Category Archives: Trump administration

Trump administration taking advantage of coronavirus crisis – polluters winning big

U.S. dramatically rolls back rules for polluters – companies can now monitor themselves during the outbreak.

Letters from an American, by Heather Cox Richardson, March 26, 2020  

March 26, 2020

Heather Cox Richardson, American historian and Professor of History at Boston College and Author, Letters from an American

The United States now leads the world in confirmed coronavirus cases. At least 83,377 people have tested positive for the virus, a leap of 17,166 cases. At least 1,295 have died. As nurses and doctors struggle on the front lines of this pandemic, Trump and his supporters insist that fears of the disease are overblown. In Louisiana, a pastor of a Baton Rouge megachurch is continuing to hold services in defiance of orders from Democratic Governor John Bel Edwards against large gatherings. Pastor Tony Spell of Life Tabernacle Church says he is not worried about Covid-19. “The virus, we believe, is politically motivated. We hold our religious rights dear and we are going to assemble no matter what someone says.”

The United States now leads the world in confirmed coronavirus cases. At least 83,377 people have tested positive for the virus, a leap of 17,166 cases. At least 1,295 have died. As nurses and doctors struggle on the front lines of this pandemic, Trump and his supporters insist that fears of the disease are overblown. In Louisiana, a pastor of a Baton Rouge megachurch is continuing to hold services in defiance of orders from Democratic Governor John Bel Edwards against large gatherings. Pastor Tony Spell of Life Tabernacle Church says he is not worried about Covid-19. “The virus, we believe, is politically motivated. We hold our religious rights dear and we are going to assemble no matter what someone says.”

The Labor Department reported last week’s unemployment claims, and they are higher by far than expected. More than 3.28 million workers filed unemployment claims, and the system is so backlogged many cannot get through. The unemployment rate jumped to 5.5 from last month’s 3.5%.

Despite the jobs numbers, investors regained faith in the markets. On Thursday, the stock market rose again for the third day. The Dow Jones Industrial Average finished up 1,351 points, or about 6.38%. With an all-over rise of more than 20% since Monday, the market is out of the bear territory it had entered with the falls of recent weeks.

Investors might have been cheerful about the market in part because the Trump administration has drastically rolled back rules for polluters in this crisis. Companies can now monitor themselves during the outbreak. The Environmental Protection Agency will not issue fines for breaking certain laws for reporting violations of air, water, or hazardous waste violations. The new order asks companies to “act responsibly.” Compliance is retroactive to March 13.

This EPA order dovetails with other regulatory rollbacks taking place while we are focused on the deadly pandemic. The administration is rushing through regulations to weaken environmental laws since Congress can overturn a regulation or federal rule within 60 days of it being finalized, and Republicans are increasingly concerned that voters will turn against them in the 2020 election. So they are in a hurry to get their rollbacks on the books before the 60 day mark.

The House of Representatives is set to take up the Senate’s $2 trillion emergency relief bill. The House is not currently in session, so House Speaker Nancy Pelosi and House Minority Leader Kevin McCarthy agreed to a voice vote, which would not require all 430 members of the House to return to Washington. But at least one representative, Thomas Massie (R-KY), is considering opposing the bill out of concerns about its cost, which would require the presence of all the representatives for a roll call vote.

All eyes are on the coronavirus as we become the nation hardest hit by it.


Notes:

https://www.worldometers.info/coronavirus/

https://www.nytimes.com/interactive/2020/us/coronavirus-us-cases.html

https://www.nytimes.com/2020/03/26/health/usa-coronavirus-cases.html

https://thehill.com/homenews/house/489793-house-leadership-advises-members-to-return-to-washington-as-massie-weighs-roll-call-vote-on-stimulus-package

layoffs: https://washingtonpost.com/business/2020/03/26/unemployment-claims-coronavirus-3-million/

EPA: https://www.nytimes.com/2020/03/26/climate/epa-coronavirus-pollution-rules.html

https://www.nytimes.com/2020/03/25/climate/coronavirus-environmental-regulations-trump.html

https://www.washingtonpost.com/politics/house-leaders-seek-to-expedite-emergency-aid-package-amid-uncertainty-about-gop-lawmaker-delaying-measure/2020/03/26/392c9dba-6f7d-11ea-a3ec-70d7479d83f0_story.html

jobless claims: https://talkingpointsmemo.com/edblog/unemployment-jobless-claims-economy-stimulus-small-business

stock market: https://www.cnn.com/business/live-news/stock-market-news-today-032620/index.html

Tony Spell: https://www.nbcnews.com/news/us-news/louisiana-pastor-defies-coronavirus-order-draws-over-1-000-people-n1168501

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Deregulating Rail Transportation of Liquefied Natural Gas

The Regulatory Review, by Mark Nakahara, Mar 24, 2020

Proposed rule aims to make it easier to ship liquified natural gas by rail.

A new regulation from the Trump Administration may soon make it easier for U.S. companies to ship large quantities of liquefied natural gas (LNG), an increasingly valuable product. But the new regulation also carries great risks.

The Pipeline and Hazardous Materials Safety Administration (PHMSA) recently released a proposed rule that would allow for railroads to transport LNG in bulk and without obtaining special permits. Critics, however, worry that PHMSA is acting too quickly and disregarding certain safety concerns.

LNG is a cryogenic liquid—a substance that must be refrigerated below -90°C (-130°F) to maintain its liquid state. Since liquids are more compact than gases, large volumes of substances like LNG can be transported by freight trains.

PHMSA states that LNG is “odorless, colorless, non-corrosive, and non-toxic,” but safety concerns remain. LNG has traditionally been shipped by road or sea, and current regulations only allow the bulk transportation of LNG by rail after a shipper has obtained special approval from PHMSA or the Federal Railroad Administration. Observing that LNG is similar in nature to other substances that may be shipped by rail, the Association of American Railroads petitioned PHMSA to allow LNG to be shipped by rail in standard tank cars.

The issue of LNG transportation reached the highest levels of the U.S. government. In an executive order, President Trump noted that the current LNG regulations were drafted almost 40 years ago when the industry was less developed. As part of an effort to upgrade American energy infrastructure, the President specifically requested that the U.S. Department of Transportation amend the regulations to “treat LNG the same as other cryogenic liquids and permit LNG to be transported in approved rail tank cars.”

Just over six months after the executive order, PHMSA issued its proposed rule.

The proposed rule would permit the shipping of LNG in DOT-113 tank cars, which routinely transport other cryogenic liquids such as liquid hydrogen, nitrogen, and ethylene. Since LNG has similar properties to these liquids, PHMSA anticipates that the cars would be suitable for this task. PHMSA says that it also considered creating specifications for a new type of tank car that would be able to transport LNG over a longer timeframe, but it concluded that this process would only delay the rulemaking process.

The proposed rule also raises and seeks public comment on various operational issues designed to reduce safety risks should a rail accident occur. Since LNG is a hazardous material shipped at high pressure, a derailment or collision involving a tank car can have severe effects.

PHMSA is considering several methods for reducing risk. Following a safety recommendation from the National Transportation Safety Board, PHMSA has noted that cars containing LNG could be arranged a safe distance from the train crew in the locomotive. It also has suggested that speed restrictions could be imposed on trains carrying LNG, or that additional routing requirements be fulfilled when scheduling rail shipments of LNG.

Due to a lack of data on LNG rail shipments, PHMSA has not yet proposed any concrete, definitive rule changes addressing these operational issues. PHMSA anticipates that freight trains will only carry a few LNG cars at a time and the agency finds it “uncertain” whether the industry would grow to the point where entire trains would be devoted to LNG.

In a letter to PHMSA, U.S. Senators Ron Wyden (D-Ore.) and Jeff Merkley (D-Ore.) expressed concern that the agency had not considered all the risks the proposed rule might create. They recalled that there have been two incidents since 2011 where the protective linings of cryogenic tank cars have been breached. Since the LNG industry continues to grow, the senators worry that increased rail transport of LNG will lead to more such incidents.

The senators have reason to be concerned. In 2016, a crude oil train derailed and caught on fire in their home state of Oregon. The accident released 42,000 gallons of oil into the Columbia River Gorge. Due to the geography of the area, emergency response crews faced difficulties in quickly reaching the site. The senators noted that LNG’s high flammability can cause even hotter and more explosive fires than crude oil, a fact that the proposed rule does not cover in detail.

Environmental advocacy groups have similarly criticized the proposed rule. In a comment, Bradley Marshall and Jordan Luebkemann of Earthjustice have stated that PHMSA’s proposal is “unlawful” and fails to address potential adverse effects. Since LNG is more explosive than other cryogenic liquids being shipped by rail, an LNG accident in a populated area could have disastrous consequences.

Marshall and Luebkemann have reportedly found that 3.4% of DOT-113 tank cars have been damaged since 1980. Furthermore, they have observed that PHMSA provided no new data or justification to show that the safety of these tank cars has improved.

PHMSA received almost 400 comments before the comment period closed on January 13, 2020. The agency will now have to consider these comments before issuing any final rule.

Disaster-Born Safety Rules Topple in Trump Rollback

  • Chemical safety measure is latest Obama-era rule to be eased

  • White House says it can protect both public and businesses

Bloomberg News, by Ari Natter and Jennifer A Dlouhy, Nov 22, 2019

The Trump administration’s move to relax an Obama-era chemical safety regulation put in place after an explosion at a fertilizer plant is the latest example of the White House easing rules established in the wake of disasters.

Trump’s professed goal of rolling back “job-killing” regulations has led to weakening mandates proposed or enacted after three of the worst industrial accidents of the last decade: The 2010 Deepwater Horizon oil spill in the Gulf of Mexico, the 2011 Fukushima nuclear plant meltdown in Japan and 2013 derailment and explosion of an oil train in Canada.

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Smoke billows from controlled oil burns near the site of the BP Plc Deepwater Horizon oil spill in the Gulf of Mexico, 2010.  Photographer: Derick E. HingleBloomberg

“There is a clear pattern of the Trump administration targeting rules that were put in place in response to massive public health, safety, and environmental disasters,” said Amit Narang, a regulatory policy expert with the watchdog group Public Citizen. “The public expects our government to respond to these types of public disasters with regulations that protect them.”

Backers of Trump’s drive to repeal rules say that there is a natural rush to regulate after a high-profile disaster that can go too far.

“Some of these rollbacks come with the wisdom of time to say ‘we went further then we needed to go now that we have more information,’” said Dan Bosch, director of regulatory policy for the American Action Forum, a Republican-aligned think tank.

Related: EPA Eases Safety Standards Put in Place After Deadly Texas Blast

Representatives of the White House reject the notion the rollbacks risk safety.

“Those trying to connect any health and safety risks across the country” to those efforts “are dangerously wrong — there is no evidence to support such ridiculous claims,” said Chase Jennings, a spokesman for the White House Office of Management and Budget. “The administration is focused on relieving undue burdens and protecting public health and safety.”

Still, the changes have set off alarm bells with public safety advocates.

“They have picked out some of the most important safety regulations,” said Fred Millar, an independent rail consultant. “The Trump deregulation bank has a withdrawal window that’s wide open and industry is taking advantage.”

Earlier: Rail Industry Hails Repeal of Electronic Brake Mandate

In 2015, the U.S. Transportation Department imposed regulations meant to address a series of fiery crude-train derailments, most notably the one that killed 47 people in Lac-Megantic, Quebec. Canadian officials determined that a crew member’s failure to appropriately secure the train was one of nearly 20 causes of the derailment.

U.S. regulators mandated, over the objections of the industry, electronically controlled pnuematic brakes to shorten stopping distances. But that measure was rescinded by the Trump administration, which cited a lack of research showing the brakes were better and questions over whether the benefits were justified by the costs.

In some cases, the Obama rules have been left intact while some key provisions have been eased. That opens the administration to complaints it is rolling back safeguards even when it keeps many pieces untouched.

For example, the Environmental Protection Agency’s decision to rescind portions of a risk management law following the 2013 fertilizer explosion that killed 15 people in West, Texas, retained provisions cheered by safety advocates such mandating coordination with first responders and emergency exercise requirements.

But it axed mandates that required more public disclosure about what chemicals are stored at industrial sites, automatic third-party audits after accidents and a rule that companies assess safer technology options as a way of reducing risk.

Related: Trump Gives Oil Drillers More Leeway by Easing Post-Spill Rule

That was also the case with the White House’s decision to relax some of the mandates imposed by the Obama administration in response to the Deepwater Horizon disaster that killed 11 workers and unleashed the worst oil spill in U.S. history.

In May, the Interior Department rewrote about a fifth of that 2016 Obama rule, easing mandates for real-time monitoring of offshore operations and third-party certifications of emergency equipment.

But the department rebuffed oil industry pressure to lift a specific requirement for how much pressure must be maintained inside wells to keep them in check. Instead, companies now can apply for exceptions to that “safe drilling margin” requirement earlier in the permitting process.

The Nuclear Regulatory Commission, with three of its five members Trump appointees, voted 3-2 in January to strip down a rule requiring nuclear plants to upgrade their protection against flooding and earthquakes that was meant to prevent a Fukushima-style meltdown from occurring in the U.S.

The nuclear industry argues that rather than redesign facilities to address increased flood risks, it’s enough to focus on storing emergency generators, pumps, and other equipment in concrete bunkers.

Edwin Lyman, acting director of the Nuclear Safety Project at the Union of Concerned Scientists, disagrees.

“It’s just bad science and bad policy because of the philosophy that we are not going to impose any new regulations,” Lyman said. “It’s dismissing science, it’s not taking into account the impact of climate change that could lead to more severe flooding events.”

— With assistance by Ryan Beene

EPA rule change: power plants can dump fine powder, sludge and contaminated water

EPA to scale back federal rules restricting waste from coal-fired power plants

Agency chief Andrew Wheeler argues that Obama-era rules ‘placed heavy burdens on electricity producers.’ Critics call the changes unwarranted and potentially dangerous.
The American Electric Power coal-burning plant in Conesville, Ohio.  (Michael S. Williamson/The Washington Post)
The American Electric Power coal-burning plant in Conesville, Ohio. (Michael S. Williamson/The Washington Post)

The Environmental Protection Agency on Monday plans to relax rules that govern how power plants store waste from burning coal and release water containing toxic metals into nearby waterways, according to agency officials.

The proposals, which scale back two rules adopted in 2015, affect the disposal of fine powder and sludge known as coal ash, as well as contaminated water that power plants produce while burning coal. Both forms of waste can contain mercury, arsenic and other heavy metals that pose risks to human health and the environment.

The new rules would allow extensions that could keep unlined coal ash waste ponds open for as long as eight additional years. The biggest benefits from the rule governing contaminated wastewater would come from the voluntary use of new filtration technology.

Trump administration officials revised the standards in response to recent court rulings and to petitions from companies that said they could not afford to meet stringent requirements enacted under the Obama administration. They also reflect President Trump’s broader goal of bolstering America’s coal industry at a time when natural gas and renewable energy provide more affordable sources of electricity for consumers.

Under the Obama-era rule, coal ash ponds leaking contaminants into groundwater that exceeded federal protection standards had to close by April 2019. The Trump administration extended that deadline to October 2020 in a rule it finalized last year.

In August 2018, the U.S. Court of Appeals for the District of Columbia Circuit instructed the EPA to require that companies overhaul ponds, including those lined with clay and compacted soil, even if there was no evidence that sludge was leaking into groundwater.

In a statement, EPA Administrator Andrew Wheeler said the Obama-era rules “placed heavy burdens on electricity producers across the country.”

“These proposed revisions support the Trump administration’s commitment to responsible, reasonable regulations,” Wheeler said, “by taking a common-sense approach that will provide more certainty to U.S. industry while also protecting public health and the environment.”

Under the new proposal, companies will have to stop placing coal ash into unlined storage ponds near waterways by Aug. 31, 2020, and either retrofit these sites to make them more secure or begin to close them. Unlike the Obama-era rules, the EPA will allow greater leeway and more time for operators to request extensions ranging from 90 days to three years, until Oct. 15, 2023, if they can convince regulators that they need more time to properly dispose of the waste.

Moreover, if a company can demonstrate it is shutting down a coal boiler, it can petition to keep its storage ponds open for as long as eight years, depending on their size. Slurry ponds smaller than 40 acres could get approval to stay in place until Oct. 15, 2023, officials said, while larger ones could remain open until Oct. 15, 2028.

In a phone interview Sunday, American Public Power Association general counsel Delia Patterson said the proposed rules reflect the fact that it can take time to design, permit and construct new facilities that can pass muster.

“I think the EPA is actually acknowledging the reality of the situation. It’s just really not in anyone’s interest to rush this,” said Patterson, whose group represents publicly owned utilities that provide 15 percent of the nation’s electricity.

Environmentalists have sharply criticized the proposals, arguing that these containment sites pose serious risks to the public at a time when more frequent and intense flooding, fueled in part by climate change, could destabilize them and contaminate drinking water supplies that serve millions of people. The rules will be subject to public comment for 60 days.

During the past decade, Tennessee and North Carolina have experienced major coal ash spills that have destroyed homes and contaminated rivers, resulting in sickened cleanup workers and extensive lawsuits.

The question of how to handle coal waste, which is stored in roughly 450 sites across the country, has vexed regulators for decades. The Obama administration negotiated for years with environmental groups, electric utilities and other affected industries about how to address the waste, which can poison wildlife and poses health risks to people living near storage sites.

Lisa Evans, an attorney specializing in hazardous waste litigation for the environmental group Earthjustice, said allowing the electric industry to extend the life of coal ash pits represents a particular threat to low-income and minority Americans, who often live near such installations.

“Allowing plants to continue to dump toxic waste into leaking coal ash ponds for another 10 years will cause irreversible damage to drinking water sources, human health and the nation’s waters,” Evans said in an email. It was not surprising, she added, that the coal industry had lobbied against closing these storage sites. “Operating ponds is cheap. Closing them costs the utilities money,” she said.

It is also likely to add to consumers’ costs. Last year, for example, a member of the Virginia State Corporation Commission estimated it could cost ratepayers as much as $3.30 a month over 20 years — between $2.4 billion and $5.6 billion — to clean up Virginia-based Dominion Energy’s 11 coal ash ponds and six coal ash landfills in the state.

The EPA’s proposals will retain several of the monitoring and public disclosure standards put in place in 2015, officials said, requiring companies to monitor nearby groundwater, publicly report the data and address any leaks that pollute area waterways. The “vast majority” of slurry ponds “are on the road to closure” under the new rule, an EPA official said.

Using monitoring data disclosed for the first time under the 2015 rule, a report published jointly earlier this year by the Environmental Integrity Project and Earthjustice found 91 percent of the nation’s coal-fired power plants reported elevated levels of contaminants such as arsenic, lithium, chromium and other pollutants in nearby groundwater.

The vast majority of ponds and landfills holding coal waste at hundreds of power plants across the country have leaked toxic chemicals into nearby groundwater at facilities from Texas to Pennsylvania to Maryland, according to that analysis. The report acknowledged, however, that the groundwater data alone does not prove drinking-water supplies near the coal waste facilities have been contaminated. Power companies are not routinely required to test nearby drinking water wells. “So the scope of the threat is largely undefined,” the report stated.

The EPA on Monday will also revise requirements for how power plants discharge wastewater, which contains some of the same kind of contaminants. Under the Obama administration, EPA staff had concluded it was feasible to prohibit any releases of such toxic materials by having the units continually recycle their water. The agency has now concluded this is much more costly than originally anticipated, and technological advances have made it cheaper to filter and capture the waste through a membrane system, officials said.

Under the new rule, plants would be allowed to discharge 10 percent of their water each day, on a 30-day rolling average. The administration projects the regulation would prevent 105 million pounds of pollutants from being released compared with the old standards because 18 affected plants would voluntarily adopt a more advanced filtration system. The administration also estimated it would save the industry $175 million each year in compliance costs and yield an additional $15 million to $69 million in annual public health and environmental benefits.

However, even if the 18 plants voluntarily adopted more advanced filtration techniques, they represent a minority of the nation’s total plants.

Elizabeth “Betsy” Southerland, former director of science and technology at the EPA’s Office of Water, said the proposed rule “relaxes the 2015 treatment requirements allowing increased selenium discharges and [the] release of contaminated water from coal ash handling. Even worse, it exempts a large number of plants from these relaxed requirements, allowing them to discharge more pollutants and continue disposing of ash in leaking ponds.”

Patterson said although it may be “just hard to understand” why companies need more time and flexibility, plant operators have no interest in contaminating nearby waterways. “They live in and around these communities,” she said.

Evans said environmentalists are likely to challenge the new rule on coal ash storage, and the federal government could again reverse course if a Democrat wins the presidency next year. She noted that, because 95 percent of coal ash ponds remain unlined, two-thirds lie within five feet of groundwater and 92 percent leak more than federal health standards allow, they could pose a risk to the public even as litigation winds its way through the federal courts.

“We have to hope that no wells are poisoned and no toxic waste is spilled in the interim,” she said. “Crossing your fingers is not a legal or sane way to regulate toxic waste.”