MVCAC December 2014

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AIR POLLUTION: Court rejects EPA's deadline extension for ozone compliance -- 12/23/14
by Duane 26 Dec '14

26 Dec '14

http://www.eenews.net/stories/1060011013 Court rejects EPA's deadline extension for ozone compliance Jeremy P. Jacobs, E&E reporter, Greenwire, December 23, 2014 A federal appeals court today threw out U.S. EPA's decision to extend a compliance deadline for its ozone air standard, as well as the agency's revoking a stringency requirement for transportation projects. In both instances, the U.S. Court of Appeals for the District of Columbia Circuit ruled that EPA's actions exceeded its authority under the Clean Air Act. The case brought by the Natural Resources Defense Council concerned what amounted to a compliance extension built into EPA's 2008 National Ambient Air Quality Standard for smog-causing ozone. EPA finalized implementation regulations for the 75-parts-per-billion standard May 21, 2012. In doing so, the agency started the clock for compliance for some areas at the end of that year. So an area deemed to be in "marginal" nonattainment -- which is granted three years for compliance -- would have until Dec. 31, 2015, rather than May 21, 2015, to meet the standard. Judge Srikanth Srinivasan, writing for the majority of the three-judge panel, said the law doesn't allow such an extension. "We conclude that both challenged aspects of EPA's regulations implementing the 2008 ozone standards exceed the agency's authority under the Clean Air Act," Srinivasan wrote. The law explicitly prescribes "against allowing the agency's lengthening of the periods for achieving compliance with revised air quality standards. ... [W]e conclude that the rule's deadlines cannot be squared with the statute." Srinivasan also sided with the environmental group's argument that the plain text of the Clean Air Act prohibits EPA from revoking a requirement that transportation projects comply with regional implementation plans for areas failing to meet attainment for the 1997 ozone NAAQS. NRDC had argued that such a move would allow unlimited ozone emissions for new transportation projects in those areas. "[W]ith regard to the revocation of transportation conformity requirements, the terms of the statute straightforwardly require maintaining those requirements for affected areas," Srinivasan wrote. The impact of the ruling will likely be limited because EPA is currently revising its ozone standard and has proposed lowering it to between 65 ppb and 70 ppb. Srinivasan was joined in the majority by Judge David Tatel. They are both Democratic appointees. Senior Judge A. Raymond Randolph, a Republican appointee, dissented and said he would have deferred to EPA's reasoning. The court held arguments in the case more than a year ago, suggesting some difficulty in coming to a conclusion in the case (E&ENews PM, Nov. 22, 2013). Click here for the opinion. Submitted by: Duane Nichols, www.FrackCheckWV.net

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EPA punts decision on methane regs | TheHill
by Duane 24 Dec '14

24 Dec '14

http://thehill.com/policy/energy-environment/227489-epa-punts-decision-on-m… EPA punts decision on methane regs By Laura Barron-Lopez, The Hill, 12/17/14 The Environmental Protection Agency is punting a decision on whether to pursue regulations on methane emissions from industrial sources until after the holidays. An EPA official told The Hill on Wednesday that the agency is holding off on its decision until after the holidays despite consistent statements by Administrator Gina McCarthy that the EPA would make a call this fall. As the clock wound down, however, advocates and critics of possible regulations alike began to question if the EPA would move to target methane emissions. The move to hold off on regulations, or more voluntary actions to tackle methane from the oil and gas sector appears to push any decision back until January. In recent months Democratic lawmakers have pressed the EPA to take action, arguing regulations would help strengthen the president’s climate agenda. Methane, a potent greenhouse gas, is roughly 80 times more damaging than carbon dioxide over a 20-year timeframe. Submitted by: Duane Nichols, www.FrackCheckWV.net

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WH: Agencies should factor for climate change in project reviews | TheHill
by Duane 24 Dec '14

24 Dec '14

http://thehill.com/policy/energy-environment/227589-wh-advises-agencies-to-… WH: Agencies should factor for climate change in project reviews By Laura Barron-Lopez, The Hill, 12/18/14 The White House is floating new guidelines for federal agencies on how to weigh climate change impacts when reviewing energy and infrastructure projects. The proposed guidelines from the White House Council on Environmental Quality specifically address National Environmental Policy Act (NEPA) reviews by agencies, which require an analysis of the environmental impact by projects that need a federal greenlight. NEPA reviews are used when the federal agencies consider offshore drilling leases, construction projects, pipelines, mining and more. <A HREF="http://ws-na.amazon-adsystem.com/widgets/q?rt=tf_mfw&ServiceVersion=2007082…">Amazon.com Widgets</A> In a fact sheet, released by the White House on Thursday, the administration said the new blueprint urges agencies to consider how greenhouse gas emissions and climate change impact projects undergoing NEPA reviews. “Climate change is a fundamental environmental issue, and the relation of federal actions to it falls squarely within NEPA’s focus,” the draft blueprint states. When weighing a project, the administration says agencies should look at measures that will reduce the impact of extreme weather events on federal investments. If a project has the ability to emit 25,000 metric tons of carbon dioxide on an annual basis, its contributions to global warming must be considered in NEPA reviews. "Federal agencies, to remain consistent with NEPA, should consider the extent to which a proposed action and its reasonable alternatives contribute to climate change through [greenhouse gas] emissions and take into account the ways in which a changing climate over the life of the proposed project may alter the overall environmental implications of such actions," the plan states. The new guidelines expand on a 2010 proposal to include climate change considerations during certain federal reviews. The updated guidance is part of the administration’s effort to include climate change in agencies’ decision-making process. But the move will draw the ire of industry and Republicans, who argue the administration is regulating with a heavy hand. In a summary, the administration takes care to address such concerns, stressing that “NEPA ensures information on the potential environmental impacts of agency decisions and projects is transparently available to the public; however it does not dictate decisions or project choices.” The proposed guidelines are now open to a 60-day public comment period. Submitted by: Duane Nichols, www.FrackCheckWV.net

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Fwd: TRIAD HUNTER GAS LEAK: DAY TEN – Update on "Randy C. Huffman: NO DRILLING UNDER THE OHIO RIVER!"
by Duane Nichols 23 Dec '14

23 Dec '14

Date: December 23, 2014 RE: Regional Air Pollution > To: duane330(a)aol.com > Subject: TRIAD HUNTER GAS LEAK: DAY TEN – Update on "Randy C. Huffman: NO DRILLING UNDER THE OHIO RIVER!" > > > > Petition update > > > Robin Mahonen just posted an update on the petition you signed, Randy C. Huffman: NO DRILLING UNDER THE OHIO RIVER!. > > TRIAD HUNTER GAS LEAK: DAY TEN > > Dec 23, 2014 — This link contains a video to the TRIAD HUNTER gas leak, now in Day Ten, in Sardis, Monroe County, OH. Over thirty families have been evacuated. Triad Hunter is one of three... Read more > > > > > Read more > > > > > >

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GASP is the Group Against Smog and Pollution
by Duane330＠aol.com 20 Dec '14

20 Dec '14

Dear Fellow Breathers, Meet Ted Popovich. For 40 years he worked around the globe in India, Brazil, and beyond. He was the China Operations Manager for Corning and an instructor at a Rochester Institute of Technology school in Kosovo. These days, he’s a clean air warrior in Pittsburgh—and a heart bypass survivor. He often developed bronchitis and other ailments in his travels due to pollution-generated inflammation. When he came to Pittsburgh, he never imagined the air here would harm him as well. However, he moved to a house overlooking the Ohio River and soon discovered Pittsburgh’s pollution problem. “In my neighborhood, people can’t open their windows without fear of letting in pollutants that smell nasty and damage our health.” Emissions from the industrialized end of Neville Island regularly saturate Ted’s community. “I began to realize the scope of the problem when I volunteered to become an opacity evaluator, or Smoke Reader.” Through GASP, Ted learned how to observe smoke stack emissions and note violations. He made readings of the Shenango Coke works, a source of many of the foul odors he and his neighbors suffer through. He took photographs and called complaints in to the county Health Department. “I mastered a whole new vocabulary, with phrases like ‘continuous opacity monitor’ and ‘inhalation cancer risk.’ I learned about the complex relationship between the polluters, the regulators, the legal system, and the political system.” As Ted’s knowledge of air pollution grew, so did his clean air activism. He joined GASP’s board in 2009 and worked with many other local environmental groups. He instructed T’ai Chi and Group Exercise at the YMCA. And then in May his efforts screeched to a halt after his doctor handed him worrying test results. In June, Ted had quintuple bypass surgery. “My cardiovascular system has been compromised, in part, by the pollution from industrial sources near my home. Our region has some of the worst air in the nation. We need clean air now!” Thankfully, Ted is solidly on the road to recovery and more active than ever. He co-founded Allegheny County Clean Air Now, which brought 150 citizens last month to meet with county Health Department officials about continuing problems at Shenango Coke. He works daily to improve air quality for the community. “GASP was a catalyst for me. They know our health is jeopardized by dirty air, and they’re fighting to clean it up. Will you support them today as I do?” On behalf of residents like Ted, GASP recently sued Shenango for hundreds of violations over the last few years. The case awaits a judge’s decision. But Ted is right—you don’t have to wait to support GASP today! Your gift will fund our future work to reduce industrial pollution; increase compliance with PA’s idling law by bus drivers and Pittsburgh Public Schools; and teach hundreds of school children about air quality and how they can help, even at their young age. We will review permit applications of new sources of pollution, train more Smoke Readers, and continue to loan air monitors to concerned citizens so they can understand conditions in their neighborhoods. Without the support of our members, our work wouldn’t be possible. Please join or renew your membership in GASP or make an additional gift today by visiting gasp-pgh.org. Thank you! For clean air, Jonathan Nadle, President, and Rachel Filippini, Executive Director All contributions are tax-deductible to the extent allowed by law. Group Against Smog & Pollution, Inc. is a 501(c)(3) non-profit organization working for a healthy environment. No goods or services were provided in exchange for your contribution. Visit our website at www._gasp-pgh.org_ (http://www.gasp-pgh.org/) or call us at (412) 924-0604 for more information. Thank you!

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Successful tree planting
by Duane 09 Dec '14

09 Dec '14

STEPS TO SUCCESSFUL TREE PLANTING BY DAN MAGILL Well it is the Autumn Season again with winter just around the corner and now is a good time to start planning woodland improvement activities such as planting trees in the upcoming Spring Season. Although this may seem too far ahead of time to get things rolling for Spring-time tree planting, there are several steps to accomplish successful tree planting, growth, and survival. Choosing the right site in woodlands or fields is important because different tree species require distinct site conditions like aspect, soil type and moisture, shade and sunlight conditions, terrain (bottom land, ridge-top, stream-sides) etc. Conducting a soil test for type, pH, moisture and nutrient levels is also one of the most crucial activities that should be conducted to insure successful tree planting, growth, and survival. Additionally, newly planted trees will need to be protected from damage from deer and rabbit browsing, and even bears that will often break off the trees either from curiosity or the bears are trying to get food such as nuts or fruits, or trying to get insects from the tree roots. It is likewise a good idea to order trees well ahead of time such as in autumn to insure the desired tree species to plant can be obtained for the Spring-time planting season. In WV, the Clements State Tree Nursery is currently taking tree orders for the autumn 2014 or spring-time 2015 planting season and the online store-front at:http://www.wvcommerce.org/ClementsNursery, allows customers to shop 24 hours a day, seven days a week. Deliveries start the week of Thanksgiving. The Clements State Tree Nursery can also be reached at 304-675-1820. Duane Nichols, www.FrackCheckWV.net

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MVCAC December 2014