Climate 411

The Mercury Standards, Post-Supreme Court – Still in Effect, Still Protecting Americans

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Supreme Court of the United States

The U.S. Environmental Protection Agency (EPA) first proposed the Mercury and Air Toxics Standards back in 2011, at a news conference at Children’s Hospital with cheering children and families surrounding the speakers.

They were cheering because the Mercury Standards were the single most important clean air measure of our generation – designed to protect Americans from some of the worst, most dangerous types of air pollution.

They still are.

This week’s disappointing Supreme Court decision, remanding the standards back to the D.C. Circuit Court for further analysis, has distracted from that fact.

But the fact remains – the Mercury and Air Toxics Standards are a suite of life-saving protections against some of the most health-harming substances emitted by coal and oil-fired power plants, including mercury, arsenic and other heavy metals, and acid gases.

Here’s What Happened

Coal- and oil-fired power plants are by far the largest emitters of these pollutants, which are dangerous to human health even in small doses. Mercury causes brain damage in children, metal toxics like chromium and nickel cause cancer, and acid gases cause respiratory problems.

This week, the Supreme Court held that EPA should have considered the costs of regulation when it made a threshold determination under section 112 of the Clean Air Act that it is “appropriate and necessary” to move forward with the first-ever national limits for these noxious emissions. It is now up to EPA to determine the best way to respond to the decision.

(The case was Michigan v. EPA. EDF was a party to the case. You can read the decision and the sharp dissent here.)

What does the Supreme Court ruling mean for the Mercury Air Toxics Standards?

Here are three important things you should know.

First — there is every reason to believe EPA can quickly amend its “appropriate and necessary” finding to address the Supreme Court’s decision, without affecting the substance of the Mercury and Air Toxics Standards themselves.

Importantly, the Court left it up to EPA to determine how to evaluate costs and how to weigh those costs against the benefits of regulation. As the Court’s opinion acknowledged, EPA has already conducted an extensive review of both the costs and benefits of the Mercury and Air Toxics Standards as part of the regulatory analyses most agencies carry out under Executive Order 12866. That analysis contains overwhelming evidence showing that the benefits of MATS far outweigh its costs.

According to EPA, the monetized benefits of the Mercury and Air Toxics are expected to be up to $90 billion per year.

That amount reflects the enormous health benefits Americans will get from the standards. EPA estimates that they will prevent 11,000 premature deaths, up to 4,700 heart attacks, and up to 130,000 asthma attacks each year.

There are substantial and additional non-monetized benefits associated with reduced exposure to mercury and other harmful pollutants regulated by the Mercury and Air Toxics Standards.

Moreover, in spite of the power industry’s claims, reducing these emissions has proven much less expensive than initially projected. Major power companies such as AEP, NRG, and FirstEnergy have been reporting to their investors that the costs of the Mercury and Air Toxics Standards are as much as 70 percent lower than they first estimated.

The bottom line is that the Mercury and Air Toxics Standards are an extraordinarily beneficial public health measure and are providing healthier, longer lives for millions of Americans at a fraction of the costs predicted.

Second — the Mercury and Air Toxics Standards can and should continue to be implemented while EPA amends its “appropriate and necessary finding.”

The Supreme Court’s opinion did not prohibit the implementation of the Mercury and Air Toxics Standards – and in the past, the appellate courts have often allowed Clean Air Act regulations to remain in place while EPA amends them to address technical or legal issues.  

In this case, a large majority of American power plants are already in compliance with the Mercury and Air Toxics Standards — in many instances because they have been upgrading pollution controls to comply with state emission standards or other Clean Air Act requirements.  M.J. Bradley & Associates recently estimated that about 70 percent of the U.S. coal fleet had installed pollution controls to comply with the standards by the April 2015 deadline. In addition, a substantial number of plants have received one-year extensions to this compliance deadline and are now working to install pollution controls by April 2016.

Given the importance of the Mercury and Air Toxics Standards to public health, and the overwhelming likelihood that EPA will be able to quickly address the Court’s decision, there is no reason that power plants should be allowed to delay installing pollution controls or cease operating already-installed pollution controls.

Third – the Supreme Court decision has no adverse implications for EPA’s Clean Power Plan – despite the wild claims being made by some opponents of these vital limits on carbon pollution from power plants.

The Mercury and Air Toxics Standards and the Clean Power Plan are based on entirely separate Clean Air Act authorities that reside in separate parts of the statute. The authority EPA is acting on to develop the Clean Power Plan expressly provides for the consideration of costs, and EPA has carefully taken costs into account in the Clean Power Plan in the manner required by the statute. Thus, claims that the ruling on the Mercury and Air Toxics Standards should somehow cast doubt on the legality of the Clean Power Plan are severely misguided.

Summing It Up

Marian Burton, president of the American Academy of Pediatrics, summed it up perfectly back in 2011, when the Mercury and Air Toxics Standards were first proposed:

Dirty air makes children sick … If you think it’s an expensive process to put a scrubber on a smokestack, you should see how much it costs over a lifetime to treat a child with a preventable birth defect.

That’s why hundreds of thousands of Americans sent comments to EPA in support of the Mercury and Air Toxics Standards.

It’s why EDF and so many other health, environmental, and social justice groups will go back to the D.C. Circuit Court to defend the standards.

We’ll keep fighting to make sure the Mercury and Air Toxics Standards are fully implemented so we can realize the promise of the Clean Air Act — and make sure all Americans have safe, healthy air to breathe.

Posted in Clean Air Act, EPA litgation, Health, News, Policy / Comments are closed

Urgency and Opportunity for Latino Leadership on Climate

Las Vegas -- Wikimedia Commons

Las Vegas — Wikimedia Commons

When I landed in Las Vegas last week, the weather was a broiling 108 degrees. Ouch.

I braved the Las Vegas heat for one of the most inspiring convenings of Latino leaders in the country, the Annual Conference of the National Association of Latino Elected Officials (NALEO). We had a chance to hear from established and rising Latino leaders, as well as from Presidential candidates, about the challenges facing Latino communities and the many paths forward for creating a brighter future.

What we did not hear about was a vision for places like Las Vegas, where summer temperatures are bound to get hotter and water will become even more scarce in the face of climate change. In fact, there was no formal conversation about what climate change means for the U.S., and specifically for Latinos.

Here’s the short version of the missing conversation on climate: climate change presents challenges to everyone but it is having, and will continue to have, a disproportionate impact on Latinos in the United States.

To illustrate, let’s look at the three states that house more than half the Latinos in the US:

  • California, and the state’s majority Latino population, is facing its fourth year in historic drought that’s been exacerbated by climate change.
  • This summer, Texas experienced unprecedented flooding, nearly canceling out the state’s prior state of drought, in a demonstration of the kind of extreme weather linked to climate change.
  • Florida’s real estate and freshwater is already threatened by initial increases in sea-level rise, which are also eroding the state’s beaches.

There are more than 28 million Latinos facing climate threats in these three states alone. That does not count the millions of other Latinos nationwide who will face extreme heat and longer wildfire seasons in the Southwest this summer. It does not account for all 49 percent of Latinos nationally who live in coastal communities and will face more frequent and intense hurricanes and flooding. It also does not account for the full 14 percent of Latino kids diagnosed with asthma, who will face greater challenges to managing this condition due to more days with unhealthy levels of smog.

That was the bad news. It points to the fact that our leaders should not ignore the impacts of climate change on the Latino community. As climate impacts the air we breathe, threatens water we use for drinking, swimming, farming, and fishing, and even endangers our health, leaders at all levels need to take a proactive stance to protect our communities by addressing climate change.

Here’s the good news — the support is already there to act on climate. National polling has shown that 63 percent of Latinos think the federal government should act broadly to address global warming, while 8 in 10 Latinos want the President to curb the carbon pollution that causes climate change.

There are also some great opportunities hidden among the challenges. For example, today’s clean energy economy is creating more jobs than the fossil fuel economy. Jobs in the clean energy economy also offer higher wages to a wide range of workers, relative to the broader economy.

Which brings me back to Vegas. While there was no formal climate change discussion on the program, Latino environmental leaders from around the country were sparking conversations in the halls about conservation, climate change, and la comunidad. Advocates from New Mexico’s Hispanics Enjoying Camping, Hunting, and Outdoors talked with conference guests about the importance of protecting our public lands. Colorado’s Nuestro Rio shared their work protecting the Colorado River and our bond to this precious resource.

EDF also played a role, teaming up with GreenLatinos, Green 2.0, and Nuestro Rio to host a reception and highlight the importance of addressing climate change at a national level. Nearly everyone we spoke with about our work was interested in hearing about solutions and how to do more.

As we participated in conference events last week, Pope Francis reminded us that we “have the duty to protect the earth and ensure its fruitfulness for coming generations.” Latino communities, and our leaders, are no exception. We have a duty to address climate change — protecting our families, our children, and our climate is something we cannot afford to gamble on.

Posted in Clean Power Plan, Extreme Weather, Greenhouse Gas Emissions, Jobs, Latino partnerships, News, Partners for Change, Science / Comments are closed

Accelerating the Shift to More Efficient Trucks

By Tom Murray, Vice President, Corporate Partnerships, Environmental Defense Fund

Freight transportation is the work horse of the global economy, ensuring that the products consumers want get on the shelves where and when they want them. With 70 percent of U.S. goods being moved by truck, freight is a key source of U.S. fuel consumption and corporate greenhouse gas (GHG) emissions. Today, freight also offers companies a key opportunity to drive us toward a lower carbon future.

pepsico-logoIn a Wall Street Journal op-ed with EDF President Fred Krupp, Pepsico Chairman and CEO Indra Nooyi voiced the company’s strong support of the new fuel efficiency and GHG standards for medium and heavy duty trucks released today by the U.S. Environment Protection Agency and Department of Transportation. Over the life of the program, these robust standards will cut fuel consumption in new trucks by 1.8 billion barrels of oil and reduce carbon emissions by one billion metric tons.

Leading companies like General Mills, Walmart and Anheuser-Busch have made reducing fuel use and emissions from freight a priority in setting their internal supply chain performance goals. But Pepsico’s willingness to step forward with this op-ed is a prime example of how companies can extend their leadership by aligning their public policy stances on with their sustainability goals – what EDF has been referring to as the business-policy nexus.

Freight affects all of us, but business is in the driver’s seat

EDF - Building better trucksFreight transportation exists to serve companies that make or sell physical goods, from brands and manufacturers using trucks to bring in supplies and ship out final products, to technology companies needing trucks to deliver the hardware that powers their online services. While medium- and heavy-duty trucks only make up 7 percent of all vehicles on the road, they consume 25 percent of the fuel used by all U.S. vehicles.

Inefficient movement of goods wastes fuel, raises costs and increases environmental impacts. For firms like Pepsico, who maintain their own fleets, as well as those that contract out for freight moves, fuel is the single largest cost of owning and operating medium- and heavy-duty trucks. Truck fuel prices have increased 58 percent since 2009, a strong incentive for increasing the efficiency of trucks that move freight. Consumers are counting on businesses to solve this problem, as those costs are passed on to consumers. Through everyday purchases, the average U.S. household spends $1,100 a year to fuel big trucks. Strong standards can cut this expense by $150 on average a year by 2030.

Supporting strong truck standards is good business

PrintStrong standards will help companies meaningfully reduce their supply chain costs and carbon footprint. In an update of analysis originally produced last year, EDF and CERES found that under strong heavy truck fuel efficiency standards, companies could see freight rates fall nearly 7% as owners of tractor-trailer units see their costs fall by over 20 cents per mile. A big consumer goods company, for example, could save annually as much as 3 billion gallons of fuel and $11.5 million in freight costs per year in 2030 by using newer trucks produced under strong truck standards.

Supporting strong truck efficiency standards is also an important way for companies to proactively mitigate risk. In a world with higher oil prices, we could see freight costs double; however, even in a scenario where oil prices remain low, savings would still be significant.

Standing against or keeping quiet about the proposed rule is essentially committing to higher long-term costs, more greenhouse gas emissions and greater fuel use than would be the case under stronger efficiency standards.

Strong truck standards are achievable now

Manufacturers continue to prove that strong standards are feasible now. Leading fleets are already achieving more than 10 MPG through a combination of driver techniques and leveraging current technology, and component manufacturers continue to bring efficiency solutions to the market each year.

Who will speak up next?

In addition to speaking out in the Wall Street Journal, in a press release issued on June 19th, Pepsico joined companies like Cummins Inc., Eaton Corporation, FedEx, Waste Management and IKEA in voicing their support for the standards to both the White House and the EPA.

Because freight touches many points along the corporate supply chain, companies have a responsibility to push for strong standards that minimize the environmental impacts of moving goods in the U.S. This is smart business, and it’s another piece of the climate puzzle we’re racing to solve. Every company voicing support will help us all move down the road towards a cleaner future.


To learn more about the heavy truck fuel efficiency and GHG standards, join EDF’s Jason Mathers July 21st for our latest Business-Policy Nexus webinar, which will review the proposed standards and why companies should support these common-sense standards, which will not only protect our air quality and the climate overall, but save companies transportation costs. Register now for this informative webinar

This post originally appeared on our EDF + Business Blog.

Posted in Cars and Pollution, Greenhouse Gas Emissions, Jobs / Comments are closed

American Petroleum Institute Continues Its Long Campaign against Clean Air Standards

iStockphoto.com

I recently had the unfortunate experience of hearing a two-year-old suffer from an asthma attack. The nurses commented in passing how it was actually a great sign to hear the young child screaming, as it was more worrisome when children came in with asthma attacks and were unable to draw breath. As a mother of a two-year-old myself, hearing the terrified screams of this child was utterly heartbreaking.

This was the first time I’ve come face to face with a child suffering the effects of asthma – a terrible respiratory disease that is often exacerbated by air pollution. The thought of thousands of parents making preventable visits to the emergency room each year, desperate to get help for their children who are having asthma attacks triggered by smog or other air pollution, is gut wrenching. It’s also a poignant reminder of why we need to keep demanding more progress to clean our air.

Smog is primarily formed by emissions of nitrogen oxide (NOx) and volatile organic compounds (VOCs). The main sources of these emissions are power plants, oil and gas operations, and cars and trucks.

Setting smog limits to 60 ppb would, in the year 2025:

  • Prevent up to 7,900 premature deaths
  • Prevent up to 1.8 million asthma attacks among children
  • Prevent up to 4,100 cases of acute bronchitis among children
  • Prevent up to 1.9 million days when kids miss school
  • Provide up to $75 billion in public health benefits

Smog contributes to thousands of asthma attacks and other harmful health impacts every year – including early deaths. Pollution also blows into our national parks, harming wildlife and vegetation. EPA is required by law to re-evaluate each of our nation’s air quality standards every five years, ensuring our air standards are updated to reflect the latest scientific understanding of the impacts of pollution. Strengthening our nation’s outdated smog standards will help us continue the progress we’ve made in cleaning up our air, in line with what scientists and leading public health organizations have determined is needed to protect human health and the environment.

Unfortunately, the American Petroleum Institute (API), a trade association representing oil and natural gas industries, has launched a campaign against strengthened smog standards. In its ads, API claims our current standard is strict enough, despite the fact that an independent advisory committee of scientific experts concluded the opposite over seven years ago. Since that time, an even more extensive body of scientific research documents the harms of ozone to human health.

API is also claiming that strengthened smog standards will bring exorbitant costs to American families — this is based on an analysis roundly criticized by experts for its unrealistic assumptions and for the fact that it ignores the substantial economic benefits of reducing air pollution.

Sadly, this is nothing new from API. API has claimed time and again that clean air standards would be too costly and wouldn’t yield health or environmental benefits. For standards advancing low sulfur fuel and vehicles (Tier 3) API said:

The new EPA requirements could be devastating to consumers and communities across the nation  – Bob Greco, API Director of Downstream Operations, API press release, July 29, 2011.

API also claimed gas prices could rise up to 25 cents a gallon due to the standards. However, EPA and independent analysis by Mathpro projects that gasoline prices will increase by less than 1 penny per gallon due to the Tier 3 standards. EPA also found the standards would provide up to $13 in health benefits from every dollar invested. The Tier 3 Standards were finalized in 2014 with broad support from automakers and manufacturers, labor groups, health and environmental groups, environmental justice groups, moms groups, and numerous states.

Yet again with the smog standards, API is completely ignoring the fact that we have cost-effective tools at our disposal to meet strengthened smog standards. We also have policies underway that are already helping us get there, including tailpipe emissions reduction standards, and the proposed Clean Power Plan. We also know that there are emission reductions that are readily available right now. For example, some power plant units have installed advanced controls for NOx that have not been used consistently in recent years.

Nearly every step of the way to cleaner air in the past four decades, we have had to fight polluter interests that claim the costs will be too high, the economy will be ruined, or that our air is already clean enough. Time and again these claims have been disproven — our economy has grown as our air quality has improved due to clean air standards, and literally trillions of dollars in health and other benefits have accrued.

API’s latest campaign against much-needed, long overdue, cost-effective smog standards is a continuation of the decades-long battle we have faced. We ask you to urge API to cease its campaign against the ozone standards and instead constructively engage in the process to reduce the pollution that harms millions of American families. Please help the children across America – each child — breathe cleaner air for life.

Posted in Health, News / Comments are closed

Six Climate Tipping Points: How Worried Should We Be?

One of the biggest fears about climate change is that it may be triggering events that would dramatically alter Earth as we know it.

Known to scientists as “tipping events,” they could contribute to mass extinction of species, dramatic sea level rise, extensive droughts and the transformation of forests into vast grasslands – among other upheavals our stressed world can ill afford.

Here are the top six climate events scientists worry about today.

1. The Arctic sea ice melts

The melting of the Arctic summer ice is considered to be the single greatest threat, and some scientists think we’ve already passed the tipping point.

As sea ice melts and the Arctic warms, dark ocean water is exposed that absorbs more sunlight, thus reinforcing the warming. The transition to an ice-free Arctic summer can occur rapidly – within decades – and this has geopolitical implications, in addition to a whole ecosystem being disrupted.

Photo: Smudge 900)

2. Greenland becomes ice-free

The warming of the Arctic may also render Greenland largely ice-free. While Greenland’s ice loss will likely reach the point of no return within this century, the full transition will take at least a few hundred years.

The impacts of the Greenland ice melt is expected to raise sea levels by up to 20 feet.

Half of the 10 largest cities in the world, including New York City, and one-third of the world’s 30 largest cities are already threatened by this sea level rise. Today, they are home to nearly 1.8 billion people.

Other vulnerable American cities include Miami, Norfolk and Boston.

Photo: siralbertus

3. The West Antarctic ice sheet disintegrates

On the other side of Earth, the West Antarctic ice sheet is also disintegrating. Because the bottom of this glacier is grounded below sea level, it’s vulnerable to rapid break-up, thinning and retreat as warm ocean waters eat away at the ice.

Scientists expect the West Antarctic ice sheet to “tip” this century, and there is evidence that it already began happening in 2014.

However, the entire collapse of the glacier, which would raise sea level by 16 feet, could take a few hundred years.

Photo: BBC World Service

4. El Niño becomes a more permanent climate fixture

The oceans absorb about 90 percent of the extra heat that is being trapped in the Earth system by greenhouse gases. This could affect the ocean dynamics that control El Niño events.

While there are several theories about what could happen in the future, the most likely consequence of ocean heat uptake is that El Niño, a natural climate phenomenon, could become a more permanent part of our climate system.

That would cause extensive drought conditions in Southeast Asia and elsewhere, while some drought-prone areas such as California would get relief.

The transition is expected to be gradual and take around a century to occur – but it could also be triggered sooner.

Photo: Austin Yoder

 5. The Amazon rain forest dies back

Rainfall in the Amazon is threatened by deforestation, a longer dry season, and rising summer temperatures.

At least half of the Amazon rainforest could turn into savannah and grassland, which – once triggered – could happen over just a few decades. This would make it very difficult for the rainforest to reestablish itself and lead to a considerable loss in biodiversity.

However, the reduction of the Amazon ultimately depends on what happens with El Niño, along with future land-use changes from human activities.

Photo: World Bank

 6. Boreal forests are cut in half

Increased water and heat stress are taking a toll on the large forests in Canada, Russia and other parts of the uppermost Northern Hemisphere. So are forest disease and fires.

This could lead to a 50-percent reduction of the boreal forests, and mean they may never be able to recover. Instead, the forest would gradually transition into open woodlands or grasslands over several decades.

This would have a huge impact on the world’s carbon balance because forests can absorb much more carbon than grasslands do. As the forest diminishes, the climate will be affected as will the Earth’s energy balance.

However, the complex interaction between tree physiology, permafrost and fires makes the situation tricky to understand.

Photo: Gord McKenna

Other concerns…

As if that’s not enough, there are a few other tipping events that scientists are also concerned about, but they are even more complex and harder to predict. Examples of such events include the greening of the Sahara and Sahel, the development of an Arctic ozone hole and a chaotic Indian summer monsoon.

How do we keep from tipping over?

We know from measurements that the Earth has had many climate-related tipping events throughout its history. Today’s situation is different, because humans are now driving these changes and the warming is occurring at a faster rate.

But as humans we also have the power to change the trajectory we’re on – possibly in a matter of a few years. We think we know how.

Posted in Arctic & Antarctic, Basic Science of Global Warming, Extreme Weather, Greenhouse Gas Emissions, Oceans, Plants & Animals / Read 1 Response

Just Two Actions May Stop the Planet’s Runaway Warming

I was 15 and I was trying to impress a boyfriend with my rollerblading skills — from the top of a steep hill. Before I knew it, I was flying uncontrollably toward traffic. I knew I needed to both slow down and change course . . . or things wouldn’t end well.

I did, and I survived, but I’ve recently thought about that day and those actions as I have considered the urgency needed for the planet to slow down and change course as the climate warms. With two major actions, we can slow the rate of global warming while also preventing “runaway” warming: nations must reduce emissions of both short-lived and long-lived pollutants.

All emissions are not equal

The way people talk and think about the long and short-term impacts of various greenhouse gasses is critical for making smart policy decisions that can effectively slow how fast the climate changes while limiting warming in the future.

While the maximum extent of warming relies on carbon dioxide (CO2) emissions because they last for centuries in the atmosphere, the rate of climate change is controlled by short-lived climate pollutants, such as methane.

Like carbon dioxide, methane is a gas that warms the Earth by trapping heat. Pound for pound, methane is more than 100 times more powerful than CO2 because methane is much more efficient at absorbing heat. But that number changes depending on how far out you look.

Comparing emissions of gases with vastly different radiative impacts and atmospheric lifetimes requires a metric that depends on what timeframe you care about, such as the next decade or next century. One way scientists deal with the temporal differences is by measuring the global warming potential of gases over two time periods: 20 years and 100 years.

Methane is 84 times more effective at trapping heat than CO2 over the first 20 years after they are both emitted, and 28 times more effective over 100 years, because most of the methane breaks down in the first 50 years after it is released due to oxidizing chemical reactions. When discussing what actions to take to reduce methane we must think about methane’s potency in both timeframes.

Our best chance of combating climate change

Since the Industrial Revolution, methane in the atmosphere has increased by a whopping 150 percent. While in the same period, CO2 levels have gone up 40 percent. Around one quarter of today’s human-caused warming is attributable to emissions of methane, while human-caused CO2 emissions account for around half.

The administration of U.S. President Barack Obama is currently undertaking efforts to reduce emissions of some of the most damaging greenhouse gas emissions  responsible for climate change: methane pollution from oil and gas operations and carbon dioxide from coal-fired power plants. This strategy has prompted questions about which climate pollutant should take priority. But the discussion of whether to cut methane emissions first and carbon dioxide later — or vice versa — is not helpful or necessary. We need a two-pronged strategy to stay safe.

Understanding the urgent need to reduce all types of climate pollution, the Obama administration is expected to move forward with rules to mitigate both methane and carbon dioxide in the next few months. This summer the U.S. Environmental Protection Agency (EPA) is expected to propose the first ever direct regulation of methane emissions from new and modified sources in the oil and gas industry, and finalize its Clean Power Plan to reduce carbon dioxide from coal-fired power plants.

Another agency, the U.S. Bureau of Land Management, is also expected to soon propose important rules to reduce wasteful venting, flaring and leaking of methane associated with the production of oil and natural gas on public lands.

Nations cannot solve the climate crisis and prevent serious impacts without simultaneously reducing both short-lived and long-lived climate pollutants. Reducing CO2 will limit the overall warming the planet will experience generations from now, which will have profound impacts on limiting sea level rise and other dangerous consequences.

Reducing warming caused by methane during our lifetime will also reduce the likelihood of extreme weather events and species extinctions — and, a slower rate also provides more time for societies and ecosystems to adapt to changes.

This post originally appeared on LiveScience.

Posted in Clean Power Plan, Energy, Greenhouse Gas Emissions, Science / Comments are closed