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Daily Environmental Briefing Report
Friday, February 8, 2008
© 2008. Permission is
granted for Internal, Same-Office Distribution Only. |
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In This Issue
-- NATIONAL/INTERNATIONAL NEWS --
State of New Jersey v. EPA Vacates Agency Mercury Rules
Legislators Express Concerns Over New Renewable Fuel Standard
EPA Notices 2008 Renewable Fuels Standard Of 7.76%
Forest Service Releases Final EIS On Forest Planning Rule
Survey Shows Image-Driven "Eco-Friendly" Corporate Commitment
EPA Releases New Greenhouse Gas Equivalent Calculator
EPA Announces New Energy Star Spec For Televisions
-- GREAT
LAKES NEWS --
ATSDR Great Lakes AOCs Report
Held Up 7 Months
--
MICHIGAN NEWS --
MDNR Approves Land Lease &
Reclamation Plan For Kennecott Mine
EPA & MDEQ Approve Bay Harbor Cleanup UIC Well Near Alba
Groups Urge AG Probe Of Entergy Restructuring
Michigan Legislative Tracking
(2/7)
National /
International News
State of New Jersey v.
EPA Vacates Agency Mercury Rules - Feb 8: In the
U.S. Court of Appeals, D.C. Circuit, Case No.
05-1097, consolidated with
05-1104, 05-1116, 05-1118, 05-1158,
05-1159, 05-1160, 05-1162, 05-1163, 05-1164, 05-1167,
05-1174, 05-1175, 05-1176, 05-1183, 05-1189, 05-1263,
05-1267, 05-1270, 05-1271, 05-1275, 05-1277, 06-1211,
06-1220, 06-1231, 06-1287, 06-1291, 06-1293, 06-1294.
In this high profile case involving many states [CA, CT, DE,
IL, ME, MA, MN, NH, NJ, NM, NY, PA, VT and WI],
environmental organizations and industry groups, the Appeals
Court considered petitions for review of
two final rules promulgated by U.S. EPA regarding the
emission of hazardous air pollutants (HAPs) from electric
utility steam generating units (EGUs) -- the so-called
Delisting Rule and CAMR.
The
Appeals Court sets the stage saying New Jersey and fourteen
additional States, the Michigan Department of Environmental
Quality, the Pennsylvania Department of Environmental
Protection, the City of Baltimore (Government Petitioners),
and various environmental organizations (Environmental
Petitioners) contend that EPA violated Section 112’s plain
text and structure when it did not comply with the
requirements of section 112(c)(9) in delisting EGUs.
Government and Environmental Petitioners further contend
that CAMR is inconsistent with provisions of section 111,
and that both the Delisting Rule and CAMR should be vacated.
Certain intervenors -- including various industry
representatives, States, and state agencies -- join EPA in
urging the
lawfulness of the two rules.
The
first rule removes coal- and oil-fired EGUs from the list of
sources whose emissions are regulated under section 112 of
the Clean Air Act (CAA), Revision of December 2000
Regulatory Finding (Delisting
Rule), 70 FR 15,994 (3/29/05). The second rule
sets performance
standards for new coal-fired EGUs and establishes total
mercury emissions limits for States and certain tribal
areas, along with a voluntary cap-and-trade program for new
and existing coal-fired EGUs.
Standards of Performance for New and Existing
Stationary Sources: Electric Utility Steam Generating
Units (CAMR), 70 FR 28,606 (5/1805).
The Appeals Court said, "Petitioners
contend that the Delisting Rule is contrary to the plain
text and structure of section 112. In response, EPA and
certain intervenors rely on section 112(n), which sets
special conditions before EGUs can be regulated under
section 112, to justify the rule. We hold that the delisting
was unlawful. Section 112 requires EPA to regulate emissions
of HAPs.
Section 112(n) requires EPA to regulate
EGUs under section 112 when it concludes that doing so is
'appropriate and necessary.'"
The Appeals Court states further
that, "In
December 2000, EPA concluded that it was 'appropriate and
necessary' to regulate mercury emissions from coal- and
oil-fired power plants under section 112 and listed these
EGUs as sources of HAPs regulated under that section. In
2005, after reconsidering its previous determination, EPA
purported to remove these EGUs from the section 112 list.
Thereafter it promulgated CAMR under section 111. EPA’s
removal of these EGUs from the section 112 list violates the
CAA because section 112(c)(9) requires EPA to make specific
findings before removing a source listed under section 112;
EPA concedes it never made such findings. Because coal-fired
EGUs are listed sources under section 112, regulation of
existing coalfired EGUs’ mercury emissions under section 111
is prohibited, effectively invalidating CAMR’s regulatory
approach. Accordingly, the court grants the petitions and
vacates both rules."
New Jersey Attorney General Anne
Milgram issued a release saying, "In
ruling as it did, the U.S. Court of Appeals for the District
of Columbia agreed with New Jersey and other states, as well
as numerous environmental petitioners that EPA cannot avoid
its legal duty to promulgate strict limits on mercury
emissions from all power plants -- and do so expeditiously.
The ruling means elimination of the EPA’s cap-and-trade
approach to regulating mercury emissions. Cap-and-trade
allows power plants to purchase emissions reduction credits
from other plants that have cut emissions below targeted
levels, rather than meet strict emission levels by
installing stringent pollution controls to reduce mercury
emissions at their own plants."
Milgram added, “From the beginning we
have maintained that the EPA adopted standards for
regulating mercury, a dangerous neurotoxin, which were weak,
ineffectual and ran counter to the clear intent of the Clean
Air Act.” Milgram's release indicates that, "Coal-fired
power plants are the largest source of uncontrolled mercury
emissions, generating 48 tons of mercury emissions per year
nationwide. EPA finalized its cap-and-trade system for
regulating mercury emissions from power plants in May 2006
despite reports that called into question the conclusions
underlying the rule. Research funded by the EPA itself found
that wet mercury deposition rates from local coal-fired
industrial sources were many times higher than EPA
projections. The research, conducted in Steubenville, Ohio,
bolstered arguments that there was significant potential for
uncontrolled local emission sources to perpetuate mercury
hot-spots."
Vickie Patton, an attorney with
Environmental Defense, which
along with Sierra Club and the National Wildlife Federation
was represented by Earthjustice in the lawsuit said, “The
federal court agrees with the American Medical Association
that EPA's flawed mercury program for coal plants is
hazardous to our health.
This decision is a victory for the health of all Americans,
but especially for our children who can suffer permanent
brain damage from toxic mercury pollution.” Alice McKeown,
coal analyst for the Sierra Club said, “Coal company claims
of ‘clean coal’ will now be put to the test. These mercury
pollution reductions will be an important trial run to see
if coal is still viable in a cleaner energy future.” The
environmental groups said that approximately 1,100
coal-fired units at more than 450 existing power plants
account for the emissions of 48 tons of mercury annually.
Yet only 1/70th of a teaspoon of mercury is needed to
contaminate a 25-acre lake to the point where fish are
unsafe to eat.
Access the complete 18-page
opinion (click
here). Access a release from the New Jersey AG (click
here). Access a release from Environmental Defense
(click
here). [*Air, *Toxics]
Legislators Express Concerns Over New Renewable Fuel
Standard - Feb 7: At the Senate Energy & Natural
Resources Committee, Chaired by Senator Jeff Bingaman
(D-NM), Oversight Hearing on the recently-passed renewable
fuel standard (RFS) contained in the Energy Independence and
Security Act (EISA. H.R. 6, now Public Law No: 110-140 [ See
WIMS 12/14/07]). Both Chairman Bingaman and Ranking
Member Pete Domenici (R-NM) expressed concerns over the new
RFS.
Bingaman
said, "...today’s hearing concerns the Renewable Fuel
Standard (RFS), which is a cornerstone of this legislation
and which some have suggested is flawed. The RFS requires
that increasing amounts of our motor vehicle fuel come from
biofuel, such as ethanol from corn and biodiesel from soy.
Homegrown biofuels are good energy policy, good
environmental policy and good national security policy.
However, there is some concern that RFS as enacted risks
taking the biofuels industry backward rather than pushing it
ahead. I am particularly concerned about three aspects of
the RFS: first, early year biofuel requirements could be too
aggressive; second, mandates for specific technologies and
feedstock could prove to be overly prescriptive; finally,
the environmental restrictions may be too narrow.
“The RFS almost doubles the amount of ethanol and
biodiesel required this year, from 4.7 billion gallons in
2007 to 9 billion gallons in 2008. While it appears likely
that there will be enough ethanol and biodiesel production
capacity to satisfy the requirement [See related article
below], it is not clear how all of this biofuel will find
its way into the fuel tanks of our cars and trucks. Because
the law was signed only weeks before the 2008 requirement
came into effect, refiners had no opportunity to ensure that
sufficient infrastructure would be in place to handle that
much of an increase.
“The second concern is that the law favors certain
technologies and feedstock with individual mandates... With
roughly 80 percent of the advanced biofuels requirement
already dedicated to specific feedstock or technologies,
there is little room in the RFS for technological advance. A
final concern is the definition of ‘renewable biomass’ from
which the required biofuel can be derived is too narrow...
“The
question before us now is how to make the RFS work. The
cost of failure is high. If we cannot produce enough
ethanol and biodiesel to meet these aggressive mandates,
while maintaining food and fuel prices that consumers can
afford, taxpayers will blame Congress, as they should.
Furthermore, the biofuel industry will be tarnished. For
these reasons, I am committed to finding a way to make this
RFS work as intended.”
Senator Domenici said, "The final RFS was inserted by
the House of Representatives, and there was no conference
committee process to work out differences with the Senate...
I think it is pretty obvious that either a lot of good
administrative people will have to get together and resolve
this in a way that would be extraordinary or we’ll have to
end up changing things... So, I ask, is what is on the books
going to work? Are we going to have to modify it to reach
our goals? If we don’t know the answer, there will be
excuses out there in the market as to why things don’t get
done..." Domenici identified a number of areas that may need
attention, including very broad waiver authority given to
the EPA Administrator, limits on what type of land can be
used to cultivate crops, and definitions in the RFS which
preclude materials from forest thinning to be used as
biomass.
Access the statement from Senator Bingaman ( click
here). Access the statement from Senator Domenici ( click
here). Access the hearing website for links to all
testimony, statements and a webcast ( click
here).
Access the Energy Act summary (click
here). Access the full text of the Energy Act
Enrolled Bill (click
here). [*Energy]
EPA
Notices 2008 Renewable Fuels Standard Of 7.76% -
Feb 8: U.S. EPA announced that it is raising the 2008
renewable fuels standard (RFS), which determines how much
non-petroleum fuel will power your vehicle, to 7.76 percent.
The move is in response to the Energy Independence and
Security Act (EISA), which President Bush signed in December
(H.R. 6, now Public Law No: 110-140 [See
WIMS 12/14/07]). Last November, EPA announced a RFS
of 4.66 percent, based on previous law, that mandated at
least 5.4 billion gallons of renewable fuels be blended into
the nation's transportation fuels this year. However, EPA is
now increasing the standard to 7.76 percent to comply with
the new minimum of 9.0 billion gallons of renewable fuel
that EISA requires.
EISA increases the overall volume of renewable fuels
that must be blended each year, reaching 36 billion gallons
in 2022. To achieve these volumes, EPA annually calculates
the percentage-based standard, which applies to refiners,
importers and non-oxygenate blenders of gasoline. Based on
the standard, each of the parties determines the minimum
volume of renewable fuel that it must use. The RFS program
creates new markets for farm products, increases energy
security, and promotes the development of advanced
technologies that would expand the production of renewable
fuels.
On February 7, 2008, the Senate Energy & Natural
Resources Committee, Chaired by Senator Jeff Bingaman
(D-NM), held an Oversight Hearing to receive testimony on
the energy market effects of the recently-passed renewable
fuel standard (RFS) [See WIMS 2/7/08].
Access a
release from U.S. EPA (click
here). Access the prepublication copy of the
Federal Register notice (click
here). Access EPA's RFS Program website (click
here). Access the Senate hearing website for links
to all testimony, statements and a webcast (click
here). [*Energy]
Forest Service Releases Final EIS On Forest Planning
Rule - Feb 7: The U.S. Forest Service (USFS)
announced that it has moved one step closer to finalizing a
new planning rule that it said will engage the public in the
development, implementation and monitoring of forest plans.
The release of the agency’s Final Environmental Impact
Statement (FEIS) for the 2008 Planning Rule identifies the
Forest Service’s preferred alternative and is a procedural
move towards the implementation of a new planning rule. USFS
said the planning rule is important because it brings people
together with the Forest Service to develop land management
plans which provide the framework for all resource and
recreation management on national forests and grasslands
nationwide.
Joel Holtrop, Deputy Chief
of the National Forest System said, “The process of
developing a forest plan is a public service that ensures a
great future for national forests on behalf of the American
public. We’re proud of this vitally important planning
process and yet we recognize that improvements were needed
to emphasize more public collaboration, to be more adaptive
to changing environmental conditions, and to ensure the
protection of wildlife. The preferred alternative
encompasses all of these elements.”
After receiving and considering over 79, 000 comments on
a draft environmental impact statement, the Forest Service
developed "Alternative M" as their preferred alternative.
They said, "The alternative is based on public comment and
builds on the 1982, 2002, and 2005 Planning Rules and years
of professional forest planning experience. The preferred
alternative provides extensive public participation and
offers an approach to quickly respond to changing natural
resource conditions."
David Dillard, Director of Ecosystem Management
Coordination said, “This preferred alternative expands
public involvement by requiring early and frequent public
dialogue in all phases of the development, implementation
and monitoring of land management plans. This exceeds
National Environmental Policy Act (NEPA) requirements for
public involvement. Our goal is to create strong, relevant
conversations that address local issues as well as
incorporate the latest available science and technology in
the plans. Additionally, all plans and projects developed
under those plans are expected and required to comply with
NEPA.”
The FEIS will now be sent to the Department of
Agriculture for a decision on a final rule for forest
planning. The Record of Decision and final rule will be
published in the Federal Register in approximately 30 days.
In a
release, Earthjustice points out that almost a year ago, a
Federal judge threw out the Forest Service's attempt to
seriously weaken the rules that protect 193 million acres of
National Forest land all across the country. The court found
that administration officials had failed to do a legally
required Environmental Impact Statement to determine how
weakening protections for wildlife, clean water, old growth,
and public involvement in the planning process would affect
our forests. Trent Orr of Earthjustice, who argued that case
said, "The national forest planning rules are like the
Constitution for our national forests, and the Bush
administration tried to throw out the Bill of Rights. The
Forest Service appears to be rushing out yet another set of
regulations that weaken protections for wildlife and
biological diversity on the national forests. This proposal
will continue to favor industrial forestry over protecting
clean streams and fisheries."
Earthjustice said, "Unfortunately, the court-ordered
Final Environmental Impact Statement released today fails
once again to live up to what the court, or the law,
required. Like the draft released this summer, it provides
no actual impact analysis of Bush's proposed regulations or
of potential alternative forms of those regulations, which
should be the heart of an EIS. Instead, it brashly states
that none of the alternatives would affect the environment.
This doesn't come close to complying with the National
Environmental Policy Act."
Access a release from USFS ( click
here). Access the FEIS and multiple appendices ( click
here). Access a lengthy release from Earthjustice ( click
here). [*Land]
Survey Shows Image-Driven
"Eco-Friendly" Corporate Commitment - Feb 7:
BearingPoint, Inc. (NYSE: BE), one of the world’s largest
management and technology consulting firms, announced the
results of a survey that suggest that corporate image is one
of the most significant motivations for U.S. companies to be
“eco-friendly”. The survey results were gathered from data
from more than 600 executives from large firms around the
world. Seventy-one percent of U.S. companies reported that
they proactively market the “environmental friendliness” of
their products to their customers, which is comparatively
higher than the global average of 59 percent. Yet, U.S.
companies lag behind their global counterparts in developing
“green” supply chains, the process by which products and
services get from design to delivery and the operational
area of many enterprises that is widely believed to leave
the most significant environmental footprint. Globally, the
single-most important driver for companies to implement
“greener” operations is regulatory compliance.
Tom Wrobleski, BearingPoint’s North American Supply
Chain Practice Leader said, “For several years, U.S.
companies have enjoyed significantly less regulatory
oversight of their environmental impact. Most of the
investment into being environmentally friendly has been
driven by improving the corporate image. The U.S. consumer
wants to buy socially responsible products and companies
know that. That said, we expect to see U.S. companies take a
much closer look at their environmental impact during the
next few years, as energy costs have skyrocketed making the
motivation much less about regulatory pressure and corporate
image, and more about cost-savings."
Also of note is the fact that 36 percent of the
companies said their greatest barrier toward the
implementation of “environmentally friendly” supply chains
is a lack of information while 11 percent saw cost as a
limiting factor. Wrobleski said, “Companies want to be
environmentally friendly. They know that in the long run,
sustainability will become an increasingly important factor
for corporate success as it will keep costs contained and
ensure resources for the future. The problem, in many cases,
is not that it’s too expensive to implement 'green' supply
chains, it’s that they don’t know how to.”
While 83 percent of all companies surveyed claim to
factor environmental concerns into their corporate strategy,
slightly less than a quarter of U.S. companies have worked
to implement “green” supply chains, while approximately 38
percent of European companies and nearly all Japanese
companies have taken steps to ease their environmental
impact of their supply chain. Wrobleski indicated, “The most
significant strides we’ve seen in the U.S. are being taken
by industry groups. Industry groups often share the same
suppliers and have similar supply chain models so it is in
their best interest to work together to build efficiencies
at an industry level and, at the same time, enhance the
“environmentally friendly” image of their industry.”
Access a release from BearingPoint
and link to the complete survey (click
here, registration required).
[*P2/Sustainability]
EPA
Releases New Greenhouse Gas Equivalent Calculator -
Feb 7: U.S. EPA's has announced a new Greenhouse Gas
Calculator that helps turn greenhouse gas (GHG) savings into
more easily understood everyday terms.
The
calculator converts GHG-related savings estimates, typically
presented in "million metric tons of carbon dioxide
equivalents (MMTCO2Eq)" into
familiar terms such as the greenhouse gas emissions that
would result from: Driving a particular number of cars for a
year; Using a particular amount of gasoline or barrels of
oil; Using a particular number of tanker trucks' worth of
gasoline; Providing energy to a particular number of homes
for a year; Growing trees across a particular number of
acres for a year; Recycling a particular quantity of waste
instead of sending it to the landfill; or Generating
electricity from a particular number of coal fired power
plants for a year.
The Calculator allows users to enter
savings in emissions, electricity consumption, gallons of
gasoline, or number of vehicles and determine up to 13
different ways to express the magnitude of the savings. The
calculator uses the latest emission factors, approaches and
statistics available through 2007.
As an example, if a typical household switched all its
incandescent light bulbs to Energy Star qualified compact
fluorescent light bulbs, it would save about 75 percent of
the lighting electricity use, or about 1,463 kWh a year.
After five years, these energy savings are equivalent to:
Saving about 10,289 pounds of CO2 emissions; Conserving 530
gallons of gasoline; Saving 11 barrels of oil; Planting 120
tree seedlings; or
Recycling 1.6 tons of waste.
Access an EPA release (click
here). Access the EPA Calculator (click
here). [Note: WIMS has added a link to
the GHG Equivalent Calculator on the EcoBizPort Climate
Change website (click
here).] [*Climate]
EPA Announces New
Energy Star Spec For Televisions - Feb 5: U.S. EPA
announced a revised Energy Star specification for
televisions. Effective November 1, 2008, TVs that carry the
Energy Star label will be up to 30 percent more efficient
than conventional models and will save energy while they are
on and when they are off. The new modifications are expected
to prevent greenhouse gas emissions while offering
U.S. consumers the very best in terms of feature-rich,
high-quality TVs. According to recent market research, North
American shipments of TVs will top 36 million units in 2008.
These TVs will typically be larger, in use more hours a day,
and offer more vibrant pictures and other great features
than their predecessors. However, these enhancements can
come with a hefty energy price tag.
EPA Administrator Stephen Johnson said, "Energy Star's
new specifications for televisions are turning the channel
on energy guzzling sets -- making them go the way of
rabbit-ears and the black and white TV. After the new
specification goes into effect, if all TVs sold in the
United States meet the Energy Star requirements, the savings
in energy costs will grow to about $1 billion annually and
greenhouse gas emissions will be reduced by the equivalent
of about 1 million cars. The
United States now has
more than 275 million TVs in use; they consume over 50
billion kWh per year.
Access a release from EPA (click
here). Access the Energy Star TV/VCR website for
detailed information (click
here). [*Energy]
Great Lakes News
ATSDR
Great Lakes AOCs Report Held Up 7 Months -
Feb 7: According to the Center for Public Integrity (CPI),
"For more than seven months, the nation’s top public health
agency has blocked the publication of an exhaustive federal
study of environmental hazards in the eight Great Lakes
states, reportedly because it contains such potentially
“alarming information” as evidence of elevated infant
mortality and cancer rates."
CPI says the 400-plus-page study,
Public Health Implications of
Hazardous Substances in the Twenty-Six U.S. Great Lakes Areas
of Concern, was undertaken by a division of the Centers
for Disease Control and Prevention at the request of the
International Joint Commission (IJC), an independent bilateral
organization that advises the U.S. and Canadian governments on
the use and quality of boundary waters between the two
countries. The study was originally scheduled for release in
July 2007 by the IJC and the CDC’s Agency for Toxic Substances
and Disease Registry (ATSDR).
CPI has obtained the study, which it says "warns that more
than nine million people who live in the more than two dozen
'areas of concern' [AOCs] -- including such major metropolitan
areas as Chicago, Cleveland, Detroit, and Milwaukee -- may
face elevated health risks from being exposed to dioxin, PCBs,
pesticides, lead, mercury, or six other hazardous pollutants."
Access a brief article on the report
and link to the report which is marked throughout "do not
quote or cite" (click
here). Access links to various Internet
citations to the report (click
here). Access various Blog posts regarding the report
(click
here). Access various news media reports (click
here). Access complete information on Great Lakes
AOCs (click here).
[*GLakes]
Federal Register
Highlights
The following is a summary from our Daily
REGTrak Bulletin* for:
Friday, February 8, 2008.
Federal Register
Vol. 73, No. 27
There are 3
announcements in this issue
__________________________________
ANPR -
Advance Notice of Proposed Rulemaking;
FR - Final Rule;
FRD - Direct final rule;
FRI - Interim final rule;
ICR - Information
Collection Request; ND -
Notice of data, information, reports, etc. availability;
NF - Notice of Funding
Opportunity; NM - Notice of
Meeting; NS - Notice of
administrative/court settlement;
PR - Proposed Rule; ROD
- Record of decision
*If you
need further information on the above announcements you
may want to subscribe to our REGTrak service.
Subscribers receive a complete Federal Register summary
of nationally applicable environmental announcements,
contact information and direct links to the full-text of
each announcement (pdf & html) before 8 AM each day for
$139 per year (click
here). You can also
access our Federal Regulatory website and follow the
links from there (click
here).
Article Coding: [Air]
= Air; [All] = Cross-Media, ecosystems; [Climate]
Climate Change; [Drink] = Drinking Water; [Energy] =
Energy; [GLakes] = Great Lakes; [Haz] = Hazardous Waste;
[Land] = Land Use, Forests; [P2] Pollution Prevention,
Sustainability; [Remed] = Remediation, Brownfields;
[Tanks] = AST, UST; [Toxics] =Toxics, Pesticides;
[Transport] = Transportation; [Solid Waste]; [Water] =
Water; [Wildlife] = Wildlife, Endangered Species.
Michigan News
MDNR Approves Land Lease & Reclamation Plan For Kennecott Mine
- Feb 7: The Michigan Department of Natural Resources (MDNR)
authorized a land surface use agreement, and also approved
Kennecott Eagle Minerals Company's proposed post-mining
reclamation plan which constitute the final approvals the
company needs from the State of Michigan before beginning
construction of an underground mine in the State’s Upper
Peninsula, northwest of Marquette [See WIMS 1/30/08].
Kennecott said the Eagle Mine will serve as the only primary
nickel mine in the United States, and will employ hundreds of
area workers over the coming decade during construction and
operations. The MDNR approvals complete the State’s permitting
role. A Federal underground injection control permit is still
needed, and under consideration by U.S. EPA [See WIMS
1/14/08].
Opponents of
the operation had hoped MDNR would deny the lease agreement
and plan. As a first step in a legal challenge to halt the
mine, the National Wildlife Federation (NWF), Keweenaw Bay
Indian Community, Huron Mountain Club and Yellow Dog Watershed
Preserve have already filed a contested case petition and a
lawsuit against MDEQ for its approval of the mining proposal
in December.
Eagle General
Manager Jon Cherry said, “Completion
of the state approval phase marks an important milestone in
the development of the
Eagle project, as it moves the project to realization.
Achieving the necessary state approvals has been the focus of
our activities over the last four years, and obtaining them
literally moves the project ‘off of paper and onto the
ground’. The approval process has been thorough and rigorous,
as expected of the first new mine in Michigan’s modern era.”
Kennecott officials have said the company has additional
exploration activities underway that could potentially extend
the role mining plays in the economy for many years to come.
Kennecott said its production of minerals from the underground
ore body at Eagle could generate a royalty of up to $50
million to the State’s Natural Resources Trust Fund, based on
commodity prices for nickel and copper.
The land surface use agreement
covers a 120-acre area of State-owned land where aboveground
facilities and equipment will be built to service mine
operations, along with the portal to the underground deposit.
Approval of the reclamation plan provides additional
regulatory agency oversight of Kennecott’s activities related
to removing facilities and returning the land to pre-mining
conditions once mining operations have concluded. The MDEQ
also has oversight of post-mining activities at the site.
NWF issued a release saying
that MDNR's decision to grant a 40-year lease of public lands
in the Upper Peninsula "to a foreign-owned mining company
amounts to corporate welfare" Michelle Halley, attorney for
NWF said, "the unprecedented lease is a clear-cut case of the
DNR sacrificing public land for private gain." She said, "KEMC
[Kennecott] did not adequately address subsidence concerns,
ignored some requests related to identifying and preventing
leaks, and submitted materials that were woefully lacking.
Experts tell us that this project is still fatally flawed,
making the DNR land-lease approval even more appalling.”
NWF said, "Inadequate monitoring fees are also of grave
concern. Located beneath the Salmon Trout River and with the
likelihood of contaminating the entire watershed, opponents
say close monitoring of this project is an absolute
necessity." Halley indicated that expectations for
monitoring by MDNR are low saying, “With a monitoring fee of
only $4,000 per year, no meaningful monitoring will occur.
That amount will not even cover lab fees for the most basic
of water quality testing, much less staff time for
collecting samples and on-site inspections.” NWF said while lawsuits and
contested cases are on-going in regards to the MDEQ permits,
NWF and other citizens groups opposed to the mine plan to
mount a legal challenge of the DNR lease approval.
Access a release from
Kennecott (click
here). Access a release from NWF (click
here). Access the MDEQ OGS Eagle Mine Information
website for links to additional information (click
here).
Access the MDEQ Kennecott website for the
Metallic Mineral Mining Operations Surface Use Lease Revised
01/28/08 ( click
here). Access the NRC Agenda for links to the
Kennecott Mining and Reclamation Plan and Surface Use List ( click
here, scroll down to Director's Action
Items). Access the WIMS-EcoBizPort Special Report on the
Kennecott Mining Proposal for previous WIMS articles, links
and background information ( click
here). Access links to various media reports on the
decision ( click
here). [*MIAll]
EPA & MDEQ Approve Bay Harbor Cleanup UIC Well Near
Alba - Feb 7: U.S. EPA Region 5 announced that it has
approved a permit for Beeland Group LLC, of Jackson, MI, a
subsidiary of CMS Energy, to construct and operate a Class
I underground injection disposal well in Antrim County
to dispose of treated contaminated ground water from an
ongoing cleanup of a former cement kiln site at Bay Harbor,
along Little Traverse Bay [See WIMS 1/17/08]. The permit only
allows the disposal of nonhazardous liquid waste. Tinka Hyde,
Acting EPA Water Division Director said, "EPA understands that
people are concerned about the safety of underground injection
wells. The agency has carefully reviewed Beeland's permit
application, supporting technical information and public
comments and has determined that the well can operate safely
and will not harm sources of drinking water or the Jordan
River."
Star Township supervisor Richard Steel said, "We’re going
to do what we have to to keep it out of the township.” The
company proposes to send the wastewater deep underground, more
than 1,000 feet below the closest source of drinking
water. The well would be located a quarter mile west of the
intersection of Alba Highway/County Road 42 and Patterson
Road, east of Alba which is northeast of Mancelona. EPA said
similar disposal wells operate elsewhere in Antrim County and
are used to dispose of brine from oil and gas production.
MDEQ also issued a release and Director Steven Chester
said, "Our decision affirms that this proposal meets all
existing environmental standards, however, we will continue to
work with CMS to explore long-term disposal options. The
contamination at Bay Harbor must be remediated to protect
human health and the environment in a manner that is best for
Michigan." CMS is a former partner in developing the Bay
Harbor property and has taken responsibility for addressing
the contamination problem. The company is currently evaluating
long-term options for treatment and disposal, but intends on
using the Alba well in the near-term in order to have a
dedicated disposal well closer to the source of the problem.
CMS currently disposes the treated water at the Grand Traverse
Wastewater Treatment Plant and in a commercial disposal well
located about 50 miles from Bay Harbor and 15 miles east of
Gaylord.
Access a release from U.S. EPA ( click
here). Access a release from MDEQ with links to the
permit and response to comments ( click
here). Access
a fact sheet on the proposal (click
here). Access more information on the Bay Harbor
cleanup (click
here). Access more information from EPA (click
here). [*MIWater, *MIDrink]
Groups
Urge AG Probe Of Entergy Restructuring - Feb 7: Six
environmental groups sent a letter to Michigan’s Attorney
General, Michael Cox, urging him to investigate the corporate
restructuring of Mississippi-based Entergy Nuclear, which owns
and operates the Palisades nuclear reactor in Covert, as well
as bears responsibility for the high-level radioactive wastes
stored at the former site of the Big Rock Point nuclear
reactor in Charlevoix. The groups said Entergy is seeking
permission from the U.S. Nuclear Regulatory Commission (NRC)
to spin off Palisades and Big Rock Point -- and several
additional reactors in Massachusetts, New York, and Vermont --
as limited liability holding companies [See WIMS 1/16/08,
Federal Register announcements].
The groups
say, the Clarion Ledger in Mississippi recently quoted
Entergy CEO J. Wayne Leonard as saying "the [nuclear] plants
in Michigan and the Northeast had been ‘the real cash cow’
driving Entergy's earnings growth over the past nine years."
Michael Keegan of the Coalition for a Nuclear-Free Great Lakes
in Monroe said, "Incredibly, Entergy’s first name for this
corporate restructuring was SpinCo. It couldn’t be more
appropriate, as Entergy spins a web of illusory holding
companies and legal gimmicks to shield itself from the
catastrophic risks Palisades, Big Rock Point and other
reactors pose to the Great Lakes and State of Michigan."
The coalition urged Attorney General Cox to "open up the
process for the maximum public scrutiny and understanding, as
capitalization has direct implications for Entergy's ability
to assume its share of liability for any nuclear accidents
under federal law." They said the restructuring will have
ramifications of control, ownership, liabilities, and
ultimately, potential conflicts of interest." The
environmental coalition also urged Attorney General Cox to
consult with the Attorneys General of Massachusetts, New York,
and Vermont on this Entergy Nuclear spin off of reactors in
those states. The groups have also sought an extension from
the NRC in order to submit comments and consider formal
intervention. Groups involved in the coalition include: Beyond
Nuclear, Citizens for Alternatives to Chemical Contamination,
Coalition for a Nuclear-Free Great Lakes, Don't Waste
Michigan, Huron Environmental Activist League and Michigan
Environmental Council.
Access
a release from the groups ( click
here). [*MIEnergy, *MIHaz/Nuclear]
Michigan
Legislative Tracking (2/7)
Click on the
bill number for complete status, full text, &
analyses. Uppercase is Senate action; lowercase is House
action.
For a complete list of environmental
legislation this session ( click
here).
IN THE HOUSE
SB 0047 of 2007 Economic
development; tax increment financing; water improvement tax
increment financing authority; create. [2nd Reading]
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