products provided by fossil fuels. Instead they respond by being predictably dismissive and offer vague visions for the future, as President Tim Wigley of the Alliance explains:

“As we’ve seen with recent protests, environmental groups incite anger amongst their supporters while dangling fossil fuels in effigy. Yet not accustomed to being poked fun of themselves, environmentalists reacted reflexively to the Challenge, offering weak observations by calling it ridiculous, snarky and a ploy. Well…yes!

September 10 Colorado Energy Cheat Sheet: Colowyo Mine survives WildEarth legal challenge; EPA stumbles in Congressional hearing

September 10, 2015 by michael · Comments Off
Filed under: Archive, Environmental Protection Agency, regulations, renewable energy, wind energy 

First up, the first of 4 free panels in September and October designed to highlight the impacts of EPA regulations–Clean Power Plan, ozone rule, and the Waters of the United States:

“The Coming Storm of Federal Energy and Environmental Regulations and their impact on Colorado families, business and economy”
Southwest Weld County Services Center
4209 WCR 24 1/2
Longmont, CO 80504
Wednesday, September 23, 2015 from 11:30 AM to 1:00 PM (MDT)
Longmont, CO

Are you concerned about all the new regulations coming out of Washington, D.C.? Want to know more about how EPA regs on carbon, ozone, and water will impact you, your family, and your community? Want to know what you can do about them?

Then join us for a free panel event featuring:
Dan Byers, Institute for 21st Century Energy U.S. Chamber of Commerce
Amy Cooke, Independence Institute, Executive Vice President and Director of the Energy Policy Center
Tony Gagliardi, Nations Federation of Independent Business, Colorado State Director
Senator Kevin Lundberg, Colorado State Senate Republicans
Moderator: Michael Sandoval

We provide the lunch and experts. You provide the questions.
Questions: Cherish@i2i.org or 303-279-6536 x 118

Event Sponsors:
Independence Institute, Americans for Prosperity, NFIB–The National Federation of Independent Business, and Colorado State Senate Republicans

Top Headlines

For folks in northwest Colorado, some much-needed resolution in the Colowyo mine legal challenge initiated by the WildEarth Guardians earlier this year:

A Colorado coal mine slated for closure due to a technicality has gotten a reprieve from the federal government in a move that could save hundreds of jobs.

The Colowyo coal mine, which has provided hundreds of jobs and millions of dollars to the economy of the city of Craig and the northwestern region of the state since 1977 was in danger of being closed because a renewal permit drafted eight years ago did not take into account the mine’s impact on climate change. An environmental group sued in a bid to invalidate the permit. A court-ordered review by the Department of the Interior and an environmental assessment by the Office of Surface Mining Reclamation and Enforcement (OSM) found there was no significant environmental impact and validated the permit.

“We are grateful to the staff at the Office of Surface Mining and the other cooperating agencies for their diligence and hard work to complete the environmental review within the short timeframe ordered by the judge,” Mike McInnes, chief executive officer of Tri-State Generation and Transmission Association, which owns Colowyo Mine, said in a released statement provided to FoxNews.com.

But if you think the WildEarth Guardians are content to settle with this outcome, you’d be wrong:

WildEarth Guardians was satisfied with the new assessment, said Jeremy Nichols, the group’s climate and energy program director. They are not planning any further legal challenges to Colowyo.

“That said, we do see some room for improvement,” he said.

Nichols noted the new assessment estimates the mine could emit nearly 10 million tons of greenhouse gases every year. He said that doesn’t square with the federal government’s plan to fight climate change.

“If the Interior Department continues to give short shrift to carbon emissions and climate consequences of coal mining,” Nichols said, “There will be mines shut down. We’re not going to be so generous moving forward.”

The ultimate goal of Nichols’ group is to kill coal. They were simply unsuccessful here, trying to move forward on a technicality or improper paperwork. Make no mistake, this wasn’t about the agencies or the mine doing things by the book–this was an attempt to throw the book at the mine and hoping it would stick. It did not for Colowyo, but it might for Trapper, another mine in WildEarth Guardians’s path.

More on what Colowyo mine decision.

Moffat County Commissioner John Kinkaid posted this short statement to Facebook following the decision:

I just got a personal phone call from Sen. Michael Bennet. He wanted to let me know that largely due to my efforts, Colowyo miners will be able to keep working and get on with their lives. He told me that I did a great job in advocating for northwest Colorado and getting the Secretary of Interior’s interest and help.

What a great complement.

However, you and I both know that many people worked very hard and effectively to achieve a positive outcome. Too many people to mention. And there was so much Divine intervention, as well. You know as well as I, that I’m not that smart and not that talented.

I’m so grateful for all of the assistance that we received. And yes, it was nice to get a complement from Michael Bennet. It just needs to be kept in perspective.

And of course the war on coal continues.

***

Video from yesterday’s House Committee on Science, Space, and Technology hearing on the Environmental Protection Agency and the Gold King mine spill:

EPA Administrator Gina McCarthy did not appear at hearing.

Cleanup projected to cost at least a buck per gallon spilled, or $3 million.

During the hearing, the EPA commitment to transparency was called into question almost immediately, due to what appeared to be selective editing of a video of the initial moments of the spill, when a worker at the mine exclaims, “What do we do now?”:

The Environmental Protection Agency replaced a doctored video from the Gold King mine spill with the original Wednesday after being called on the discrepancy during a House committee hearing.

Rep. Bill Johnson, Ohio Republican, showed both versions during the hearing before the House Science, Space, and Technology Committee, pointing out that the version posted on the EPA website covers up the voice of a worker as contaminated water spills from the mine saying, “What do we do now?”

EPA spokeswoman Laura Allen said the redacted video was “posted by mistake.”

“The unredacted version was meant to be shared on the EPA website,” Ms. Allen said in an email. “We’ve since removed the redacted version and replaced it with the unredacted version, as was originally intended.”

The quick change is admirable but the question remains–has other information released, including the videos and other documentation, been similarly redacted, edited, or manipulated? Even if it has not, the EPA’s misstep in “bleeping” the comment in the video surely doesn’t endear it to folks already suspicious of the agency’s own review of its conduct and handling of the August spill.

The Gold King mine’s owner was also not impressed by the EPA’s testimony, alleging the agency was, at the very least, misleading:

An Environmental Protection Agency official lied during a congressional hearing Wednesday when he said the agency responded to a Gold King Mine “cave-in” when in fact EPA contractors created the disaster by barricading the mine last summer, the owner of the mine has charged.

“This was a result of cave-ins and water buildup. That’s why we were there at the time,” said Mathy Stanislaus, assistant administrator of the EPA’s Office of Solid Waste and Emergency Response. His boss, Administrator Gina McCarthy, did not attend the first congressional hearing into the Animas River Spill, held by the House Committee on Science, Space and Technology.

Although Stanislaus was grilled on other issues such as transparency and double standards pertaining to non-government spills, none of the representatives drilled into Stanislaus’ claim that the Colorado spill was a result of natural forces.

But his comments weren’t lost on Todd Hennis, Gold King’s owner.

“It’s absolute baloney of the worst sort,” Hennis said immediately after the hearing. “They blocked off the flow of water out of the drain pipes and they created the huge wall of water in the Gold King by their actions last year.”

Two more hearings in different Congressional committees are scheduled for next week.

***

Speaking of the EPA in the limelight, Hollywood’s toxic avenger Erin Brockovich visited Navajo Nation in the wake of the Animas River spill:

Environmental activist Erin Brockovich, made famous from the Oscar-winning movie bearing her name, on Tuesday accused the U.S. Environmental Protection Agency of lying about how much toxic wastewater spilled from a Colorado mine and fouled rivers in three Western states.

Her allegation came during a visit to the nation’s largest American Indian reservation, where she saw the damage and met with Navajo Nation leaders and farmers affected by last month’s spill, which was triggered by an EPA crew during excavation work.

Brockovich said she was shocked by the agency’s actions leading up to the release of waste tainted with heavy metals and its response afterward.

“They did not tell the truth about the amount. There were millions and millions of gallons,” she said while speaking to a crowd of high school students in Shiprock, New Mexico.

Lack of communication by the EPA and its employees in the aftermath of the spill is a consistent theme, and this Durango Herald piece is no different:

In the wake of the Gold King Mine spill, many questions have been asked and fingers have been pointed at the EPA, the agency tasked with remediating the Silverton Caldera, when it underestimated the pressure behind the abandoned mine, triggering the spill.

One issue the event did expose is the EPA’s lack of protocols for notifying downstream communities in the event of a massive blowout – a point the agency has admitted it was not prepared for.

In a prepared statement, the federal agency said a crew of EPA personnel and hired contractors accidently caused the spill at 10:51 a.m., who were then trapped without cellphone coverage or satellite radios.

It wasn’t until 12:40 p.m., after a mad rush to find the correct personnel and reach an area with phone reception that the EPA contacted by two-way radio a state worker who was inspecting a mine in another area.

The EPA’s protocols mandate it must first notify state agencies in the event of an emergency situation. The EPA’s same statement said the Colorado Department of Public Health and Environment contacted local agencies by 1:39 p.m.

***

LINKS

Weld County, the state’s top oil and gas producer, continues to thrive. This includes the county’s more rural parts, bucking a nationwide trend away from rural areas:

Grover and New Raymer are both surviving because of the energy industry, which is a justifiable reason for the residents to live farther out because there are different types of jobs available in the areas. Atop of oil and gas and wind, both towns have people living in their communities who work as ranchers and farmers.

“I think one of the things that’s unique about Weld County is there are multiple industries,” said Julie Cozad, Weld County commissioner and Milliken resident. “Agriculture, oil and gas, and a lot of other companies. The availability of the railway and land helps have any industry here.”

Even for communities like Grover, which is a lengthy distance away and has no gas station in town, the town’s people are not deterred from living there because to them the drive to Greeley or Cheyenne is a reasonable distance and worth the drive.

“There’s enough of a benefit here,” Beerman said. “They see many pros, then cons. People here realize they’re going to have to drive for amenities. We don’t have a gas station in town, but people understand that when you live out here.”

And as for the state’s second largest oil and gas area, Garfield County:

RIFLE — Garfield County has hit another milestone in oil and gas production, with its tally of active wells now topping 11,000, more than one-fifth of the statewide total.

At current drilling rates, though, it could take several years before that number exceeds 12,000. Drilling activity in the county hasn’t been this low in 15 years, and the total number of rigs punching new wells in the region is down to just five — three in Garfield County and two in Mesa County.

Garfield County still remains the second-busiest county in the state for oil and gas activity. Weld County leads the state in well starts this year, at 798. Mesa County is third among counties, with 52 well starts, and Rio Blanco County fifth, with 16.

***

Coloradans think a greater sage-grouse listing as “endangered” is unnecessary, with local efforts sufficient to maintain the species without precipitating more lawsuits:

The federal government will decide whether to list the greater sage grouse as endangered under the Endangered Species Act later this month.

Another species of the bird, the Gunnison sage grouse, was listed as threatened last November. That experience may offer some lessons about what type of public response the feds can expect.

The Gunnison grouse listing isn’t the strictest classification under the Endangered Species Act. Instead, the listing represented an attempt by the U.S. Fish and Wildlife Service to recognize efforts in Gunnison to protect the bird. But in the end the decision seemed to please no one.

The state of Colorado and Gunnison County sued the federal government because they thought the listing went too far. Some environmental groups sued because they said it didn’t go far enough. Similar lawsuits are expected after the greater sage grouse decision.

***
What makes Denver’s eco-bike B-cycle successful? Apparently, fossil fuels (compressed natural gas):

The flood of red bikes begins shortly after 7 a.m. As the sun climbs, the tide of work-ready riders rolls into downtown, a pedaling wave threatening to overwhelm a handful of Denver B-cycle stations. But somehow, there are always empty docks. Even as the deluge peaks before 9 a.m., riders find spots for their bikes and everyone is in the office on time.

No one seems to notice the white trucks shuttling bikes away from the stations at the top of 16th Street at Broadway. The drivers swiftly load their trailers and pickup beds with as many as 24 bikes and move them up the hill to B-cycle stations around Capitol Hill.

This perpetual bike-shuffling is an essential balancing act that races against riders to keep Denver’s nonprofit first-mile, last-mile transit system flowing.

Without the efficient, technology-assisted redistribution of the fleet of 709 B-cycles across 87 stations, bikes will clog the wrong places at the wrong time, the system will falter, customers will drop off and sponsors will bail.

Rearranging B-cycles is a mix of art, science, craft and intuition. One bike is shuffled for every seven B-cycle rides.

***

This week’s “you can’t make this stuff up” entry:

Waste from animals and visitors “has to go somewhere,” Lopez said. “It’s very ingenious to be able to convert it into energy. This is safe. And it is not going to stink up anything.”

But the Sierra Club and neighbors are ramping up opposition, wary of increased noise, pollution, odor and other disruption of park serenity.

“The Sierra Club strongly opposes combustion of municipal solid waste. It has proven impossible for industry to develop a combustion process, even with a large biomass proportion, that does not produce unacceptable toxic and hazardous air emissions,” said Joan Seeman, toxic issues chairperson for the club. “The zoo should recycle their paper, cardboard and plastics, as well as compost, instead of destroying these valuable resources.”

Alternate headline: ‘Sierra Club opposes alternative energy’.