December 10 Colorado Energy Cheat Sheet: Fracking ban faces CO Supremes; fracktivist compares technology to slavery; House GOP calls Interior EPA spill report a “whitewash”
Filed under: CDPHE, Environmental Protection Agency, Hydraulic Fracturing, Legal, Legislation, regulations, renewable energy, solar energy, wind energy
Yesterday, the Colorado Supreme Court heard arguments over Longmont’s fracking ban:
On Wednesday, the state’s highest court will consider Longmont’s voter-approved ban on hydraulic fracturing within city limits.
Longmont voters added the ban to the drilling method, also called fracking, to the City Charter in 2012, convinced that a city-negotiated set of regulations on oil and gas drilling didn’t go far enough.
Both the regulations and the ban brought lawsuits from the Colorado Oil and Gas Association, an industry trade group. The oil and gas regulations lawsuit was dismissed as part of a compromise brokered by Gov. John Hickenlooper before the 2014 election.
The suit on the charter ban, however, has progressed through district court and the Colorado Court of Appeals and is now before the Colorado Supreme Court.
The city has argued that the state allows for local control, that Longmont voters should be able prohibit a type of drilling in city limits.
It is not known when a ruling can be expected.
Speaking of local fracking bans, Colorado Peak Politics found this gem from “fractivist Maria Orms, head of North Metro Neighbors for Safe Energy, at an Adams County Communities for Drilling Accountability Now (ACCDAN) meeting”:
“If you accept anything like an MOU [memorandum of understanding], that’s your terms of surrender…signing an MOU is collusion with the oil and gas industry. We need to talk to our county commissioners and tell them not to agree to any of this.
“Apartheid was legal at one point. Would you agree with that? Slavery was legal. Didn’t make it right. Well, maybe that doesn’t apply here to an environmental issue, this is not right, do not agree to this.”
Adding more time and uncertainty to drilling operations in Colorado as a result of Gov. John Hickenlooper’s fracking task force recommendations has operators weighing risks and reconsidering Colorado operations:
“The risk [to operate] in Colorado has gone up because of this potential rule or potential application of this on a case-by-case basis,” Wonstolen said.
The COGCC on Monday held its third day of hearings on controversial proposed rules to implement two recommendations from Gov. John Hickenlooper’s oil and gas task force in February.
The recommendations, No. 17 and 20, focused on increasing the communications between local governments and energy companies about where new oil and gas wells would be located in and around neighborhoods. It also called for the impacts of those new wells to be mitigated through best management practices.
But where the proposed rules would be enforced, and how the impacts would be mitigated, has spawned a months-long battle that’s expected to drag into next year. Another day of hearings is expected to be scheduled in late January.
Oil and gas industry representatives said the COGCC’s rules go too far. Citizen groups and representatives from local governments said they don’t go far enough.
And one other recommendation from the Governor’s task force calling for a complaint line on oil and gas operations has begun collecting said complaints:
A new state-run program created to field and respond to health concerns related to oil and gas operations has started to receive complaints.
As of Thursday evening, the new Oil and Gas Health Information and Response Program had fielded 20 complaints, according to Dr. Daniel Vigil, who is heading the program within the Colorado Department of Public Health and Environment.
The program began Oct. 15, allowing people to file a health concern and access information. Information includes “unbiased” staff reviews of existing research on the health impacts related to oil and gas development, said Vigil.
In addition, a mobile air monitoring program is being designed and is expected to be completed in the spring.
The health response program, which Vigil said is the first of its kind in the country, was one of nine approved recommendations from a task force created by Gov. John Hickenlooper as part of a compromise to avoid multiple oil- and gas-related ballot issues in 2014.
It will remain to be seen how “unbiased” those review remain, and whether or not a concerted effort by anti-energy forces moves to overwhelm the complaint system in an effort to draw attention.
Carbondale is implementing government carbon fees based on energy consumption as state and federal subsidies for renewable energy disappear:
“Carbon fees harness market forces to encourage local investment in energy efficiency and renewable energy,” Michael Hassig, former Carbondale mayor, said in a prepared statement. “We have to take what steps we can, now, right here in our own community, to reduce fossil fuel consumption.”
In 2010, Carbondale set the goals of increasing energy efficiency by 20 percent; reducing petroleum consumption 25 percent; and obtaining 35 percent of energy from renewable sources all by 2020. These figures are measured off of a 2009 baseline.
One scenario calculates that by installing energy-saving measures in 1,200 homes and in 60 businesses, combined with doubling the amount of solar electric systems (or the equivalent of 800 kilowatts of power-generating capacity), Carbondale could meet its targets, according to CLEER’s website. These energy improvements could be achieved by investing $1.1 million per year over the next five years.
The Carbondale trustees adopted a resolution in 2014 that dedicates 20 percent of the town’s state severance tax and federal mineral lease revenues to help reach clean-energy goals. Traditionally, funding from federal and state government grants, the town’s general fund, the Renewable Energy Mitigation Program (generated through building fees in Pitkin County and Aspen) and utilities have been used toward energy efficiency.
But the federal and state grants have since dried up, necessitating another path forward to raise revenue.
Carbon “fees” are not a harnessing or channeling of voluntary market decisions, they are an example of government force, picking energy behavior winners and losers.
A battle over a Department of the Interior inspector general report on the Environmental Protection Agency’s Gold King Mine spill has prompted Republican calls that the effort was “whitewash” of EPA efforts and lacked independent review:
The accident prompted harsh criticism of the EPA for failing to take adequate precautions despite warnings a blowout could occur. Yet Interior Secretary Sally Jewell said a review by her agency showed the spill was “clearly unintentional.”
“I don’t believe there’s anything in there to suggest criminal activity,” Jewell testified during an appearance before the House Natural Resources Committee.
Republicans were dissatisfied. They pointed to earlier statements in which Jewell and other agency officials said the Interior review focused on technical mining issues — not the potential culpability of those involved in the spill.
Immediately after Wednesday’s hearing, committee Chairman Rob Bishop asked Congress’s non-partisan Government Accountability Office to investigate the Interior Department’s evaluation. The Utah Republican accused Jewell and other agency officials of stonewalling his repeated efforts to obtain documents relevant to the spill.
The clean up bill for the EPA spill is around $8 million, according to the 2015 “Wastebook” issued by Arizona Sen. Jeff Flake (R), and summarized here by Colorado Peak Politics:
An Orange River Runs Through It: The Animas River. Perhaps you’ve heard of this disaster? The EPA contaminated it, and then, denied responsibility. To date, the EPA has spent $8 million cleaning up its own mess, and that figure is expected to grow.
It wouldn’t be a Cheat Sheet without a Clean Power Plan update, so here’s one from the National Federation of Independent Business:
But NFIB believes that the Administration is once more overstepping with the Clean Power Plan. For one it imposes quotas on each state, mandating that they achieve targets for emission reductions—targets that, in some cases, are wholly unrealistic. The plan rewards states that have already taken action to reduce greenhouse gas emissions, but would penalize states that fail to meet their federally mandated reduction targets. To avoid those penalties the rule allows states that are missing their targets to enter into cap-and-trade compacts, which would require those states to essentially purchase credits (at great cost) from states that are meeting their targets. Thus the rule penalizes states that have chosen—for the same policy reasons as Congress—to reject such regulation of greenhouse gas emissions.
Accordingly, the rule raises serious federalism problems because the federal government cannot force the states to enact law that they do not wish to enact. But as we argue—first and foremost—there is a separation of powers problem with the EPA rewriting the Clean Air Act. Once again, we’re fighting in court to enforce the basic principle that only Congress can make law. And once more, we’re defending small businesses against extreme energy-rate hikes.
We are currently asking a federal court to issue an injunction preventing EPA from enforcing the rule against the states. Our hope is that we will ultimately strike-down the rule as another example of executive overreach. For further explanation as to how this rule will affect ordinary small business owners, check out Randi Thompson’s recent editorial in the Reno-Gazette Journal.
It’s trees vs. bugs in the forests near Colorado Springs, and the U.S. Forest Service is giving the nod to the bugs, according to this Gazette editorial:
If our plush green backdrop becomes an ugly brown wasteland, tourists will avoid us. Home and business values may drop. And, of course, dead trees greatly increase the likelihood of more deadly, costly forest fires.
Because of diligence by the governor and mayor, we could have a good chance of saving thousands of acres of trees. There is one big problem: The Obama administration’s U.S. Forest Service. Federal forest officials seem to think tree-killing bugs have a right to life.
Forest-managing entities working cooperatively on a contract to exterminate the bugs include: Colorado Parks and Wildlife, responsible for the 1,260-acre Cheyenne Mountain State Park; Colorado Springs Parks and Recreation, responsible for 2,132 acres of city-owned forest; NORAD, which manages 400 acres; Broadmoor Bluffs Subdivision, with 291 acres; Broadmoor Resort, 146 acres; Broadmoor Expanse, 1,677 acres; Cheyenne Mountain Zoo, 81 acres, and El Pomar with 140 acres.
“The only party I know of that is not interested is the U.S. Forest Service,” said Dan Prenzlow, southeast regional manager of Colorado Parks and Wildlife. “They have 1,300 acres touching all the rest of us.”
The Forest Service remains adamantly against spraying, saying that nature should take its course:
Oscar Martinez, district manager for the Pikes Peak District of the U.S. Forest Service, said there is no chance the federal agency will join the eight other entities killing bugs. Even if federal officials could be convinced to change their minds, Martinez said, the federal government would require so much environmental assessment that nothing could be done in time to make a difference.
“If you bought a house up there with big trees, and you moved here for those big trees, I understand the concern,” Martinez said. “But there is a natural cycle of forest disturbance that must be allowed to occur as part of responsible forestry management.”
By letting nature run its course, Martinez said, dead and dying trees can “release the vegetation that was suppressed by the tree cover. If you look at butterflies, they are tied to flowering plants that are suppressed by trees.”
Martinez said a naturally occurring bacteria detected by federal foresters stands to kill many of the bugs over the coming year, which should save a lot of trees. But Prenzlow said federal officials told state officials two years ago the bugs would begin dying naturally. They remain alive and well.
“We’re going into our third year and the bugs have not died. The trees are struggling and dying, so we’re going to spray,” Prenzlow told The Gazette.
Attendees learned that Xcel Energy, which serves most of urban Colorado, sells some 300 gigawatt hours of electricity to pot growers per year, or enough to power some 35,000 homes. The U.S. marijuana-growing industry could soon buy as much as $11 billion per year in electricity.
One study estimates that it takes as much energy to produce 18 pints of beer as it does just one joint. The data are alarming, and will only get more so as legalization spreads. But legalization, if approached correctly, also opens doors of opportunity. The biggest guzzlers of electricity also hold the most potential for realizing gains via efficiency.
Back in 2011, a California energy and environmental systems analyst, Evan Mills, published a paper quantifying the carbon footprint of indoor cannabis production. That footprint, he discovered, was huge. His findings included:
While the U.S. pharmaceutical sector uses $1 billion/year in energy, indoor cannabis cultivation uses $6 billion.
Indoor cannabis production consumes 3 percent of California’s total electricity, 9 percent of its household electricity and 1 percent of total U.S. electricity (equivalent to 2 million U.S. homes per year).
U.S. cannabis production results in 15 million tons of greenhouse-gas emissions per year, or the same as emitted by 3 million cars.
Cannabis production uses eight times as much energy per square foot as other commercial buildings, and 18 times more than an average home.
Time to stop before I write any more doobie-us puns. Have a great weekend!
September 3 Colorado Energy Cheat Sheet: Time running out for Colowyo Mine; Bennet, Hickenlooper concerned about EPA ozone rule; Animas River updates
Filed under: CDPHE, Environmental Protection Agency, Legislation, renewable energy, solar energy, wind energy
Colorado’s Colowyo Mine–and the entire northwest part of the state–face a final decision September 6, and the Denver Post editorial board notes the significance, concluding that the judge should rule in Colowyo’s favor, as the “economic health of northwestern Colorado depends on it”:
The clock runs out this weekend on a federal judge’s extraordinary order giving the Interior Department just 120 days to fix what he said were flaws in an environmental analysis of an eight-year-old expansion permit for the Colowyo coal mine in northwestern Colorado.
At the request of WildEarth Guardians, a group opposing all fossil fuel extraction in the West, Judge R. Brooke Jackson mandated the Office of Surface Mining Reclamation and Enforcement (OSMRE) take a closer look at “the direct and indirect environmental effects of the Colowyo mining plan revisions” and wrap it up by Sept. 6.
It’s unfortunate that Interior Secretary Sally Jewell decided against appealing Jackson’s ruling, but she has also said federal officials were “doing everything we can” to avoid a mine shutdown.
And she may be right. On Tuesday, OSMRE released a revised environmental assessment in what may be record time for such a document, as well as an official finding of no significant environmental impact. We hope it will be enough to satisfy the judge.
The Post says to find otherwise “would be a blow to common sense.”
A $200 million blow to Moffat and Rio Blanco counties, to more than 220 employees who would directly lose their jobs and hundreds of families, friends, neighbors and businesses that would suffer.
The Post also pointed to the absurdity of of reexamining the Colowyo mine plans, as burning coal is an expected outcome of mining coal:
But coal will remain a part of America’s energy portfolio for many years and it has to come from somewhere. And the existence of a mine presupposes the product will be used. As attorneys for Colowyo Coal Co. noted in a legal filing, “Combustion of the mined coal is a necessary and foreseeable consequence of granting a federal coal lease.”
None of that matters, however, to the anti-fossil fuel activists at WildEarth Guardians.
We’ll have an update next week.
Washington, D.C., Sept. 2 – Less than a week after U.S. Senator Michael Bennet (D-Colo.) warned that a plan to dramatically tighten the federal ozone standard “doesn’t make any sense” and is “not going to work,” Colorado Gov. John Hickenlooper (D) is also going public with his reservations. In short, Hickenlooper is questioning the Obama administration for proposing an ozone standard at levels “where you know you’re not going to be able to achieve it.”
In a TV interview with CBS Denver, Gov. Hickenlooper said he’s unconvinced that the U.S. Environmental Protection Agency (EPA) should tighten standard from 75 parts per billion (ppb) into the range of 65 to 70 ppb. Here are the governor’s full comments from CBS Denver’s Aug. 31 story:
“I’m still very concerned. … I’ve heard (from) both sides that there isn’t sufficiently clear evidence that this is a significant health hazard. Now I haven’t looked at that yet and our people are still looking at it…
“To set up a standard where you know you’re not going to be able to achieve it, and obviously we’re at a unique disadvantage because we’re a mile high. So when you’re at 5,000 feet your ozone challenges are significantly more difficult.”
Having both of Colorado’s top Democrats express even limited concern about the EPA’s plans is significant, and both Hickenlooper and Bennet, with caveats, appear not to be sold on the reductions projected by the agency. Both refer strongly to Colorado’s unique situation, and the West in general, with regard to background-level ozone and effect that would have on making any attainment of the new standards difficult, if not impossible, for many areas of the state, and not just the Front Range.
Video of Sen. Bennet last week, saying the EPA plan is “not going to work”:
Tony Cox, a member of the faculty of the University of Colorado School of Public Health and the editor in chief of the peer-reviewed journal Risk Analysis wrote an op-ed for the Wall Street Journal outlining the problematic health analysis instrumental to the EPA’s push for the ozone rule:
Fortunately, there is abundant historical data on ozone levels and asthma levels in U.S. cities and counties over the past 20 years, many of which have made great strides in reducing ambient levels of ozone by complying with existing regulations. It is easy to check whether adverse outcomes, from mortality rates to asthma rates, have decreased more where ozone levels have been reduced more. They have not. Even relatively large reductions in ozone, by 20% or more, have not been found to cause detectable reductions in deaths and illnesses from cardiovascular and respiratory illnesses, contrary to the EPA’s model-based predictions.
How the EPA and society proceed when confronted with a divergence between optimistic model-based predictions and practical reality will say much about what role, if any, we collectively want science and objective analysis to play in shaping crucial environmental and public-health regulations.
The cynical use of asthma patients to promote a pro-regulation political agenda that won’t actually help them undermines the credibility of regulatory science and damages the public interest.
A battle over wind turbines in eastern El Paso County between residents and county officials appears to have been concluded:
El Paso County attorneys and lawyers for disgruntled residents reached an agreement this week to end a months’ long lawsuit over a controversial wind farm, the county announced on Wednesday.
On Sept. 1, an El Paso County district court approved the mutual decision to dismiss the lawsuit with prejudice, a move that protects the El Paso County commissioners from being sued over their decision to approve the large wind farm project near Calhan. Tuesday’s court ruling ended months of legal back-and-forth between the county officials and bitter eastern county residents, many of whom vehemently oppose the project out of fear of compromised property values and health effects.
Despite the lawsuit, residents remained divided over the project. Many long-time ranchers in the area supported the wind farm, and told the commissioners that they were happy to see some economic vitality come back to the region. But other residents fought bitterly against the entire wind farm project, and still others opposed only the above-ground powerline. Members of the property rights coalition paid their own legal fees, held regular meetings with updates and even created anti-wind farm t-shirts to sell to members.
Another Senate Democrat has signaled his support for exporting U.S. oil — as long as it is part of a broader clean energy plan.
The declaration from Sen. Michael Bennet came during the Rocky Mountain Energy Summit, when the Coloradan was asked if he backed oil exports.
“In the context of being able to move us to a more secure energy environment in the United States (and) a cleaner energy environment in the United States, yes,” Bennet said.
A spokesman for Bennet said the senator believes a move to lift the 40-year-old ban on crude exports “would have to be part of a more comprehensive plan that includes steps to address climate change and give the country and the world a more sustainable energy future.”
Bennet’s comments make him the latest Senate Democrat to suggest he is open to oil exports — even if the support is predicated on other changes.
Another renewable company and recipient of government largesse is on deathwatch:
Abengoa, a renewable energy multinational company headquartered in Spain, has been a favorite of the Obama administration in getting federal tax money for clean energy projects.
Since 2009, Abengoa and its subsidiaries, according to estimates, have received $2.9 billion in grants and loan guarantees through the Department of Energy to undertake solar projects in California and Arizona — as well as the construction of a cellulosic ethanol plant in Kansas.
But in the space of less than a year, Abengoa’s financial health has become critical, leading investors to worry whether the company can survive.
A new tree census finds there are a lot more in the world than previously thought:
There are just over three trillion trees in the world, a figure that dwarfs previous estimates, according to the most comprehensive census yet of global forestation.
Using satellite imagery as well as ground-based measurements from around the world, a team led by researchers at Yale University created the first globally comprehensive map of tree density. Their findings were published in the journal Nature on Wednesday.
A previous study that drew on satellite imagery estimated that the total number of trees was around 400 billion. The new estimate of 3.04 trillion is multiple times that number, bringing the ratio of trees per person to 422 to 1.
While the density of foliage was surprisingly high overall, the researchers cautioned that global vegetation is still in decline. The number of trees on Earth has fallen by 46% since the beginning of human civilization, according to the report. The researchers said they believed the findings would provide a valuable baseline for future research on environment and ecosystems.
Animas River Updates
You can taste the trout again, say Colorado officials:
Colorado health officials said Wednesday trout from the Animas River are safe to eat even after being exposed to contaminants from a massive wastewater spill last month.
“Most fish tissue analyzed after the Gold King mine release showed metals below detectable levels,” the Colorado Department of Public Health and Environment said in a news release. “All results were below the risk threshold.”
“Because there is a potential for fish to concentrate metals in their tissue over time, the department and Colorado Parks and Wildlife will continue to monitor levels of metals in Animas River fish,” the release said. “New data will be analyzed and results reported when available.”
The hurdles for cleanup in areas like Gold King mine and the Animas River are steep:
DENVER – Despite cries for a focus on reclamation following the Gold King Mine spill, restoring thousands of inactive mines across Colorado and the nation may prove difficult, if not logistically impossible.
Ron Cohen, a professor of civil and environmental engineering at Colorado School of Mines, said the technology and funding is lacking to properly perform the reclamation work needed.
“The reality is, and my prediction is, that this is going to be a problem for a long, long time,” Cohen said. He has been briefing federal lawmakers on oversight following the Gold King disaster. “Is there political will in the federal government now to come up with more monies for cleanup? I don’t think that’s going to happen.”
There has been a refocus on reclamation in the wake of the Gold King incident, in which an error by an Environmental Protection Agency-contracted team on Aug. 5 sent an estimated 3 million gallons of orange old mining sludge into the Animas River. The water initially tested for spikes in heavy metals, including lead, arsenic, cadmium, aluminum and copper.
It isn’t the first time Colorado has seen its rivers turn orange because of spills from an old mining operation. Each time an incident occurred, the focus was shifted to reclamation, yet the pervasive problem lingers.
Part of the dilemma has to do with money. Estimates place national reclamation of inactive mines as high as $54 billion. Mining laws that govern the industry in the United States date back 143 years. The federal government is prohibited from collecting royalties on much of hard-rock mining, thereby leaving the coffers dry for reclamation.
Read the whole thing.
Notification of downstream officials and residents in the aftermath of the Animas River spill was late and, in some cases, not available to other states’ officials (namely New Mexico), as well as Native American tribal officials and others residing along the path of 3 million spilled gallons of toxic, metallic wastewater. A new system is now in place, according to the Associated Press:
DENVER — A massive wastewater spill from an old gold mine in Colorado has prompted state officials to expand the list of downstream users they will warn after such accidents.
Last month, Colorado health officials notified only agencies inside the state after 3 million gallons of water tainted with heavy metals gushed out of the Gold King mine near Silverton and eventually reached the Animas, San Juan and Colorado rivers in New Mexico and Utah.
In the future, the Colorado Department of Public Health and Environment will warn downstream states as well, department spokesman Mark Salley said.
Colorado officials didn’t know the magnitude of the spill when they issued their warnings, he said.
Filed under: Environmental Protection Agency, Legal, Legislation, renewable energy, solar energy, wind energy
The Department of the Interior refused to appeal a court ruling on the Colowyo Mine that could cost the jobs of 220 Colorado coal miners. This has added to the growing concerns of these miners and their families regarding the future of their livelihoods. WildEarth Guardians, who have been leading the campaign to close the mine, had a less than sympathetic message in response.
“My initial response is ‘tough sh**,’ ” Jeremy Nichols, WildEarth Guardians climate and energy program director, told the liberal Colorado Independent in a July 13 post.
“They [the Interior Department] didn’t appeal, and there is nothing they can do about it now,” Mr. Nichols said.
Supporters of the mine decried his comments Thursday as “callous” and an example of the group’s “out-of-control war on coal,” as Advancing Colorado’s Jonathan Lockwood put it.
“I wonder if Jeremy Nichols has the courage to say that directly — face-to-face — to the 220 coal miners who will lose their jobs if Nichols and WildEarth Guardians are successful in shutting down the Colowyo Mine,” said Amy Oliver Cooke, energy policy director at the free-market Independence Institute in Denver.
WildEarth Guardians’ disregard for the people in Northwest Colorado has done them little good. Following a large community outcry, 450 of 600 supporters listed online asked to be removed from the list.
In a press conference last Thursday, Secretary of the Interior Jewell spoke to the anticipated effects of the proposed rule intended to protect water in the proximity of coal mines. She made sure to emphasize the minimal impact it would have on communities reliant on coal income.
Jewell called the potential loss of approximately 200 jobs across coal country “relatively minor.”
The proposed rule would adversely affect 460 jobs but at the same time account for an additional 250 jobs created under the restoration actions required by the plan, Jewell said.
“The net impact is a couple of hundred jobs in coal country, specifically due to this rule,” she said. “So, it’s relatively minor.”
Some are unconvinced that the impact will be that insignificant.
According to Yampa Valley Data Partners, a nonprofit research organization, the top 10 taxpayers in Moffat County are energy related.
Although the rule proposes to create work based on restoration efforts, it is uncertain if the effort will balance out the loss of mining jobs.
“These jobs that would be added, in theory, would certainly have to be pretty high paying jobs to even come close to rivaling the economic impact of our coal mines,” said Keith Kramer, executive director of Yampa Valley Data Partners.
According to Yampa Valley Data Partners, mining industry jobs pay an average of $1,528 per week — 72 percent higher than an average job in Moffat County.
Proponents of both fracking and the Obama administrations environmental regulations have sited the 11% reduction in US CO2 emissions between 2007 and 2013 as evidence of their respective success. A new study out of the International Institute for Applied Systems Analysis suggests that neither contributed significantly to the reduction… and rather it was all a result of the recession.
“After 2007, decreasing emissions were largely a result of economic recession with changes in fuel mix (for example, substitution of natural gas for coal) playing a comparatively minor role,” the study found.
The study has been sent around as evidence that natural gas is not as “climate-friendly” as proponents say it is. Natural gas is often billed as more eco-friendly than coal because it emits fewer CO2 emissions than coal when burned to produce electricity.
“Natural gas emits half as much CO2 as coal when used to make electricity,” said IIASA researcher and lead author Laixiang Sun said in a statement. “This calculation fails to take into account the release of methane from natural-gas wells and pipelines, which also contributes to climate change.”
Naturally, both sides found ways to use the study to their advantage (or the others disadvantage).
Environmentalists and liberal news sites used the study to undercut claims that hydraulic fracturing, or fracking, is reducing emissions. Activists have used the study to claim reduced consumption, also known as a recession, and energy efficiency programs are doing more to fight global warming.
“In other words, what worked was cutting consumption and being more efficient – not fracking,” according to the environmentalist blog Desmogblog.
That may be the case, but there’s a flip side that environmentalists have not talked about. If increased use of natural gas was not a major reason for plunging CO2 emissions, it means Obama administration regulations have also done little to lower emissions.
This is not to say that EPA regulations or fracking will not positively impact the climate in the future. This study just shows that good old fashioned cutting back can have the big results we want.
A final ruling from the Environmental Protection Agency on nationwide carbon reduction regulations is on the horizon. The 35% reduction target for Colorado has some Colorado officials concerned about just how to reach the target… or if we should try to at all.
Dr. Larry Wolk, director of the Colorado Department of Public Health and Environment, said interested parties need to work together to satisfy federal rules.
“At some point we all sort of have to come together between the EPA and the state – and in this case Colorado – to say, this is how we want to pursue this, and this is how we want our own Clean Air Act to look,” Wolk said Thursday at an event in Denver hosted by Latino environmental leaders.
Once the final rule is in, state health officials will launch a stakeholder process. Next year, officials will continue developing the state-specific plan, which would be submitted that summer. The Legislature will then discuss the plan in 2017, before a final plan heads to the EPA.
Gov. John Hickenlooper, a Democrat, said that Colorado will move forward, despite cries from Republicans to defy federal regulators. Critics of the proposal suggest that it would hurt the economy by slashing jobs and revenue.
Republicans fired a warning shot this year at the Legislature, proposing legislation that would have required both chambers to approve any plan that is sent to federal regulators. That proposal was killed by Democrats.
The Millennium Development goals, decided on by all governments in 2000, are set to expire at the end of this year. But the United Nations think there is still work to be done–and this work is reflected in the new “Sustainable Development Goals”. These new goals are to be used as a guide for all policies and agendas for the coming years.
1) End poverty in all its forms everywhere
2) End hunger, achieve food security and improved nutrition, and promote sustainable agriculture
3) Ensure healthy lives and promote wellbeing for all at all ages
4) Ensure inclusive and equitable quality education and promote lifelong learning opportunities for all
5) Achieve gender equality and empower all women and girls
6) Ensure availability and sustainable management of water and sanitation for all
7) Ensure access to affordable, reliable, sustainable and modern energy for all
8 ) Promote sustained, inclusive and sustainable economic growth, full and productive employment, and decent work for all
9) Build resilient infrastructure, promote inclusive and sustainable industrialisation, and foster innovation
10) Reduce inequality within and among countries
11) Make cities and human settlements inclusive, safe, resilient and sustainable
12) Ensure sustainable consumption and production patterns
13) Take urgent action to combat climate change and its impacts (taking note of agreements made by the UNFCCC forum)
14) Conserve and sustainably use the oceans, seas and marine resources for sustainable development
15) Protect, restore and promote sustainable use of terrestrial ecosystems, sustainably manage forests, combat desertification and halt and reverse land degradation, and halt biodiversity loss
16) Promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels
17) Strengthen the means of implementation and revitalise the global partnership for sustainable development
Gina Larson is a Future Leaders intern and is currently a student at American University, majoring in International Relations.
July 16 Colorado Energy Roundup: Sec. Jewell adds Colowyo Mine visit; renewable energy mandate upheld
Filed under: CDPHE, Environmental Protection Agency, Legal, preferred energy, renewable energy
A week after the Department of the Interior declined to move forward with an appeal in the Colowyo Mine case, and facing mounting pressure to visit the northwest portion of Colorado during a scheduled trip to Aspen, Sec. Sally Jewell appears to have conceded to a meeting with county commissioners:
Moffat County Commissioner John Kinkaid said Wednesday that Jewell has added a meeting with northwest Colorado county commissioners to her itinerary Friday following her speech at the Aspen Institute.
“We look forward to meeting Secretary Jewell this Friday evening,” Kinkaid said. “I hope that she will be able to give us some assurances that our miners can keep working.”
He said he expected the meeting to include commissioners from Moffat and Rio Blanco counties, whose communities would bear the brunt of a mine closure. The meeting will take place in Glenwood Springs.
Jewell had come under pressure to visit the area after it was announced that she would deliver remarks Friday at the Aspen Institute, about a three-hour drive from Craig, where residents are alarmed about the future of the mine.
We’ll keep you posted on developments of the planned meeting.
The mandate, which voters passed in 2004 and expanded in 2010, was challenged by the free-market advocacy group Energy and Environment Legal Institute. The group argued that the renewable energy requirements violate the U.S. Constitution.
The lawsuit claimed that the requirement that large utilities such as Xcel Energy get 20 percent of their electricity from renewable sources violates constitutional protections for interstate commerce.
The plaintiffs argued that because electricity can go anywhere on the grid and come from anywhere on the grid, Colorado mandate illegally harms out-of-state companies.
The 10th Circuit Court of Appeals in Denver disagreed. The three-judge panel ruled that the mandate does not wrongly burden out-of-state coal producers. The judges also pointed out that Colorado voters approved the mandate.
The full text of the ruling can be found here.
For those who do not think increased energy costs–whether from increased cost of supply of fuel, onerous regulations, or government picking (more expensive) energy winners–affect lower and middle income families in Colorado, a new examination of the state’s Low-Income Energy Assistance Program (LEAP) reveals how devastating even modest price increases in energy can be:
About 430,000 households in Colorado — 22 percent of all households — are eligible for federal energy assistance.
These households have incomes below 150 percent of the federal poverty level, or about $36,372 for a family of four.
About 13 percent of Colorado households are below the federal poverty line of $24,250 for a family of four.
The federal Low-Income Energy Assistance Program, or LEAP, administered by local agencies, provided $47 million for heating bills during the 2014-15 season.
The article laments that program has a low reach at the present time, with only 19 percent of those eligible receiving outreach.
But the article’s lede is buried–even small, incremental increases have a large and outsized effect on low-income folks given the portion of income they spend on energy:
Xcel, the state’s largest electricity utility, calculates monthly payments based on 3 percent of a household’s income.
Average households pay 2 percent to 3 percent for energy, compared with low-income households, which often pay as much as 50 percent.
“That leaves very little for food, clothing, medicine,” said Pat Boland, Xcel’s manager of customer policy and assistance.
“Once we get them in the door, we want to keep them in the door,” Boland said in a presentation.
According to the article, Black Hills reaches only 10 percent of those eligible within its system. It pays for the assistance by charging other ratepayers, and is considering a rate hike to cover the program, which is currently losing money. That hike, along with three other rate increases since 2008, make Black Hills among the most expensive electricity providers in the state, the Post article said.
Despite a quiet 2015, fracking is still maintaining a low boil on the backburner of the state’s energy debate, and there is every indication that it won’t be simmering any time soon, and Democratic Rep. Jared Polis told the Associated Press that options remain:
Polis said fracking could be on the 2016 ballot if state officials don’t further regulate the industry. He stopped short of saying whether he would organize the effort, but he wants lawmakers and regulators to adopt three proposals that weren’t formally recommended by the task force.
One would let local governments impose stricter rules than the Colorado Oil and Gas Conservation Commission, charged with regulating drilling statewide. Another would change the commission’s role from facilitating oil and gas development to simply regulating it. The third would set up a panel to resolve disputes between energy companies and local governments or property owners before they land in court.
It remains to be seen whether or not activists, with or without Polis’s sponsorship, pursue a strategy like they did in 2013, targeting friendly and even tossup municipalities with fracking bans and moratoria, or wait for statewide opportunities in the 2016 Presidential election cycle.
The Bureau of Land Management has closed off nearly 100,000 acres of federal land from future leasing:
The Bureau of Land Management rejected all 19 protests from conservation groups, the oil and gas industry and other interests in approving a new resource management plan for the Colorado River Valley Field Office.
The Colorado River Valley Field Office, in Silt, manages more than 500,000 acres of land and more than 700,000 acres of subsurface federal minerals in Garfield, Mesa, Rio Blanco, Pitkin, Eagle and Routt counties. The agency says the majority of the 147,500 acres with high potential for oil and gas production under the office’s jurisdiction are already leased and will continue producing under the plan.
The plan closes 98,100 acres for future leasing, including in the Garfield Creek State Wildlife Area near New Castle, areas managed for wilderness characteristics, areas of critical environmental concern, municipalities and designated recreation areas.
A second Craig-area coal mine apparently also will have to undergo a remedial federal environmental review process if it hopes to avoid a shutdown based on a recent court order.
The Trapper Mine near Craig is now looking at going through the same kind of review currently underway in the case of the Colowyo Mine between Craig and Meeker following a federal judge’s ruling in May.
U.S. District Court Judge R. Brooke Jackson, in a suit brought by WildEarth Guardians, found that the federal Office of Surface Mining Reclamation and Enforcement illegally approved expansions of the two mines because it failed to provide public notice of the decisions and account for the environmental impacts.
The Trapper Mine faces discrepancies over permitted areas and coverage under filings with Judge Jackson, who did not impose a similar ruling as that issued for the Colowyo Mine.
In a notice filed last week to alert the court about the new information, the Trapper attorneys said they support doing remedial environmental analysis involving the Trapper Mine after the Colowyo review is done.
Bob Postle, manager of the program support division for the OSMRE’s western region, said the notice has “just been filed, and we’re now working through how we’re going to address it.”
Given the discrepancies, it isn’t clear at this moment whether a new or remedial environmental review is necessary, according to Trapper’s legal counsel.
In a meeting with Republican Senator Cory Gardner, western slope businesses and entrepreneurs described facing onerous regulatory burdens imposed by DC bureaucrats:
A Moffat County sheepherder, Delta hardware shop owner and Grand Junction manufacturer all walked into a meeting Friday with U.S. Sen. Cory Gardner, R-Colo., each with much the same punchline in mind.
The common theme: The federal government is reaching too far into their businesses, discouraging them from seeking out new ways of doing business and growing.
Constraining regulations have “taken the creativity out of business,” Jim Kendrick, owner of Delta Hardware, told Gardner. “The move is to make us all do business the same way. That’s stifling growth.”
Gardner met with two dozen western Colorado business and economic leaders at Colorado Mesa University in hopes of finding ways to improve the state’s sputtering rural economy.
“I spend all my time on regulatory compliance and none of it on product development,” one Department of Defense contractor said. That would result in pushing more business to bigger vendors able to hurdle all of the regulatory red tape due to a larger staff.
May 28 Colorado Energy Roundup: EPA water rule, Hickenlooper pleads for Colorado mine, reduced drilling costs
Filed under: Environmental Protection Agency, Hydraulic Fracturing, Legal, Legislation, preferred energy, wind energy
Yesterday, Governor John Hickenlooper says chances for a statewide ballot measure on fracking in 2016 are pretty low, but anti-energy fractivists aren’t so sure about Hickenlooper’s prognostication:
Gov. John Hickenlooper on Wednesday said he does not believe there is momentum to push a state ballot initiative that would crackdown on the oil and gas industry.
The Democrat spoke along with Republican U.S. Sen. Cory Gardner at a breakfast in Denver hosted by industry leaders and supporters, including Vital for Colorado.
“There will be proposals, but I don’t think there will be something that will be funded to any significant extent, and therefore I don’t expect something to get on the ballot,” Hickenlooper said.
Hickenlooper is not viewed positively by the strident activists who considered the governor’s brokered deal to get the ballot measures off the table and replaced by his blue-ribbon fracking commission as a stab in the back:
“Governor Hickenlooper’s blowing hot air to justify his continued endorsement of the fracking fiasco that is making Coloradans sick, driving down property values and threatening our air and water,” said Sam Schabacker, spokesman for Food and Water Watch, one of several groups discussing local and statewide ballot initiatives. “Outrage continues to grow over the governor’s inaction to stop fracking and more parents, business owners and community members are speaking out than ever.”
The only question is whether or not the anti-fracking forces find another funder like Rep. Jared Polis (D-CO). National groups are likely to go playing in Colorado, as the issues (setbacks, water, air quality) surrounding fracking haven’t disappeared, and were certainly not dealt with to any significant degree by the state’s recently concluded commission.
At least not in the estimation of the groups who would bring more ballot proposals to the Secretary of State by next year.
You might think that the Environmental Protection Agency’s final “water” rules won’t have an impact on energy production, but its wide-ranging scope as defined by EPA administrator Gina McCarthy should give anyone pause:
“For the water in the rivers and lakes in our communities that flow to our drinking water to be clean, the streams and wetlands that feed them need to be clean too,” said EPA Administrator Gina McCarthy.
Under the rule, tributaries and headwaters that show physical features of flowing water — a bed, bank and high-water mark — would be subject to the Clean Water Act. So would waters that are next to rivers and lakes and their tributaries. Ditches that are constructed out of streams or function like streams and can carry pollution downstream also would be covered. But ditches that flow only when it rains wouldn’t be covered, according to the EPA.
Business groups, however, contend the rule is broader than the EPA describes. They vow to fight it in the courts and in Congress. Earlier this month,the House passed legislation that would require the EPA to withdraw the rule, which was dubbed the “Waters of the United States” rule before the EPA rebranded it.
The National Association of Manufacturers opposes the definitions provided by the EPA, saying it “all adds up to increased regulatory uncertainty, permitting costs, delays and even litigation, not to mention a giant new set of hurdles standing in the way of construction.”
Given the proximity of many energy sources to rivers, streams, and other bodies of water, the EPA’s regulations will surely add cost to energy production and quite possibly halt new electricity generating units that will not comply with the new environmental impact statements the water rule will surely require.
Of course, the EPA’s own manufacturing attempts–in this case public comments in support of proposed rules–will likely not cease any time soon.
For the residents of northwest Colorado, Craig Station and the nearby Colowyo Coal Mine near Craig literally power the local economy, and a shutdown of the mine would cripple the local economy, perhaps permanently–so Gov. Hickenlooper has intervened:
Hickenlooper on Friday asked U.S. Interior Secretary Sally Jewell in a letter to “do everything possible” to prevent a shutdown of the Colowyo Coal Mine near Craig.
The mine currently employees about 220 people and supplies coal that powers the Craig Station, one of the state’s largest coal-fired power plants. According to Colowyo’s owner, the station is capable of producing up to 1,303 megawatts of electricity.
Hickenlooper said in the letter that the mine also contributes more than $200 million to the regional economy and generates tax and royalties of $12 million annually.
“Given the importance of this mine to the economies of the region, I ask that you do everything possible to respond to the judge’s order and remedy the situation as expeditiously as possible,” Hickenlooper wrote in the letter.
Whether or not Sec. Jewell’s agency will appeal the court ruling calling for additional environmental impact statements remains to be seen.
Meanwhile the plans to put a transmission line through Moffat County, where the Craig power plant and mine reside, continue apace. The line would send electricity from wind farms in Wyoming to California.
Lower demand for services means some relief for driller’s in Colorado’s embattled oil and gas sector:
But the slowdown also has produced at least one upside for companies: increased availability of rigs from drilling contractors and lower costs for drilling and completing wells.
For some companies operating locally, it has helped justify drilling and completing wells at all with gas prices so low. For one company, Black Hills Exploration & Production, it resulted in a recent ramp-up from one rig to three, tying it with WPX Energy as the busiest driller in western Colorado’s Piceance Basin.
But it is not just a downturn in natural gas prices that has hurt the industry, but government red tape as well:
Bill Buniger, a Loma contractor who does energy work such as well pad construction, said he’s not willing to take a cut in pay.
“The thing about it is, when you take a cut like that, your margin of profit, that’s what you’re cutting out. All you’re doing is wearing out your machines,” he said.
The costs of things like tires and repairs don’t change, he said. Buniger, 70, has paid off most of his equipment and said he’d rather let it sit if he can’t make a profit.
Not that he’s had much of a choice. He said most of the companies he works for are small, independent oil and gas companies that simply aren’t doing any drilling, due to low oil and gas energy prices at a time of increasing state regulations.
And while commodity prices will continue to fluctuate, the state’s regulatory burden won’t be lifting any time soon.
Vincent Carroll, writing for the Denver Post, is skeptical of Gov. Hickenlooper’s claims that avoiding a listing of the greater sage-grouse by the Fish and Wildlife Service isn’t a slam dunk:
“We are very, very close to avoiding a listing altogether,” Hickenlooper told members of the Associated Governments of Northwest Colorado two weeks ago, according to The Daily Sentinel. He said Interior Secretary Sally Jewell would like to avoid a listing, and “I believe her. I don’t think she’s posturing.”
But of course what else would she say to him? That federal officials are eager to impose draconian restrictions on a vast swath of Western land over the bipartisan objections from all 11 governors and despite little evidence from past listings that it would do much good?
Filed under: CDPHE, Environmental Protection Agency, Legislation, New Energy Economy, preferred energy, renewable energy, solar energy, wind energy
Energy In Depth’s Simon Lomax pokes holes in the American Lung Association’s report on ozone–and the Denver Post’s reporting on it–with input from the Colorado Department of Public Health and Environment:
Citing its own April 29 “report card” on the region’s air quality, the ALA told the Denver Post that levels of ground-level ozone – sometimes called smog – are deteriorating rather than improving. But the ALA went much further, claiming that while the air above the Denver metro area “looks cleaner than in the 1970s,” the region actually has “higher ozone” and the gains made since the 1970s “are going away.”
In the same news story – authored by the Post’s environmental writer Bruce Finley – the Colorado Department of Public Health and Environment (CDPHE) warned the ALA’s report card was “both inaccurate and misrepresents air quality in Colorado.” But Finley’s story didn’t detail what those inaccuracies and misrepresentations actually were.
In a follow-up interview with Energy In Depth, CDPHE’s Air Pollution Control Division (APCD) Director Will Allison revealed that the ALA report card ignored a full year of air quality data from 2014, which shows ozone levels getting better, not worse. To claim there’s higher ozone now than back in the 1970s also ignores decades of air quality data that show “it’s gotten a lot better,” Allison said.
To say the ALA took a liberal look at its own conclusions to bolster an argument for increased ozone regulation appears correct.
“If you look at 2011-2013 averages, we had 10 monitors in the Denver North Front Range that exceeded the ozone standard of 75 parts per billion. But if you look at the 2012-2014 averages, only four monitors exceeded the federal standards. So there was a significant drop from 10 noncompliant monitors to four,” Allison told EID.
Colorado’s 21-member oil and gas task force, which concluded its meetings in February, received modest support (about $2 million) in the Colorado legislature for a handful of its recommendations:
The budget includes:
$1,364,713 to pay for 12 new employees for the Colorado Oil and Gas Conservation Commission (COGCC), the state agency charged with overseeing the state’s multibillion-dollar oil and gas sector.
$360,910 for the Colorado Department of Public Health and Environment (CDPHE) to create a hot line and website with information about the industry, and a chance to raise concerns about its operations.
$402,859 for the CDPHE to create a mobile air monitoring unit to watch for air pollution from industry operations and a person to operate it.
These small changes stand in contrast to some of the more pointed and disruptive resolutions the committee considered, and to the ballot measures that tripped off the Governor’s “compromise” move last August.
Fracking opponents, of course, decried the legislative session’s activity on oil and gas issues, while the industry hailed the results, according to Valerie Richardson at The Colorado Statesman.
Kicking the can down the road to 2016 on fracking issues–with Democrats sidestepping a fractious debate, as Richardson put it–may still not prove advantageous to Democrats split over the issue. With eco-left activists vowing to work hard again next November and having felt betrayed by maneuvering in 2014, Sen. Michael Bennet’s re-election efforts might not get the smooth ride his party was hoping to craft. It certainly didn’t help former Sen. Mark Udall, who carved a more eco-friendly niche in his term, but ultimately suffered defeat last year.
Speaking of Sen. Bennet–an attempt to bolster his green credibility with new legislation aimed at a national renewable energy standard:
The bill unveiled Tuesday that would require utilities to generate 30 percent of their electricity from renewable energy sources by 2030, starting with an 8 percent requirement by 2016 followed by gradual increases.
Sen. Tom Udall has introduced this legislation in every session of Congress since 2008. The bill is based on his bipartisan initiative that passed the House in 2007. Co-sponsors this time around include Sens. Edward Markey (D-Mass.), Martin Heinrich (D-N.M.), Michael Bennet (D-Colo.), Jeff Merkley (D-Ore.), Sheldon Whitehouse (D-R.I.) and Mazie K. Hirono (D-Hawaii).
“A national Renewable Electricity Standard (RES) will help slow utility rate increases and boost private investment in states like New Mexico — all while combating climate change,” Udall said in a news release. “Investing in homegrown clean energy jobs just makes sense, and that’s why I’m continuing my fight for a national RES.”
Colorado’s western slope counties may avoid economic devastation if the Fish and Wildlife Service decides not to tap the greater sage-grouse with a designation as threatened or endangered:
The Interior Department has said it wants to reach the point that the Fish and Wildlife Service can find that no listing is warranted. Much of that decision lies with the way the BLM manages its lands and both agencies report to Jewell.
“We are very, very close to avoiding a listing altogether,” Hickenlooper said, noting that he spoke to [Secretary of Interior Sally] Jewell 10 days ago.
Finding that the bird should not be listed is Jewell’s goal, Hickenlooper said.
“I believe her. I don’t think she’s posturing.”
A listing by the FWS would be a critical blow to Colorado’s western counties, along with 10 other states, as one county commissioner told Gov. Hickenlooper.
“All of Moffat County is out of business,” Moffat County Commissioner Chuck Grobe concluded, should the listing move forward contrary to Hickenlooper’s claims.
Filed under: Archive, Hydraulic Fracturing, renewable energy
Periodically, the Independence Institute’s Energy Policy Center will take a look at the good, the bad, and the ugly in energy stories from around the United States and abroad, and bring the best (and worst) of those stories to your attention.
1. Secretary of the Interior Sally Jewell may have violated Colorado Open Meetings Law under its sunshine statutes by shutting out members of the press while visiting Moffat County on Tuesday. The meeting in Colorado centered on the status of the sage-grouse, a species whose designation could affect energy projects in the northwest portion of the state:
As she was leaving, Leavitt Riley said she saw Jewell in a car in the parking lot and the driver-side door was open, so she approached Jewell “and she said the press was not allowed at this meeting,” Leavitt Riley recalled.
“I said, do you realize more than a dozen elected officials were in it? She said the tour was open to the press but this was a closed meeting” and then drove away, Leavitt Riley said.
She said the newspaper is pursuing the matter with the Colorado Press Association. No one with the U.S. Secretary of the Interior’s office was available for comment Tuesday night.
2. From Lachlan Markay at the Washington Free Beacon–a Politico column riddled with inaccuracies from anti-fracking activists:
A pair of prominent environmentalists penned a column Tuesday for Politico Magazine attacking hydraulic fracturing littered with dishonest and incorrect claims.
“If you calculate the greenhouse gas pollution emitted at every stage of the production process—drilling, piping, compression—it’s essentially just coal by another name,” McKibben and Tidwell wrote.
The claim is frequently sourced to Cornell scientists Robert Howarth and Anthony Ingraffea, who have found significantly higher life cycle emissions than are found in other studies.
Numerous government agencies, environmentalist groups, and academics have panned Howarth and Ingraffea’s work on the issue and produced their own studies showing relatively low life cycle emissions from natural gas.
“Their analysis is seriously flawed,” according to three Cornell colleagues, professors in the university’s departments of earth and atmospheric sciences and chemical and biological engineering.
3. Michael Bastasch at The Daily Caller highlights a report on the social benefits of fossil fuels:
Burning off carbon dioxide into the atmosphere to provide cheap electricity may have affected the climate, but the benefits of a carbonized economy far outweigh the costs, according to a new study.
The pro-coal American Coalition for Clean Coal Electricity (ACCCE) released a study showing that the benefits of carbonized fuel, like coal, to society are 50 to 500 times greater than the costs. Over the past two-and-a-half centuries increased fossil fuel energy production has helped more than double global life expectancy and increase global incomes 11-fold.
4. North Carolina State University issued a study finding that increasing the use of electric vehicles “is not an effective way to produce large emissions reductions”:
“We wanted to see how important EDVs may be over the next 40 years in terms of their ability to reduce emissions,” says Dr. Joseph DeCarolis, an assistant professor of civil, construction and environmental engineering at NC State and senior author of a paper on the new model. “We found that increasing the use of EDVs is not an effective way to produce large emissions reductions.”
The researchers ran 108 different scenarios in a powerful energy systems model to determine the impact of EDV use on emissions between now and 2050. They found that, even if EDVs made up 42 percent of passenger vehicles in the U.S., there would be little or no reduction in the emission of key air pollutants.