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Dallas Fort-Worth Breathes Easier Following EPA’s Decision On Wise County Ozone Petitions

By EDF Blogs / Published: January 16, 2013

This commentary was originally posted on EDF’s Texas Clean Air Matters blog.

Just in time for the holidays, the U.S. Environmental Protection Agency (EPA) delivered a valuable gift to residents of the Dallas-Fort Worth area: the promise of stronger protections against the harmful public health and environmental impacts of ground-level ozone (the main component of smog). Specifically, EPA announced on January 7 that it has decided to deny 19 petitions filed by the state of Texas and other parties last summer — all demanding that the agency reverse its determination that Wise County, Texas contributes to high ozone levels in nearby Dallas-Fort Worth (EPA’s responses were signed December 14, 2012). EPA’s action means that polluters in Wise County will have to do their fair share to reduce ozone levels in Dallas-Fort Worth, which have been among the worst in the country for many years. Because of the importance of this issue to the public health of Texans, EDF has already taken steps to defend EPA’s action in Federal court.

Background

Ozone pollution has long been regulated under the Clean Air Act because of the tremendous hazards that ozone poses to public health and the environment. High ozone levels lead to respiratory distress and disorders; decreased lung function; increases in emergency room visits and sick days; and more. To address the serious problem of ozone, the Clean Air Act provides a multi-step process for ensuring that all areas of the country achieve acceptable ozone levels. First, EPA must establish nationwide air quality standards for ozone (called National Ambient Air Quality Standards), which are required to be strong enough to protect public health with an adequate margin of safety. Second, EPA must designate which areas of the country meet those standards, and which do not. Lastly, states are required to submit plans for achieving and maintaining compliance with EPA’s ozone standards — with especially strict requirements for areas that currently do not meet the standards.

EPA last updated its ozone air quality standards in March 2008. The revised standard requires that average ozone concentrations over an 8-hour period remain at or below 75 parts per billion (ppb) — a level that is more protective than the previous standard set in 1997, but still significantly higher than the range of 60 to 70 ppb recommended by EPA’s own Scientific Advisory Committee. EDF has consistently advocated for a stronger ozone standard, and has even taken EPA to court over this issue together with other public health and environmental organizations. At the same time, EDF has also fought hard against attempts to weaken the 2008 ozone standards or stop their implementation.

Designation of Wise County

On May 21, 2012, EPA issued a regulation designating 45 areas of the country as out of compliance with the 2008 ozone standards – including a group of ten counties in the Dallas-Fort Worth area, which had long failed to meet the earlier and less stringent ozone standards. For the first time, however, the Dallas-Fort Worth designation also included Wise County, Texas, due in large part to emissions of nitrogen oxides and volatile organic compounds from a recent boom in oil and gas production in the area.

As EPA explained in a detailed technical analysis, Wise County was included in the Dallas-Fort Worth ozone designation because of the county’s contribution to unhealthy levels of ozone. Among other things, EPA found that ozone monitors less than half a mile from the county line were recording unhealthy levels of ozone; that Wise County emits some of the highest levels of ozone-forming pollution in the 19-county area surrounding Dallas-Fort Worth; and that the prevailing winds on high-ozone days are responsible for bringing that pollution from Wise County to the nearby city.

Ensuing Litigation and Requests for Reconsideration

EPA’s determination was reached after a lengthy process during which the state of Texas and other stakeholders had ample opportunity to submit comments and data on Wise County’s contribution to ozone in Dallas-Fort Worth. However, this didn’t stop the state, some local governments, and various oil and gas producers and trade associations from trying to stop the designation of Wise County by filing a total of 19 petitions asking EPA to reverse its decision. The state of Texas, Wise County, and four industry parties also filed legal challenges to EPA’s determination in the D.C. Circuit Court of Appeals — and EDF responded by moving to intervene in defense of EPA’s action.

EPA’s Denial of Reconsideration and Next Steps

In detailed responses to the petitions, EPA reaffirmed its analysis of Wise County’s contribution to the local ozone crisis and offered rebuttals to each of the major arguments advanced by the petitioners. EPA’s responses confirm that the designation of Wise County rests on the best available science. EPA’s action is also an important advance for public health — ensuring that polluters in Wise County will do their fair share to address ozone pollution in the Dallas-Fort Worth area, and that the important protections of the Clean Air Act extend to ozone-contributing areas and sources that have been overlooked in the past.

We hope that the parties challenging the Wise County designation will ultimately decide to demonstrate leadership by becoming part of the solution to the air quality challenges facing Dallas-Fort Worth. In the meantime, vital work remains to be done to defend EPA’s actions in court: the ongoing D.C. Circuit challenges to the original designation of Wise County, which were suspended while EPA processed the reconsideration petitions, are likely to resume in a matter of weeks. In addition, EPA’s decisions on the petitions may provide fresh fodder for additional legal challenges in the D.C. Circuit. EDF’s legal team stands ready to vigorously defend EPA’s decision in the months ahead.

Posted in Natural Gas, Texas / Comments are closed

EDF’s Investor Confidence Project Helps Achieve The Potential Of Energy Efficiency

By EDF Blogs / Published: January 15, 2013

This blog post was written by guest blogger Matt Golden, Senior Energy Finance Consultant.

The EDF Investor Confidence Project (ICP) has been a two-year process to help standardize the commercial energy efficiency industry. Working with a wide range of project advisors, the first set of protocols designed for large commercial building projects are now available for a public beta on our website www.EEperformance.org. The goal is to simplify the process of creating an investment-quality energy efficiency project, reducing engineering-related transaction costs and increasing deal flow and savings.

We believe that the Investor Confidence Project represents a “silver buckshot” that, when combined with other efforts underway such as On-bill repayment (OBR), Commercial PACE and benchmarking programs, can help deliver a sustainable, private capital-driven market. This will help spur economic development in these challenging times and achieve the potential of energy efficiency as a clean and cost-effective climate and energy policy.

While there are many technical standards regarding how to engineer various aspects of a project, we currently lack a meta layer that creates standardization at the project level. Ultimately, a project’s performance is only as good as the sum of its parts. The ICP protocols are combinations of the existing technical standards in the market, offering clear definitions for how a project is engineered, documented and ultimately measured. In the short-run, this can greatly accelerate channels and increase volume, and, over the long-term, can lead to increased access to lower-cost capital.

The Investor Confidence Project is happy to announce (and thank) our new ICP Allies, who have committed to piloting the ICP protocols in 2013. SciEnergy, Energi, Sustainable Real Estate Solutions, Bright Power, The Association for Energy Affordability, kWhOURS, Inc., Performance Systems Development, Clean Energy Finance and Investment Authority, Rocky Mountain Institute, Institute for Market Transformation, The Centre for Building Performance and the Building Energy Retrofit Institute are moving towards adopting the ICP Energy Efficiency Performance Protocol for Large Commercial Projects as their preferred method for estimating, measuring and reporting savings for large commercial projects.

We have been experiencing a ground swell of support coming from both public programs and market players, who have been instrumental in helping us identify this critical need and develop a set of protocols that balance engineering best practices with market-based realities. While ICP initially focused on financial investors as the key customers, we are now seeing a wide variety of users, including utilities, public programs, insurers and energy service companies, in addition to equity and debt investors and of course building owners.

As we roll-out this initiative in 2013 and achieve critical mass, our focus is now on gaining real-world feedback. We are also embarking on developing two additional protocols tailored to multi-family building retrofits and smaller commercial projects. If you are interested in learning more, or getting involved, please let us know by visiting the ICP website for more details about the project and our Large Commercial protocol.

NERC Demands Action From ERCOT To Keep The Lights On In Texas

By / Published: January 14, 2013

This commentary was originally posted on EDF’s Texas Clean Air Matters blog.

Last week was a busy one in Texas, with the beginning of the 83rd Legislative session attention was focused on incoming lawmakers, both seasoned and freshmen, and the opportunity that only happens every two years to address serious issues in Texas including water scarcity, education, tax issues, and of course energy issues.

So it’s understandable that no one seems to have noticed a strongly worded letter to the Electric Reliability Council of Texas (ERCOT) from the North American Electric Reliability Corporation (NERC) last Monday demanding more action to ensure electric reliability in Texas, and asking ERCOT to report back to NERC by April 30 on additional actions taken. NERC isn’t some federal boogey man either; it’s a corporation founded by the electric industry to create commonly accepted standards for electric reliability across North America, usually through voluntary compliance. President Bush’s Energy Policy Act of 2005 gave the corporation “the authority to create and enforce compliance with Reliability Standards,” which is where this letter comes into play.

In their 2012 report, NERC highlighted ERCOT as the only region in North America that was not maintaining adequate electric reserves to meet demand, and with this letter they made it very clear that the actions taken to date have not done enough to mitigate that risk. In the letter, NERC President Gerry Cauley notes that the PUC and ERCOT are continuing to address energy reliability issues, but finds that “solutions have not yet sufficiently materialized to address NERC’s reserve margin concern.”

Cauley goes on to say that “it is still unclear to us how ERCOT intends to mitigate issues that may arise on the current trajectory and when new resources may be available to meet growing demand.” So according to the corporation whose membership consists mostly of utilities, grid operators, large and small customers, and electric regulators, the actions that the PUC and ERCOT have taken at this point are not enough to ensure we’ll have reliable electric supply, risking blackouts as soon as this summer.

As lawmakers settle into Austin for the next few months they’ll certainly be paying close attention to this issue, though many have indicated they would prefer that ERCOT and the PUC develop the solutions to this problem. Cauley’s letter serves as notice that the PUC and ERCOT need to be more aggressive if they want to ensure a reliable supply of power in Texas. Certainly both agencies are putting serious time and effort into keeping the lights on in Texas, including effort so expand existing demand response programs, but NERC clearly thinks they need to be doing more.

All of this reminds me of the Texas drought: a year ago it was a huge looming crises, but a break in the weather took everyone’s mind off of the drying rivers and lakes, even though they never really recovered. Lately the drought has been back in the news as Texans realize that we’re basically in the same place that we were in 2011.

No one could accuse ERCOT or the PUC of sitting idly by or pretending this risk isn’t real. However, they have yet to send a strong enough signal to the market to spur investors in demand response or any other resources to develop new projects. About the only thing that has been done is the extension of the federal production tax credit for wind energy, which has wind developers racing to build new projects in Texas. The concern is that the solutions they’ve begun work on to date may not get us to where we need to be by this summer.

This letter is a reminder that the energy crunch hasn’t gone away, things are not likely to change in the near term if serious action isn’t taken soon. That is a risk we can’t afford to take given a looming drought, a growing economy and a stagnant electric market. NERC has asked ERCOT to report to them on their progress by April 30, near the end of our biennial legislative session, and one in which the critical PUC/ERCOT sunset legislation is expected to pass, maybe legislators should consider a similar request.

Posted in Demand Response, Energy Efficiency, Texas / Tagged ERCOT, NERC | Comments are closed

Weathering The Storm Next Time: Gov. Cuomo’s NYS 2100 Panel Offers Smart Plan To Keep The Lights On, Emissions Down

By Andy Darrell / Published: January 10, 2013

Extreme weather and aging infrastructure came together with a vengeance in Sandy, showing the fragility of the basic systems that sustain this vibrant city and region. Like so many others, my family lost power, heat and water during Superstorm Sandy, and I watched out my window as a giant flash marked the moment that waters crested a 12-foot retaining wall at the 14^th Street ConEd plant.

New Yorkers are all too familiar with the devastation that followed, and the disruption that spread far beyond the water’s reach. As the immediate crises are resolved, our attention is now on the complex challenge of long-term resilience.

One big step: The NYS 2100 Commission, a panel of experts assembled by New York Gov. Andrew Cuomo back in November, just two weeks after the storm. EDF President Fred Krupp served on the commission, and our energy team prepared extensive recommendations on how to make our energy system more robust, resilient and adaptable. In yesterday’s State of the State address, he talked about the results.

As it turns out, some important solutions were right under our noses.

For example, amid the darkness and devastation, there were dozens of homes, businesses, even whole communities that kept their lights on and the water because they were designed to isolate breakdowns, heal quicker, and work with natural systems rather than against them.

Success stories were located across our region:

Lights stayed on for sixty thousand residents of Co-op City in the Bronx thanks to a combined heat and power plant that can operate independent of the grid. Ditto the office tower at One Penn Plaza, an apartment building at 11 Fifth Avenue, and large parts of the campuses at Princeton and NYU.
In Bayonne, NJ, the Midtown Community School used a combination of solar panels and a generator to offer a safe, warm place to stay for over 50 residents during the storm.
On Long Island, the Villani family kept their lights on thanks to a 4.8 kw solar array that happens to have a battery bank. “We had friends and neighbors coming over to charge phones and batteries,” Stephanie Villani said.
In lower Manhattan, the community group Solar one used solar panels to offer residents of Stuyvesant Town, the sprawling 35-building apartment complex, a place to charge their phones and computers.

Exceptions like these should be the rule next time. Unfortunately, today’s utility grid is set up to discourage more of these success stories – which are also cleaner and more efficient.

Source: Reuters

In fact, many buildings outfitted with fresh new solar arrays stayed dark thanks to cumbersome, outdated rules and regulations. Ironically, the solar panels were not making electricity when the grid was down, precisely because they were permanently connected to the grid and had to be shut down, rather than simply unhook when the larger system failed. So instead of sunshine, they were running on diesel power – if they were running at all.

Building a smarter grid, and encouraging clean, efficient ‘microgrids’ that provide islands of heat and light means fewer outages and faster recovery. A smarter grid would also have the intelligence needed to pinpoint outages, cordon off damage, and reroute power.

Clearing out the legal cobwebs and requiring utilities to unlock their grids more easily would make their systems stronger and more resilient in a crisis, and open the door for more efficient, renewable energy solutions. It would also open up opportunities for new ways to finance the upgrades needed to take full advantage of efficiency and renewables in today’s buildings.

(You can read EDF’s blueprint for a smarter, more robust grid here.)

Climate change means that higher sea levels and more extreme storms are the new normal. Unfortunately, some of this is already locked in. But we still have an opportunity to prevent the worst, most costly consequences by working together to reduce heat-trapping pollution. Superstorm Sandy reminded us of the need to prepare for a more challenging future. We need to make sure the steps not only protect against the impacts we can’t avoid, but also help prevent those we can.

Yes, we will have to fortify our buildings and infrastructure, change building codes and keep generators on hand in the face of extreme weather. But a lot of the steps we can take to keep the lights on during a crisis are also steps we can take to cut the pollution that is linked to climate change and extreme weather in the first place.

As we invest federal emergency dollars to rebuild, as we get ready for the next time – let’s make sure we’re taking every step that solves for both safety and less pollution at the same time. Efficiency, a smart grid, transparent information, renewables. Unlocking multiple benefits like these can help us rebuild better, faster and stronger. And lead the way for the world’s great cities, many of which are on the coast and in harm’s way just like New York.

My kids and I were lucky to weather the storm with just inconvenience. But as I think about how might live in a future New York City, I’d like to be sure that we’re doing everything we can now to run this town on safe, clean energy. The Cuomo commission report takes a big step in that direction: let’s join the Governor and the members of this commission in making its recommendations a reality. This is an opportunity that business, political and community leaders must not miss.

Posted in Demand Response, Energy Efficiency, Grid Modernization, New York, Renewable Energy / Tagged Grid Resiliency, Superstorm Sandy | Read 1 Response

Clean Energy And Economic Development Are Birds Of A Feather

By Jackie Roberts / Published: January 10, 2013

Our new Clean Energy Economic Development Series highlights the successful creation of clean energy clusters in Ohio, Iowa and Colorado. Some report highlights:

Ohio experienced record investment and merger and acquisition deals in clean energy in 2010 and 2011. Ohio also significantly increased patents in batteries, fuel cells and wind technologies, moving up in national rankings in all three areas.
The Metro Denver region alone had about 1500 companies and 18,000 workers in the cleantech sector in 2011, and achieved a 35 percent increase in direct employment growth since 2006.
Iowa leads with the second-highest installed wind capacity in the nation, and is one of only two states that receive over 20 percent of electricity from wind power. According to the American Wind Energy Association, Iowa has attracted more major wind industry manufacturers than any other state.

While the road map to economic growth differs somewhat for each region or state, these road maps share a formula for success where policy and economic development actions work together across three fronts: (1) stimulating demand for clean energy products and services, (2) seeding innovation in clean energy solutions and (3) recruiting and supporting new firms, jobs, and workforce skills in clean energy.

But the work is just starting, not just for Ohio, Iowa and Colorado, but for all states. Every state needs to look to expanding clean energy policy and actions, for example:

Stimulating Demand: The American Taxpayers Relief Act (ATRA) provides critical federal support for wind energy through a production tax credit (PTC), as well as extending energy efficiency tax credits for residences and businesses. (Under current law, the solar investment tax credit remains in effect through December 31, 2016.) The wind tax credit helps create customers for the nearly 500 wind manufacturing facilities across the country. Renewable Portfolio Standards (RPSs) should be strengthened (and certainly not weakened as in Michigan). Utilities need incentives to invest in smart grid, energy efficiency and other demand-side management programs. New policies, such as on-bill repayment (OBR), should be passed to create customers for energy efficiency while saving consumers and businesses money.

Innovation: As spending debates loom, we need to maintain investments of federal dollars in clean energy research and development (R&D). States need to create local programs, such as Ohio’s Third Frontier which promotes technology commercialization. Third Frontier has helped take the fuel cell industry in Ohio to a new level (measured by higher patent rankings in fuel cells and batteries).

Recruiting & Workforce Development: Smart grid investments create modern infrastructure and resilience that is valuable to companies. Other recruitment tools include easy siting — Iowa City created a Wind Energy Supply Chain Campus that is “shovel-ready” for wind-related companies – and the availability of skilled labor. Iowa Lakes Community College trains 200 students a year in construction, operations and maintenance of wind turbines using five training labs at the college.

Clean energy policy and economic development go hand-in-hand because America needs growth sectors to reduce unemployment. A Brookings Study of clean economy jobs found that between 2003 and 2010, the newer, “cleantech” sub-sector related to energy efficiency and renewable energy grew at a “torrid pace” across the nation. (Wind: 14.9%, Solar Thermal: 18.4%, Solar PV: 10.7%, Fuel Cells: 10.3%) As Ohio, Iowa and Colorado have shown, clean energy can deliver economic growth.

Posted in Renewable Energy, Washington, DC / Tagged Wind PTC | Read 1 Response

Wind Update: The PTC And A Christmas Day Record

By Marita Mirzatuny / Published: January 9, 2013

This commentary was originally posted on EDF’s Texas Clean Air Matters blog.

Source: Houston Chronicle

Good news came out of the fiscal cliff ordeal last week when Congress voted to extend the Production Tax Credit (PTC) for renewables, which had expired on January 1. While the 2.2 cent-per-kilowatt-hour credit has only been extended through 2013, it provides some certainty to an industry that was holding its breath. As we’ve discussed previously, while the tax breaks for the oil and gas industry are written into the permanent tax code, the credits for wind and other renewables are not. Created under the Energy Policy Act of 1992, the PTC income tax credit is allowed for the production of electricity from utility-scale wind turbines, geothermal, solar, hydropower, biomass and marine and hydrokinetic renewable energy plants.

While this extension through the year does not appear to provide a great deal of long-term certainty, my colleague Colin Meehan points out that “an important distinction with this extension is that prior to 2013, the tax credits were awarded to facilities operational by the end of 2012. The extension now applies to facilities for which construction begins by the end of 2013. As a result, this is more like a two-year extension.” Cameron Fredkin, director of project development at Cross Texas, further emphasizes the point by highlighting that “the key provision in the extension is the requirement to begin construction in 2013 versus previous one-year extensions that required wind developers to complete construction and begin operations in 2013. Wind developers in the Panhandle region in the interconnection study process would have had difficulty achieving commercial operations in 2013.”

According to the American Wind Energy Association, “America’s 75,000 workers in wind energy are celebrating over the continuation of policies expected to save up to 37,000 jobs and create far more over time, and to revive business at nearly 500 manufacturing facilities across the country. Half the American jobs in wind energy – 37,000 out of 75,000 – and hundreds of U.S. factories in the supply chain would have been at stake had the PTC been allowed to expire, according to a study by Navigant Consulting.”

As I wrote back in November, many of those projects and jobs that were on the line while Congress delayed are here in Texas. In Amarillo, Walt Hornaday, president of Ceilo Wind Energy, said the tax credit helped “dust off projects [they] had put on the shelf.” Hornaday says he is “impressed wind was in the bill with big-ticket items like Medicaid and the Farm Bill. It used to be wind wouldn’t have a chance to be included. I thought we’d be left out in the cold.” According to The Hill, “The wind industry has floated a phase-out plan for the credit as a way to cement some stability and avoid annual battles to extend the credit. Securing the extension now sets the table for those discussions.”

Andy Geissbuehler, head of Alstom’s North American wind business, a manufacturer of wind turbine equipment, believes that “the extension of the Production Tax Credit for wind power is a positive development for our company, our customers, and the many workers across the country employed directly and indirectly by the wind power industry. As an equipment supplier, we stand ready to provide the equipment that can be manufactured in our Amarillo facility to project developers across North America. We remain optimistic about the long-term market for wind power market in North America, especially now that the U.S. Production Tax Credit has been extended another year.”

One possible casualty of Congress’ stalling is the $5 million, 80,000-square-foot facility left behind by Zarges Aluminum Systems. The German company planned to produce wind tower components, such as ladders and platforms. A spokesman at the time blamed the recession and uncertainty regarding the tax credits as well as low natural gas prices for putting pressure on its customers and the company itself.

This extension comes at a time when wind set a new record in 2012 by installing 44 percent of all new electrical generating capacity in America, according to the Energy Information Administration, leading the electric sector compared with 30 percent for natural gas, and lesser amounts for coal and other sources. Here in Texas, wind set another record, providing 8,638 megawatts (MW) of power on Christmas Day, with 6,600 MW coming from West Texas wind farms and 1,600 MW coming from the Texas coast. This adds up to nearly 26 percent of the system load, which is 117 MW higher than the previous record set in November 2012.

As Kent Saathoff, vice president of grid operations and system planning at the Electric Reliability Grid of Texas (ERCOT), points out, “Unlike traditional power plants, wind power output can vary dramatically over the course of a single day, and even more so over time. With new tools and experience, our operators have learned how to harness every megawatt of power they can when the wind is blowing at high levels like this.”

Those new tools and experience are exactly why the PTC is an important component of this emerging energy sector’s ability to grow and innovate, especially as ERCOT reviews an additional 20,000 MW of wind power capacity. This is in addition to the more than 10,000 MW it already has installed, which is the highest amount in the nation.

Posted in Renewable Energy, Texas / Tagged ERCOT | Read 2 Responses