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Federal Appeals Court Upholds EPA Mercury Rule

federal appeals court upheld the U.S. Environmental Protection Agency’s Mercury and Air Toxics Standards (MATS) requiring power plants install technology to cut emissions of mercury and other air pollutants. MATS was challenged by industry and several states that argued the EPA should have considered costs when determining whether it was “appropriate and necessary” to go forward with the standards. The EPA contended the rule was required under the Clean Air Act.

“On its face,” the majority opinion said, the Clean Air Act “neither requires EPA to consider costs nor prohibits EPA from doing so. Indeed, the word ‘costs’ appears nowhere” in that section of the law.

Although Judge Brett Kavanaugh—one member of the three-judge panel—agreed with the majority in other aspects of the ruling, he wrote a dissenting opinion on when the EPA should have considered the costs of MATS.

“The estimated cost of compliance with EPA’s Final Rule is approximately $9.6 billion per year, by EPA’s own calculation … To put it in perspective, that amount would pay the annual health insurance premiums of about two million Americans. It would pay the annual salaries of about 200,000 members of the U.S. Military. It would cover the annual budget of the entire National Park Service three times over,” Kavanaugh wrote.

Most power plants will have until March 2015 to meet the requirements set forth by the standards, but extensions to 2016 are possible. Despite the litigation, nearly 70 percent of coal-fired power plants are already in compliance with MATS, according to the Energy Information Administration.

The appeals court ruling comes as the EPA released findings that between 2011 and 2012 U.S. greenhouse gas emissions dropped 3.4 percent—an overall decrease of 10 percent below 2005 levels. The findings are based on data in the agency’s annual inventory of U.S. greenhouse gas emissions and sinks. The agency attributed the decrease, in part, to reduced emissions from electricity generation, much of which is attributable to the increased usage of gas instead of coal—a change that has been influenced by the mercury regulations.

Methane Emissions Rule May be on Horizon

Five papers exploring methane emissions from compressors, leaks, liquid unloading, pneumatic devices and hydraulic fracturing production were released by the EPA for public comment Tuesday.

“The white papers will help EPA solidify our understanding of certain sources of methane and volatile organic compound (VOC) emissions in the oil and natural gas industry,” the agency said in a statement. “Methane is a potent greenhouse gas, and VOCs contribute to the formation of harmful ground-level ozone (smog).”

The release of the papers is a first step in what could become a new set of regulations governing emissions of methane from oil and gas operations.

A day earlier, a study published in the Proceedings of the National Academy of Sciences suggested that the EPA underestimated methane emissions from oil and gas operations. In a survey of hydraulic fracturing sites in southwestern Pennsylvania, the peer-reviewed study found that drilling operations released methane at rates that were 100 to 1,000 times greater than the EPA expected. Seven well pads—1 percent of all the wells in the research area—accounted for 4 to 30 percent of the recorded emissions.

Four Years Later, BP “Active” Spill Response Concludes

The “active cleanup” phase of BP’s Deepwater Horizon oil spill ended this week, days before the four-year anniversary of the 2010 spill.

“Let me be absolutely clear: This response is not over—not by a long shot,” said Capt. Thomas Sparks, the Coast Guard federal on-scene coordinator for the Deepwater Horizon response. “Our response posture has evolved to target re-oiling events on coastline segments that were previously cleaned.”

BP said its cleanup involved aerial patrols over more than 14,000 miles of shoreline and ground surveys covering more than 4,400 miles.

“Immediately following the Deepwater Horizon accident, BP committed to cleaning the shoreline and supporting the Gulf’s economic and environmental recovery,” BP said in a press release. “Completing active cleanup is further indication that we are keeping that commitment.”

Multiple studies are attempting to assess not only the reach of the spill, but also its health effects for spill responders and Gulf wildlife. A new report by the National Wildlife Federation used data from independent scientists and the National Oceanic and Atmospheric Administration to assess how 14 species were faring. Some—such as the bottlenose dolphins and sea turtles—are still dying in large numbers due to the spill.

The Climate Post offers a rundown of the week in climate and energy news. It is produced each Thursday by Duke University’s Nicholas Institute for Environmental Policy Solutions.