Current Spewing From Simpson Incinerator Do we want to add to this?
Submitted to Shelton Blog by Duff Badgley
Federal Greenhouse Gas Law Now Trumps WA State Law
Moratorium Needed to Allow Resolution of Myriad Legal Questions
Moratorium Needed to Allow Resolution of Myriad Legal Questions
A moratorium by Mason County on all types of biomass-fueled plants is an essential tool for responding to the swirl of legal uncertainty surrounding current federal regulation of greenhouse gases. The moratorium would allow time to determine if the biomass-fueled projects proposed by Adage and Simpson/Solomon will be allowed under federal law, or outlawed for emitting harmful greenhouse gas pollutants.
EPA’s Tailoring Rule for greenhouse gas emissions (75 Fed. Reg. 31514) became final on June 3, 2010. It classifies the six most prevalent anthropogenic greenhouse gases (including the most prevalent, carbon dioxide) as harmful pollutants, regardless of source. This means CO2 emitted from biomass combustion must now be classified as a harmful pollutant when emitted anywhere in the United States, including Washington State.
Specifically, the federal Tailoring Rule trumps Washington State law (RCW 235.020) that requires reporting CO2 emissions from biomass combustion but prohibits classifying them as greenhouse gases.
The Tailoring Rule began phasing in regulation of greenhouse gases (GHGs) from certain stationary sources (like fossil fuel-fired power plants and some biomass-fired plants) on January 2, 2011. Beginning on July 1, 2011, the next round of regulation under the Tailoring Rule will encompass more stationary GHG sources including additional biomass-fired plants.
Under WAC 173-401-200(4), all operating permits—and therefore SEPA findings that will inform and anticipate these permits—must include “all applicable requirements”, and applicable requirements include “rules or promulgations by EPA … with future effective dates”. (bold added).
Top environmental lawyers in Washington State, Massachusetts, and Indiana argue this combination of federal and Washington State laws means that the large biomass-fired plants proposed for Washington State are subject now to Tailoring Rule regulation under Prevention of Significant Deterioration (“PSD”) and Title V provisions of the federal Clean Air Act.
Industry sued the EPA trying to block implementation of the Tailoring Rule beginning January 2, 2011. A federal judge in Washington, D.C. dismissed the suit in mid-December, 2010. But multiple other lawsuits, both challenging and defending the Tailoring Rule, are expected to be filed across the country seeking, variously, to block, clarify, delay, or speed up the Tailoring Rule.
Against this legal uncertainty, a Mason County moratorium would make wonderful sense. Then keep it long enough to allow the laws to catch up with the science.
Science accepted by the EPA documents CO2 emissions from biomass combustion (including gasification), or any source, are not re-sequestered for centuries and millennia, thus accelerating climate change and endangering human health.
EPA: “Indeed, for a given amount of CO2 released today, about half will be taken up by the oceans and terrestrial vegetation over the next 30 years, a further 30 percent will be removed over a few centuries, and the remaining 20 percent will only slowly decay over time such that it will take many thousands of years to remove from the atmosphere.”-- Federal Register, Vol. 74 (April, 2009), P 18899.
Duff Badgley
duff@nobiomassburn.org
www.nobiomassburn.org
Photo by Christine
EPA’s Tailoring Rule for greenhouse gas emissions (75 Fed. Reg. 31514) became final on June 3, 2010. It classifies the six most prevalent anthropogenic greenhouse gases (including the most prevalent, carbon dioxide) as harmful pollutants, regardless of source. This means CO2 emitted from biomass combustion must now be classified as a harmful pollutant when emitted anywhere in the United States, including Washington State.
Specifically, the federal Tailoring Rule trumps Washington State law (RCW 235.020) that requires reporting CO2 emissions from biomass combustion but prohibits classifying them as greenhouse gases.
The Tailoring Rule began phasing in regulation of greenhouse gases (GHGs) from certain stationary sources (like fossil fuel-fired power plants and some biomass-fired plants) on January 2, 2011. Beginning on July 1, 2011, the next round of regulation under the Tailoring Rule will encompass more stationary GHG sources including additional biomass-fired plants.
Under WAC 173-401-200(4), all operating permits—and therefore SEPA findings that will inform and anticipate these permits—must include “all applicable requirements”, and applicable requirements include “rules or promulgations by EPA … with future effective dates”. (bold added).
Top environmental lawyers in Washington State, Massachusetts, and Indiana argue this combination of federal and Washington State laws means that the large biomass-fired plants proposed for Washington State are subject now to Tailoring Rule regulation under Prevention of Significant Deterioration (“PSD”) and Title V provisions of the federal Clean Air Act.
Industry sued the EPA trying to block implementation of the Tailoring Rule beginning January 2, 2011. A federal judge in Washington, D.C. dismissed the suit in mid-December, 2010. But multiple other lawsuits, both challenging and defending the Tailoring Rule, are expected to be filed across the country seeking, variously, to block, clarify, delay, or speed up the Tailoring Rule.
Against this legal uncertainty, a Mason County moratorium would make wonderful sense. Then keep it long enough to allow the laws to catch up with the science.
Science accepted by the EPA documents CO2 emissions from biomass combustion (including gasification), or any source, are not re-sequestered for centuries and millennia, thus accelerating climate change and endangering human health.
EPA: “Indeed, for a given amount of CO2 released today, about half will be taken up by the oceans and terrestrial vegetation over the next 30 years, a further 30 percent will be removed over a few centuries, and the remaining 20 percent will only slowly decay over time such that it will take many thousands of years to remove from the atmosphere.”-- Federal Register, Vol. 74 (April, 2009), P 18899.
Duff Badgley
duff@nobiomassburn.org
www.nobiomassburn.org
Photo by Christine
See you at the biomass demonstration in front of the Seattle Sheraton @ 8:00AM, Tuesday, January, 11.
ReplyDeleteWonderful photo, Christine!
ReplyDeleteWe've never seen how the smoke from Simpson looks to folks "on the water" before -- quite something!
Shall we say "hello to air pollution x3" very shortly if the citizens of Shelton and Mason County do not win?
Thanks JoC!!!
ReplyDelete(I must admit, I'm rather pleased with this shot.)
I can see why you might think it was taken from across the water, but the photo was actually taken downtown Shelton. (The Simpson smokestack cannot be seen from Hammersley Inlet, & the trees definitely look happier on this side of the water!!!)