State
COMING SOON
Northside Sun
Commission to receive long-awaited data on projects
Jackson’s one-percent oversight commission could soon have the information they need to again approve spending money.
State Government
Mississippi lawmaker resigns mid-term
AP
A longtime Mississippi lawmaker is resigning to spend more time with his family.
Democratic Rep. Robert Huddleston of Sumner has served in the state House of Representatives since 1996.
Mississippi candidates qualify for midterm federal elections
AP
Slates of candidates are set for U.S. House and Senate in Mississippi, with Democrats running in every contest and Republicans running in all but one. The races attracting the most activity are for a House seat without an incumbent and a Senate seat held by the same Republican for a decade.
Regional
Oysters recalled after South Carolina sewage spill
AP
CHARLESTON, S.C.
Health officials in South Carolina have ordered a recall of oysters harvested where a sewage spill occurred last month.
National
TRUMP EPA MOVES TO ROLL BACK MORE RULES ON FUELS POLLUTION
AP
The Trump administration said Thursday it is rewriting Obama-era rules governing pollution from oil and gas operations and coal ash dumps, moves that opponents say will significantly weaken protections for human health and the environment.
EPA moves to overhaul Obama-era safeguards on coal ash waste
Washington Post
The Environmental Protection Agency on Thursday proposed significant changes to an Obama-era initiative to regulate coal ash waste, giving states and utilities more latitude in how they dispose of the potentially toxic substance.
At EPA hearing, support for Clean Power Plan
SF Chronicle
A steady march of politicians, physicians and scientists came to San Francisco from across California on Wednesday to testify against a federal plan to repeal the nation’s signature law regulating carbon dioxide emissions.
House panel: Russia aimed to disrupt US energy markets using social media
The Hill
Russia used several American social media accounts in an attempt to disrupt U.S. energy markets, according to a House committee report released Thursday.
Investors Want to Talk Food Waste With Amazon
Green Century Capital, others ask SEC to force Amazon to explain plans to mitigate environmental impact and cost of wasted food at its growing grocery operations
WSJ
Investors are pushing Amazon.com Inc. AMZN -1.04% to explain how much of the food from its expanding grocery operations goes to waste.
DEQ seeks comment on draft Volkswagen settlement beneficiary mitigation plan
KMVT
BOISE, Idaho (News Release) — The Idaho Department of Environmental Quality (DEQ) is seeking public comment on a draft beneficiary mitigation plan, a requirement to apply for funds under the Volkswagen Settlement Environmental Mitigation Trust Agreement.
Regulators to consider allowing private nuclear waste site
The Hill
he Nuclear Regulatory Commission (NRC) said it is considering a private company’s application to build a nuclear waste site.
GE Plans Wind Turbine Nearly Three Times as Tall as Statue of Liberty
Offshore turbine would be world’s largest and most powerful; GE aims to ship by 2021
WSJ
General Electric Co. GE -0.64% said Thursday that it is planning to build what would be the world’s largest offshore wind turbine—a behemoth nearly three times as tall as the Statue of Liberty.
Opinion
MISSISSIPPI DODGED A BULLET: KEMPER IS OVER AND DONE
Northside Sun
It’s been a decade, but the Kemper lignite power plant debacle is finally over and done. Mississippi dodged a bazooka.
THE PSC VERSUS THE AG
Northside Sun
The Mississippi Legislature is choosing sides in the fight between Mississippi’s attorney general and Public Service Commission. The fight is over $600 million of over-charges by Entergy Mississippi to its customers for high cost electricity from its sister companies in other states.
Press Releases
EPA Proposes First of Two Rules to Amend Coal Ash Disposal Regulations, Saving Up To $100M Per Year in Compliance Costs
03/01/2018
WASHINGTON — Today, the U.S. Environmental Protection Agency (EPA) is proposing the first of two rules that will amend the regulations for the disposal of coal combustion residuals, also known as CCR or coal ash, from electric utilities and independent power producers. EPA’s Regulatory Impact Assessment shows this proposal, if finalized, will save the utility sector up to $100 million per year in compliance costs.
“Today’s coal ash proposal embodies EPA’s commitment to our state partners by providing them with the ability to incorporate flexibilities into their coal ash permit programs based on the needs of their states,” said EPA Administrator Scott Pruitt. “We are also providing clarification and an opportunity for public comment – something that is much-needed following the public reaction to the 2015 coal ash rule.”
EPA estimates this proposed rule would save the regulated community between $31 million and $100 million per year. Today’s proposed rule includes more than a dozen changes to the 2015 final CCR rule, which established minimum national standards regulating the location, design, and operation of existing and new CCR landfills and surface impoundments at more than 400 coal-fired power plants nationwide.
The final 2015 CCR rule remains subject to litigation pending before the U.S. Court of Appeals for the D.C. Circuit. The proposal addresses four provisions of the 2015 CCR rule that the D.C. Circuit remanded back to EPA in 2016, as well as additional provisions in response to comments received since the final rule went into effect and a petition for rulemaking EPA received in May 2017.
The proposal would allow alternative performance standards for coal ash disposal units with operating permits issued under an approved state or federal coal ash permit program. The proposal also requests comment on whether a regulated facility could develop and implement similar alternative standards that would be subject to oversight and enforcement by EPA. Many of the proposed changes are based on the environmental protections and regulatory flexibilities contained in EPA’s longstanding rules governing disposal of municipal solid waste. The proposal includes:
· A change to allow a state regulatory program to establish alternative risk-based groundwater protection standards for constituents that do not have an established maximum contaminant level (MCL), rather than the use of background levels that are currently required. The proposal also requests public comment on whether a facility may be allowed to establish alternative risk-based standards using a certified professional engineer or other means, subject to EPA oversight.
· A request for comment on whether the current deadlines for groundwater monitoring and analysis remain appropriate in light of the new legal authorities and potential regulatory changes.
· A request for public comment on modifying the location restrictions and associated deadlines concerning construction or operation of a CCR landfill or surface impoundment in certain areas.
· Changes to allow states to establish alternative requirements for how facilities respond to and remediate releases from CCR landfills and surface impoundments. The proposal also requests comment on allowing states to determine when an unlined surface impoundment that is leaking may undertake corrective action rather than be forced to stop receiving CCR and close.
· The addition of boron to the list of constituents for which facilitites would need to perform assessment monitoring.
· Streamlined administrative procedures that a facility may comply with if there is a non-groundwater release that can be addressed within 180 days. EPA also requests comment on whether this time period is appropriate.
· Modification of the performance standard for vegetative slope protection to protect against erosion and failure of a surface impoundment.
· A change to the closure provisions to allow the use of coal ash during the closure process and to allow non-CCR waste to continue to be placed in a CCR surface impoundment that is subject to closure.
At that time the final CCR rule was issued in 2015, EPA did not have the authority to allow states to become authorized to administer their own CCR permit programs in lieu of the federal regulations or to provide alternative regulatory standards and compliance options. However, in 2016, Congress amended the Resource Conservation and Recovery Act with passage of the Water Infrastructure Improvements for the Nation Act (WIIN Act), which provides authority for states to become authorized to operate CCR permit programs “in lieu of the federal regulations,” as long as the EPA determines that the state’s requirements are at least as protective as the standards in the 2015 final rule or successor regulations. The WIIN Act also provides EPA new authority to provide oversight of CCR units.
EPA will be accepting public comment on this proposal for 45 days after publication in the Federal Register and plans to hold a public hearing to receive additional feedback on the proposal during the public comment period. EPA also plans to propose additional changes to the CCR rule later this year.
EPA Takes Action to Address Oil and Gas Compliance Concerns, Saving At Least $14 Million in Regulatory Costs
03/01/2018
WASHINGTON — In two actions, the U.S. Environmental Protection Agency (EPA) is taking steps to address significant and immediate compliance concerns for the oil and natural gas industry, reduce burdens on our state regulatory partners, and save millions of dollars in regulatory compliance costs.
EPA has finalized amendments for certain requirements contained within the 2016 oil and gas New Source Performance Standards (NSPS) and proposed to withdraw the control techniques guidelines (CTG) – an action that EPA estimates would save $14 to $16 million in regulatory compliance costs for the oil and gas industry from 2021-2035.
“The technical amendments to the 2016 oil and gas NSPS are meant to alleviate targeted regulatory compliance issues faced by affected sources,” said EPA Office of Air and Radiation Assistant Administrator Bill Wehrum. “While this action addresses an immediate need, it does not deter the ongoing work at the Agency to assess the 2016 rule as a whole, including whether it is prudent or necessary to directly regulate methane.”
“We believe the proposed withdrawal of the CTGs are necessary to provide regulatory certainty to one of the largest sectors of the American economy, and avoid unnecessary compliance costs to both covered entities and the states,” said Wehrum.
Amendments to the 2016 New Source Performance Standards for the Oil and Gas Industry
EPA has amended two narrow provisions of the 2016 NSPS for the oil and natural gas industry to address aspects of the rule that pose significant and immediate compliance concerns. The amendments address two of the “fugitive emissions” requirements in the 2016 rule: a requirement that leaking components be repaired during unplanned or emergency shutdowns; and the monitoring survey requirements for well sites located on the Alaskan North Slope.
EPA took this final action in response to comments received on the June 2017 proposed stays of certain requirements in the rule and subsequent Notices of Data Availability (NODAs) issued in November 2017. EPA is continuing to evaluate comments the agency received on the proposed stays and NODAs.
Proposal to withdraw the 2016 Control Techniques Guidelines for the Oil and Natural Gas Industry
In a separate action, EPA is proposing to withdraw the 2016 Control Techniques Guidelines for the Oil and Natural Gas Industry (Oil and Gas CTG) in its entirety. The Oil and Gas CTG provides recommendations for certain states and areas that are required to address smog-forming volatile organic compound (VOC) emissions from covered sources as part of their state implementation plans for meeting EPA’s national standards for ground-level ozone.
The Oil and Gas CTG relied on data and conclusions that were used in the 2016 NSPS for the oil and gas industry. EPA is currently reconsidering certain aspects of the 2016 NSPS and intends to look broadly at the rule during the reconsideration process.
Because some recommendations in the Oil and Gas CTG are based on the 2016 NSPS, and others are based on the NSPS issued in 2012, EPA believes withdrawing the entire Oil and Gas CTG will be more efficient for states, which otherwise might be required to revise their implementation plans twice: once, to address recommendations that are tied to the 2012 NSPS, and potentially a second time after the reconsideration of the 2016 NSPS is complete.
EPA has analyzed costs that would be avoided if the Oil and Gas CTG were withdrawn. The Agency analyzed avoided costs assuming that, even if the Oil and Gas CTG were withdrawn, some states might need to obtain VOC emission reductions from existing oil and gas sources as part of their state implementation plans for meeting the ozone standard. Using this perspective, the agency estimates that the oil and gas industry would avoid costs of $1.2 million per year (3 percent discount rate) or $1.6 million per year (7 percent discount rate) under this perspective, totaling $14 or $16 million from 2021-2035 (using discount rates of 3 and 7 percent respectively).
The agency will take public comment on withdrawing the Oil and Gas CTG for 45 days after a notice is published in the Federal Register.
USDA Announces Funds to Help Mississippi Ag Producers Restore Wildlife Habitat
Gopher Tortoise Part of Innovative Private
Land Conservation to Benefit Agriculture and Wildlife
Jackson, Miss. – The United States Department of Agriculture is making financial assistance available to partner with agricultural producers who want to restore and protect habitat for seven focus species, including the gopher tortoise in Mississippi. Applications that are received by April 20, 2018 will be considered in the second ranking period.
The United States Department of Agriculture/Natural Resources Conservation Service (NRCS) will invest in habitat restoration for the gopher tortoise, the keystone species of longleaf pine forests in the Southeast. The tortoise is known for its deep burrows and is listed as threatened in the western part of its range under the Endangered Species Act (ESA). Since 2012, NRCS has worked with land managers to make conservation improvements to more than 278,000 acres of pine forests, benefitting the gopher tortoise and many other species.
“The decisions of agricultural producers can have significant impacts on wildlife,” stated Kevin Kennedy, Acting NRCS State Conservationist for Mississippi. “By managing land with the gopher tortoise, producers can enhance the tortoise’s habitat while also strengthening their agricultural operations.”
The conservation efforts for the gopher tortoise are part of Working Lands for Wildlife Initiative (WLFW), which was launched in 2012 to support struggling landscapes and strengthens agricultural operations. The WLFW is a partnership with the U.S. Fish and Wildlife Service that focuses on the habitats that are home to seven species: the greater sage-grouse, lesser prairie-chicken, southwestern willow flycatcher, golden winged warbler, bog turtle, gopher tortoise and the New England cottontail.
Applications for all NRCS financial-assistance programs are accepted on a continuous sign-up process, however specific sign-up deadlines are established to rank, contract and fund qualified tracts of land. Applications for the Working Lands for Wildlife Initiative received by April 20, 2018 will be considered for funding this year.
Technical and financial assistance is available through the Environmental Quality Incentives Program.
NRCS financial assistance covers part of the cost to implement conservation practices. Interested landowners are encouraged to contact their local USDA service center. To locate the nearest NRCS office: http://offices.sc.egov.usda.gov/locator/app.
The State of Florida has completed the construction phase of the Apalachicola Bay Oyster Restoration project funded by the RESTORE Council. This $4.7 million project is the first completed implementation phase of a project funded from the Council-Selected Restoration Component’s Initial Funded Priorities List. Approximately 95,000 cubic yards of lime rock material was taken by barge and placed in the bay waters on an estimated 317-acre area in Franklin County. This has provided a new base that larval oysters may naturally settle on and grow in size to maturity. Newly settled oyster larvae are referred to as oyster spat. This effort complements other oyster restoration projects within Apalachicola Bay, an area with nationally and regionally significant oyster reefs which have suffered from degradation. Oysters improve water quality through filtering out excess sediment and pollutants. Oyster beds provide habitat that sustains fish and other bay organisms.
Florida’s Apalachicola National Estuarine Research Reserve will monitor the project by measuring the colonization and growth of oysters in the restored area over the next two years.
