January 2014 - EC - lists.bikelover.org

Freedom cartoon
by James Kotcon 31 Jan '14

31 Jan '14

Great cartoon that we should use. It focuses on the Trans-Pacific Partnership, but it would not take too much to insert your favorite anti-regulatory issue. Jim Kotcon

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Fwd: This Week in OtherWords: The Minimum We Can Do to Fight Inequality
by Paul Wilson 30 Jan '14

30 Jan '14

great cartoon and an article by MaryAnn Hitt. fyi, paul ---------- Forwarded message ---------- From: Emily Schwartz Greco, OtherWords <otherwords(a)ips-dc.org> Date: Wed, Jan 29, 2014 at 12:19 PM Subject: This Week in OtherWords: The Minimum We Can Do to Fight Inequality To: pjgrunt(a)gmail.com Problems viewing this email? Please visit our website at OtherWords.org<http://org.salsalabs.com/dia/track.jsp?v=2&c=pupE5HdeSh1DKPnJuL6r%2Fb%2FBN%…> . [image: Other Words]<http://org.salsalabs.com/dia/track.jsp?v=2&c=u1Pce4lU7nJbhC88l6Lcc4lBZljSSo…> *a project of the Institute for Policy Studies <http://org.salsalabs.com/dia/track.jsp?v=2&c=L1t8sOyntkolupLU%2BHb8M7%2FBN%…>* <http://org.salsalabs.com/dia/track.jsp?v=2&c=AIjqwxoNnNch84BRR0VOMr%2FBN%2B…> Bold Opinions for Newspapers and New Media [image: Emily Schwartz Greco] Dear Friend, This week in OtherWords, Sam Pizzigati and I explain how President Obama fell short in his State of the Union address on economic justice and energy and Mary Ann Hitt weighs in on West Virginia's water-contamination crisis. On our blog<http://org.salsalabs.com/dia/track.jsp?v=2&c=g9BW4aeGMsmceiN0bHxHub%2FBN%2B…>, Karen Dolan sums up "the people's" response to Obama's remarks in verse. Do you need to access all our latest work in a single location? Please view our comprehensive and printable version<http://org.salsalabs.com/dia/track.jsp?v=2&c=qewhO9%2BqCTqoxLsmwpr%2Fs7%2FB…>of this week's commentaries. Are you changing your email address or do any editors you know need to get OtherWords in their inbox every week? Just let me know at otherwords(a)ips-dc.org. Below you'll find our latest commentaries and a new cartoon. Sincerely, Emily Schwartz Greco Managing Editor, OtherWords ------------------------------ Our Latest 1. Another Chapter in Coal's Trail of Pollution<http://org.salsalabs.com/dia/track.jsp?v=2&c=SXD0RcjePy9mMR%2FnC8WpFr%2FBN%…>/ Mary Anne Hitt *The West Virginia chemical spill underscores why we need to do more to safeguard our water supply.* 2. A Fast Track to Eroding Our Rights<http://org.salsalabs.com/dia/track.jsp?v=2&c=9JsuICra9BaardPHjFKWPr%2FBN%2B…>/ Wenonah Hauter *The Trans-Pacific Partnership would have disastrous implications for U.S. consumers.* 3. The Minimum We Can Do to Fight Inequality<http://org.salsalabs.com/dia/track.jsp?v=2&c=sWC62hmtAhj3t4Xx1kWkeb%2FBN%2B…>/ Sam Pizzigati *Obama's State of the Union action agenda won't take us nearly far enough.* 4. Media Silence on an Irate Gun Company's Connection to Sandy Hook<http://org.salsalabs.com/dia/track.jsp?v=2&c=m4D52XLAp%2BnYxqWtXSG3Tr%2FBN%…>/ Jason Salzman *How is Adam Lanza not part of this story?* 5. This Is What Climate Change Looks Like<http://org.salsalabs.com/dia/track.jsp?v=2&c=AAkxm8YUQt7zmglNDZ8ATr%2FBN%2B…>/ Jill Richardson *California isn't experiencing cold weather this winter, but it's as vulnerable to the deepening climate crisis as the rest of the country.* 6. Wisconsin's Cheesy Innovation<http://org.salsalabs.com/dia/track.jsp?v=2&c=Eq0aED0GJUe67VOlS4EA1L%2FBN%2B…>/ Jim Hightower *By spraying city streets with cheese brine, Milwaukee aims to save money and reduce pollution.* 7. Short-Circuiting the Future<http://org.salsalabs.com/dia/track.jsp?v=2&c=8Ai6LaKJhyyer4%2Bg%2FjVxcb%2FB…>/ Emily Schwartz Greco *Fracking is a bridge to nowhere.* 8. The Magic of De-Regulation<http://org.salsalabs.com/dia/track.jsp?v=2&c=p5XM3k1l5pFHe0w41arwwr%2FBN%2B…>/ Khalil Bendib [image: The Magic of De-Regulation]<http://org.salsalabs.com/dia/track.jsp?v=2&c=o%2BB92pnYyD07bExX7ZBh67%2FBN%…> Accompanies Mary Anne Hitt's op-ed, Another Chapter in Coal's Trail of Pollution <http://org.salsalabs.com/dia/track.jsp?v=2&c=PVnJ8l%2BQgRvv7%2F4%2BvV6nFr%2…>and Wenonah Hauter's op-ed, A Fast Track to Eroding Our Rights.<http://org.salsalabs.com/dia/track.jsp?v=2&c=64IvByFSzjmgNpi3XQtHob%2FBN%2B…> ------------------------------ View a few tips<http://org.salsalabs.com/dia/track.jsp?v=2&c=rIcLbLQbD8c2BcKYVCSUp7%2FBN%2B…>for using our website, http://otherwords.org<http://org.salsalabs.com/dia/track.jsp?v=2&c=ZNX7Vd46%2BDzWO%2BAWnYxx5b%2FB…> . *Email managing editor Emily Schwartz Greco at *otherwords(a)ips-dc.org* if you'd like to unsubscribe, change your subscription information, or provide feedback. We're always happy to hear from you.* [image: Creative Commons License] *Telephone:* (202) 234-9382 *Mailing Address:* 1112 16th St. NW, #600 Washington, DC 20036 otherwords(a)ips-dc.org otherwords.org<http://org.salsalabs.com/dia/track.jsp?v=2&c=XryPZ0h7QBHsrPfiR8VyiL%2FBN%2B…> Unsubscribe<http://org.salsalabs.com/dia/track.jsp?v=2&c=q2le9N%2Bm72bG%2FxXw5%2F11TL%2…> -- Paul Wilson Sierra Club 504 Jefferson Ave Charles Town, WV 25414-1130 Phone: 304-725-4360 Cell: 304-279-1361 "There is no forward until you have gone back" ~Buddha "In all things of nature there is something of the marvelous" ~ Aristotle

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from ScienceDaily e-newsletter: Small towns team up to power down
by Paul Wilson 28 Jan '14

28 Jan '14

Small towns team up to power down<http://feedproxy.google.com/~r/sciencedaily/top_news/top_environment/~3/Bml…> Posted: 22 Jan 2014 07:25 AM PST Building on success in Chestertown, Md., the Center for Environment & Society at Washington College is partnering with four more towns on the Eastern Shore to help them significantly reduce energy use and greenhouse gas emissions. -- Paul Wilson Sierra Club 504 Jefferson Ave Charles Town, WV 25414-1130 Phone: 304-725-4360 Cell: 304-279-1361 "There is no forward until you have gone back" ~Buddha "In all things of nature there is something of the marvelous" ~ Aristotle

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Murray Energy to sue EPA
by James Kotcon 28 Jan '14

28 Jan '14

Do you suppose Murray is beginning to question the wisdom of buying up ConSol's coal reserves? Maybe he is beginning to wonder if this global warming thing may affect his business decisions? Jim Kotcon >>>>> OBSERVER REPORTER Murray Energy to sue EPA Staff and wire reports Business Monday, January 27,2014 Murray Energy Corp. said in a news release Monday that it has notified the U.S. Environmental Protection Agency of its intent to file a lawsuit against the agency "to combat the EPA's illegal promulgation of senseless and destructive regulations, with absolutely no regard for their job and family destruction." According to the release, the company, based in St. Clairsville, Ohio, said the Clean Air Act, as passed by Congress and signed into law, "clearly requires the Obama EPA to consider job losses in its issuance of regulations, and it has never complied with the law." In its official notice, Murray Energy demands that the EPA immediately comply with the Clean Air Act and evaluate the job losses "caused by its disastrous regulations. Indeed, over the past several years, the Obama EPA has promulgated a series of rules and regulations seeking to eliminate the United States coal industry, and the very good jobs and low-cost electricity that it provides. "Indeed, the lives and livelihoods of entire families in many regions of America are being destroyed." The company also said it believes "there will be virtually no environmental benefit from these radical EPA regulations." Murray noted that at least 392 coal-fired electric power plants in America have been closed or identified for closure by the EPA, which it said equates to a loss of about 100,000 megawatts of lowest cost electric power available across the country. In filing the notice and lawsuit, Murray Energy said it is fighting to protect coal miners, low-cost electricity for all Americans and for American manufacturers of products which must compete in the global marketplace. "Unfortunately, we had no choice but to file this notice and lawsuit," said Gary M. Broadbent, assistant general counsel and media director for Murray Energy. "The Clean Air Act is crystal clear in requiring the EPA to evaluate the negative impact that their regulations will have on jobs, but they have repeatedly been derelict in their duty." "We must defend these jobs, families, and America, and force the EPA and President Obama to comply with the law." Murray Energy also said there will be further litigation resulting from the Obama EPA's destructive and illegal actions, but declined to discuss them at this time. Murray Energy is one of the largest employers in the U.S. coal industry, providing more than 7,100 jobs and operating 13 active coal mines in six states. In October, Consol Energy Inc. announced the sale of all five of its longwall coal mines in West Virginia to a subsidiary of Murray Energy for $3.5 billion. The mines purchased by Murray were the McElroy, Shoemaker, Robinson Run, Loveridge and Blacksville No. 2 mines. The transaction, which was completed in early December, included the transfer of 3,722 hourly and salaried employees to Murray. At the time of the sale, Murray said the transaction would nearly double its coal production from 30.1 million tons to 58.6 million tons per year, and nearly triple its coal reserves from 859 million tons to almost 2.4 billion tons. The company's workforce doubled from 3,300 to 7,100 employees. Copyright 2014 Observer Publishing Company.All rights reserved.

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PUC to update 'external cost' for Minnesota power sources | St. Cloud TIMES | sctimes.com
by Duane 27 Jan '14

27 Jan '14

http://www.sctimes.com/article/20140126/NEWS01/301260004/PUC-update-externa… PUC to update 'external cost' for Minnesota power sources Written by Kirsti Marohn, St. Cloud Times, January 26, 2014 BECKER — A new push to calculate the true cost of the environmental and health effects of producing electricity could have a substantial impact on the future of Minnesota’s largest coal plant, located in Becker. The state Public Utilities Commission agreed last month to update the values it gives to so-called external costs. Those can range from climate change to higher infant mortality to an increased number of emergency room visits due to asthma. The values will help guide future decisions the state will make about aging power plants like Sherco in Becker and cleaner sources of electricity. “What this would do is to cause Minnesota to take a hard look before investments are made in power plants so that ... we have a sense of what those ultimate costs would be, and we’ll make fewer bad decisions,” said J. Drake Hamilton, science policy director with the nonprofit Fresh Energy. Minnesota law Minnesota passed a landmark law in 1993 that requires the PUC to consider external costs when weighing various energy options. The purpose was to create a level playing field between sources of electricity that emit a lot of pollution and those that don’t, said Beth Goodpaster, attorney with the nonprofit Minnesota Center for Environmental Advocacy, which petitioned the PUC to update the values. Lawmakers recognized that there are costs associated with some sources of electricity that aren’t reflected in customers’ bills and aren’t paid for by utilities, Goodpaster said. “That way, a dirty resource would not be able to say, ‘We’re cheap,’ because they would have to actually include all the costs associated with it,” she said. Coal plants, for example, emit pollutants such as sulfur dioxide, nitrogen oxides and mercury that contribute to smog and affect human health. They also release greenhouse gases such as carbon dioxide that are linked to global warming. While Minnesota’s law was groundbreaking, the values didn’t include all pollutants and haven’t been updated since 1996. See link above for the complete article.

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Fwd: Proposed fracking in national forest meets broad opposition
by Paul Wilson 25 Jan '14

25 Jan '14

fyi, paul ---------- Forwarded message ---------- From: Angie Rosser <arosser(a)wvrivers.org> Date: Fri, Jan 24, 2014 at 5:43 PM Subject: Proposed fracking in national forest meets broad opposition To: "birthplaceofrivers(a)tws.org" <birthplaceofrivers(a)tws.org> Hooking drinking water and the Elk chemical spill... http://www.latimes.com/nation/la-na-national-forest-fracking-20140123,0,987… Proposed fracking in national forest meets broad opposition The U.S. Forest Service considers allowing hydraulic fracturing for natural gas in George Washington National Forest in Virginia, stirring concern about risks to drinking water in the Washington, D.C., area. [image: George Washington National Forest]<http://www.latimes.com/nation/politics/politicsnow/la-pn-year-in-review-pol…> In the past, the U.S. Forest Service has made it a top priority to preserve the purity of the water in George Washington National Forest, but the land also has vast untapped deposits of natural gas. (U.S. Forest Service / January 7, 2014) By Neela Banerjee January 22, 2014, 7:08 p.m. BRIDGEWATER, Va. -- The headwaters of the Potomac River rise amid the hills and hollows of George Washington National Forest in Virginia. Small creeks dart past oak, white pine and hickory, become streams that nourish farmland and towns, and create a river that courses through two states and the nation's capital. About 4 million people depend on that water. For decades, the U.S. Forest Service identified preserving its purity as the top priority for the national forest. Now, the agency is considering allowing George Washington to become the first national forest to permit high-volume hydraulic fracturing, or fracking. The million-acre forest sits on the eastern edge of the Marcellus shale formation, whose vast deposits of natural gas have touched off a drilling bonanza in Pennsylvania and West Virginia. All across the country, fracking's risks and rewards have splintered communities. But the potential risk to George Washington National Forest's water has drawn widespread opposition, including from most of the towns and counties nearby, members of Virginia's congressional delegation and Washington's mayor. The oil industry says any natural gas could be extracted with little harm to the national forest and its waters. The dispute mirrors dozens around the country as hydraulic fracturing unlocks oil and gas previously considered out of reach. But this time, it has stirred concerns not only about water in rural communities, but also about the drinking water of one of the nation's biggest metropolitan areas. "The Potomac is our exclusive water source. We don't have anywhere else to go for our drinking water if there's a mistake or problem," said George Hawkins, general manager of the District of Columbia Water and Sewer Authority. "And if there is, it would affect everyone at the [Environmental Protection Agency<http://www.latimes.com/topic/environmental-issues/u.s.-environmental-protec…>], every member of Congress<http://www.latimes.com/topic/politics/government/u.s.-congress-ORGOV0000131…> ." Neighboring West Virginia offers a preview of disruption when water becomes unusable, even temporarily. In that case, chemicals used to wash coal were found in the Elk River two weeks ago. For at least four days, nine counties could use tap water only to flush toilets. In Virginia, counties such as Augusta and Rockingham near George Washington National Forest boast some of the state's richest agricultural land, and many towns benefit from tourism tied to the forest. "Local governments here are aware that their most important natural resource is their water," said Nancy Sorrells, a historian of the region and former Augusta County<http://www.latimes.com/topic/us/virginia/augusta-county-PLGEO10010110900000…>supervisor. On a mild winter morning, Sorrells and two lawyers from the Southern Environmental Law Center drove the narrow road that snakes up to the nearly 4,400-foot Reddish Knob, one of the highest points in Virginia. On one side of the windy summit, hardwood forest extends to the horizon. If fracking were allowed, Sorrells and the lawyers noted, huge trucks would navigate the sinuous roads into the mountainous terrain, forest land would be cleared for pipelines and hilltops would be flattened for compressor stations. Every decade or so, all national forests develop new plans to determine the best use of their resources. The draft plan released in 2011 for the George Washington forest would have effectively banned fracking. After an outcry from industry, the Forest Service decided to reconsider. Aware of the complexity and contentiousness of the issue, the agency has delayed a final decision several times. Fracking currently is permitted on only two Forest Service preserves, both in the West: Dakota Prairie National Grasslands in North Dakota and Pawnee National Grassland in Colorado. "Minerals have always been a part of what we've been about, but we have to weigh if it's appropriate to develop them in this forest with this set of conditions," said Ken Landgraf, planning staff officer for George Washington National Forest. "The 'why' of considering fracking gets to the use of national lands. If we are developing energy in this country and making it more secure, shouldn't national lands be part of the solution?" Fracking involves injecting millions of gallons of water laced with sand and chemicals deep underground to crack shale formations and unlock oil and gas. The process is exempt from some parts of the Safe Drinking Water Act, and energy companies do not have to disclose the chemicals they use if they consider them trade secrets. Technological advances would allow fracking in the forest while protecting its water, said Michael Ward, executive director of the Virginia Petroleum Council. He noted that the Forest Service could keep the most sensitive areas off-limits. "Though there are no leases in or around the forest now, it seems unreasonable to lock up that whole area for another 15 years until the next forest plan," he said. Fracking's effect on water supplies remains in dispute. Yet recent studies near fracking sites have discovered water contaminated by methane, arsenic and chemicals linked to infertility, birth defects<http://www.latimes.com/topic/health/physical-conditions/birth-defects-HEISY…>and cancer. Sarah Francisco, one of the Southern Environmental Law Center attorneys who rode up to Reddish Knob, said the possibility of fracking in the forest raised unsettling questions: Would the gas companies compete with municipalities for the forest's water? Once it has been used in fracking, how would the highly contaminated water be disposed of, since local treatment plants could not handle it? Would methane from wells migrate into the water, as it has in parts of Pennsylvania? Would accidental spills of chemicals or wastewater taint the watershed? The questions trouble Dave and Sharon Horn. Half of their 650 acres is wooded and merges into the George Washington National Forest. They raise beef cattle on the rest. They hike and hunt in the forest. A spring runs on the other side of Buck Hill by their house. Like many of the area's residents, Dave Horn's family has lived by the forest for generations. He does not want the land and water disturbed, and the oil industry has failed to reassure him. "They can say, 'We'll be very careful and do this and that,' but there's always potential for human error, and that leads to contamination," he said. "And all this will affect people downstream too." *neela.banerjee(a)latimes.com <neela.banerjee(a)latimes.com>* http://www.latimes.com/nation/la-na-national-forest-fracking-20140123,0,987… ______________________________________________________________________ This email has been scanned by the Symantec Email Security.cloud service. For more information please visit http://www.symanteccloud.com ______________________________________________________________________ -- Paul Wilson Sierra Club 504 Jefferson Ave Charles Town, WV 25414-1130 Phone: 304-725-4360 Cell: 304-279-1361 "There is no forward until you have gone back" ~Buddha "In all things of nature there is something of the marvelous" ~ Aristotle

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HB 4277
by Jim Sconyers 23 Jan '14

23 Jan '14

Note that HB 4277 is apparently the Republicans' answer to water threats - sponsors are 4 Republicans. On Thu, Jan 23, 2014 at 6:32 PM, James Kotcon <jkotcon(a)wvu.edu> wrote: > > > Attached is my quick review of Comm Sub SB 373. It looks like Unger > incorporated a number of ideas from the governor's bill, but removed any > role for the Dept. of Public Health and included most of Tomblin's > exemptions, plus added a few new ones. It makes Ungers bill more > comprehensive for the tanks that are covered, but it exempts way too many > tanks. > > > > Jim Kotcon > > ------------------------------ > *From:* Dan Taylor <danotbob(a)gmail.com> > *Sent:* Thursday, January 23, 2014 4:01 PM > *To:* Jim Sconyers > *Cc:* Angie Rosser; David McMahon; Chuck Wyrostok; James Kotcon; MAYA > NYE; Denise Poole; Don Garvin; Vickie Wolfe; Dan Taylor; Gary Zuckett; Beth > Little; Cindy Rank; John C; Julie Archer; Norm Steenstra; Robin Blakeman; > Viv Stockman; Rachel Huff; Margaret Chapman Pomponio; Greg Carroll > *Subject:* Re: Allied lobbyists group: 373 TALKING POINTS > > Just saw H. B. 4277 > > Looks even more useless than the governor's bill. Just an inventory? > > -Dan > > > > On Thu, Jan 23, 2014 at 3:37 PM, Jim Sconyers <jimscon(a)gmail.com> wrote: > >> resorting to protection via existing NPDES stormwater permits seems a >> red herring to me - doesn't address the real critical problem, seems to say >> no further protection needed >> >> >> On Thu, Jan 23, 2014 at 1:09 PM, Angie Rosser <arosser(a)wvrivers.org>wrote: >> >>> This bill is being irresponsibly fast tracked by the Senate, not >>> giving time for thorough analysis and stakeholder/public input. >>> Doesn't recognize DEPs current authorities to permit under the existing >>> NPDES program >>> Narrowly attempts to address only one example of threats to source water >>> Includes several AST exclusions >>> Relies on industry self inspection and self reporting >>> No funding for protection plan development >>> >>> I have not had a chance to read the CS so someone needs to verify >>> these points are still relevant. >>> >>> Angie Rosser >>> Executive Director >>> West Virginia Rivers Coalition >>> 304-637-7201 >>> >>> *From:* David McMahon <wvdavid(a)wvdavid.net> >>> *Sent:* Tuesday, January 21, 2014 2:21 PM >>> >>> *To:* Chuck Wyrostok <wyro(a)appalight.com>, Jim Kotcon <jkotcon(a)wvu.edu>, >>> MAYA NYE <chemicalsafetyadvocates(a)gmail.com>, Angie Rosser<arosser(a)wvrivers.org> >>> *Cc:* Dan Taylor <danotbob(a)gmail.com>, Denise Poole<deniseap(a)earthlink.net>, >>> Don Garvin <DSGJr(a)aol.com>, Vickie Wolfe <ibtreehugger(a)gmail.com>, 'Dan >>> Taylor' <dan(a)ohvec.org>, Gary Zuckett <garyz(a)wvcag.org>, 'Beth Little'<blittle(a)citynet.net>, >>> Cindy Rank <clrank2(a)gmail.com>, 'Jim Sconyers' <jimscon(a)gmail.com>, 'John >>> C' <jbc329(a)earthlink.net>, Julie Archer <julie(a)wvsoro.org>, 'Norm >>> Steenstra' <norm(a)wvcag.org>, 'Robin Blakeman' <robin(a)ohvec.org>, 'Viv >>> Stockman' <viv(a)ohvec.org>, Rachel Huff <rachel(a)wvfree.org>, Margaret >>> Chapman Pomponio <margaret(a)wvfree.org>, Greg Carroll<greg.carroll(a)frontier.com> >>> >>> HI, >>> I saw Maya in cafeteria. Plan is to ask Unger to ask General >>> Servcies to leave capitaol open late so rally can occure in lower rotunda. >>> I have not idea if they accomplished this. >>> >>> Dave >>> On 1/21/2014 12:36 PM, Chuck Wyrostok wrote: >>> >>> Folks, I just talked to Greg Carroll. His road (and mine) are snowed >>> in pretty badly. He hasn’t heard whether the event has been moved inside >>> the capitol and feels it’s too risky to set up generator/sound system in >>> wet snow. He’d like to talk to someone asap. His phone 304 206 8849. >>> >>> >>> >>> Hopefully, we’ll both see you all later today….chuck w >>> >>> >>> >>> Chuck Wyrostok >>> >>> Outreach Organizer >>> >>> Sierra Club, WV Chapter >>> >>> T: 877 252 0257 >>> >>> E. outreach(a)marcellus-wv.com >>> >>> www.marcellus-wv.com >>> >>> >>> >>> Water is Life...Keep It Clean >>> ------------------------------ >>> >>> *From:* James Kotcon [mailto:jkotcon@wvu.edu <jkotcon(a)wvu.edu>] >>> *Sent:* Tuesday, January 21, 2014 12:01 PM >>> *To:* MAYA NYE; Angie Rosser >>> *Cc:* David McMahon; Dan Taylor; Denise Poole; DSGJr(a)aol.com; >>> ibtreehugger(a)gmail.com; wyro(a)appalight.com; dan(a)ohvec.org; >>> garyz(a)wvcag.org; blittle(a)citynet.net; clrank2(a)gmail.com; >>> jimscon(a)gmail.com; jbc329(a)earthlink.net; julie(a)wvsoro.org; >>> norm(a)wvcag.org; robin(a)ohvec.org; viv(a)ohvec.org; rachel(a)wvfree.org; >>> margaret(a)wvfree.org >>> *Subject:* RE: Allied lobbyists group: CSB RECOMMENDATIONS >>> >>> >>> >>> Maya, et al.: >>> >>> >>> >>> This is a great list. I would point out that the Unger bill does have a >>> provision directing DEP to propose fees to support the permit program, >>> although it is not clear that there is enough focus on inspections and >>> enforcement. >>> >>> >>> >>> Tomblin's bill has reasonable language assuring DEP has authority to do >>> inspections, etc. and requires an annual inspection by a professional >>> engineer. It also specifies construction and performance standards, >>> financial assurance requirements, and makes it unlawful to deliver to an >>> unregistered tank. That last one makes the haulers responsible, which I >>> think is a good idea (so it will probably be gutted). Tomblin's bill also >>> requires source water protection plans. If only Tomblin's bill did not >>> have so many loopholes that almost no one is covered by it! >>> >>> >>> >>> Some of those might be worth adding to the list. >>> >>> >>> >>> Jim Kotcon >>> >>> >>> >>> >>> ------------------------------ >>> >>> *From:* MAYA NYE <chemicalsafetyadvocates(a)gmail.com><chemicalsafetyadvocates(a)gmail.com> >>> *Sent:* Tuesday, January 21, 2014 11:18 AM >>> *To:* Angie Rosser >>> *Cc:* David McMahon; Dan Taylor; Denise Poole; DSGJr(a)aol.com; >>> ibtreehugger(a)gmail.com; wyro(a)appalight.com; dan(a)ohvec.org; >>> garyz(a)wvcag.org; blittle(a)citynet.net; clrank2(a)gmail.com; James Kotcon; >>> jimscon(a)gmail.com; jbc329(a)earthlink.net; julie(a)wvsoro.org; >>> norm(a)wvcag.org; robin(a)ohvec.org; viv(a)ohvec.org; rachel(a)wvfree.org; >>> margaret(a)wvfree.org >>> *Subject:* Re: Allied lobbyists group: CSB RECOMMENDATIONS >>> >>> >>> >>> All: >>> >>> >>> >>> This is what Pat McGinley came up with. >>> >>> >>> >>> *Components of a Comprehensive Above Ground Chemical Storage* >>> >>> *Bill Missing From Unger Bill* >>> >>> >>> >>> Most federal and state environmental protection statutes contain >>> significant opportunities for public participation. >>> >>> >>> >>> Bill should grant rights to citizens, public water suppliers as well >>> as municipal and county governments. Like other environmental protection >>> laws, such public participation rights should include: >>> >>> >>> >>> · A broad right of citizen access to information in DEP files >>> regarding permitting, inspection, enforcement actions, penalties and the >>> other information storage tank companies are required to submit under the >>> bill; >>> >>> >>> >>> · Grant citizen's a public hearing, right to comment upon >>> siting of tanks, permit applications, >>> >>> >>> >>> · Grant citizen's the right to seek administrative and >>> judicial review of siting, permitting and enforcement decisions, >>> >>> >>> >>> · Require notification of the public, water suppliers and >>> municipalities of permit applications, permit grants and denials, >>> >>> >>> >>> · Grant citizens (including water suppliers, municipal and >>> county governments) the right to object, to permit applications, grant of >>> permits, and settlements of DEP enforcement actions; >>> >>> >>> >>> · Grant citizens the right to (1) seek administrative and >>> judicial review of DEP permit and enforcement decisions; the right to seek >>> judicial enforcement of mandatory nondiscretionary duties of permittees and >>> DEP under the statute, permits and regulations; >>> >>> >>> >>> · Provide for attorneys and expert fees and costs to be >>> awarded citizens who substantially prevail in administrative actions or >>> upon judicial review. >>> >>> >>> >>> Other necessary provisions: >>> >>> >>> >>> · Specific storage tank setback requirements from source >>> waters where a spill or discharge may contaminate sources of public and >>> private drinking water. >>> >>> >>> >>> · Requirement that buffer zones be established to prohibit >>> location/construction of above-ground chemical storage tanks in close >>> proximity to source waters upstream from public drinking water intakes >>> (unless the director finds by clear and convincing evidence that there is >>> no possible hydrologic connection between the tanks and source waters (i.e. >>> no chance that the contents of a tank will reach stream or groundwater). >>> >>> >>> >>> · Owners of storage tanks should be *required* to submit >>> information about storage tanks and their contents - rather than leaving it >>> up to the DEP Secretary to request such information. >>> >>> >>> >>> · The regulatory program, including permitting of above ground >>> storage tanks, established by the bill should mandate additional DEP >>> staffing including inspectors and permit review staff with appropriate >>> expertise. >>> >>> >>> >>> · Require assessment of fees on tank owners to provide >>> adequate revenue to support the regulatory program. >>> >>> >>> >>> · Mandate monetary criminal (including imprisonment) and civil >>> sanctions with criminal and civil penalties to be imposed on corporate >>> managers and corporate entities adequate to provide serious deterrent to >>> violations of the statute. >>> >>> >>> >>> I will work on pulling all of your recommendations together on this >>> bill. >>> >>> >>> >>> Maya >>> >>> >>> >>> >>> >>> On Tue, Jan 21, 2014 at 2:29 AM, MAYA NYE < >>> chemicalsafetyadvocates(a)gmail.com> wrote: >>> >>> On Bayer report, it is page 116. >>> >>> >>> >>> Here is the text version: >>> >>> *8.3 Director of the Kanawha-Charleston Health Department * >>> >>> 2008-08-I-WV-R6 >>> >>> Establish a Hazardous Chemical Release Prevention Program to enhance >>> the prevention of accidental releases of highly hazardous chemicals, and >>> optimize responses in the event of their occurrence. In establishing the >>> program, study and evaluate the possible applicability of the experience of >>> similar programs in the country, such as those summarized in Section 5.3 of >>> this report. As a minimum: >>> >>> 1. Ensure that the new program: >>> >>> 1. Implements an effective system of independent oversight and >>> other services to enhance the prevention of accidental releases of highly >>> hazardous chemicals >>> >>> 2. Facilitates the collaboration of multiple stakeholders in >>> achieving common goals of chemical safety; and, >>> >>> 3. Increases the confidence of the community, the workforce, and >>> the local authorities in the ability of the facility owners to prevent and >>> respond to accidental releases of highly hazardous chemicals >>> >>> 2. Define the characteristics of chemical facilities that would >>> be covered by the new Program, such as the hazards and potential risks of >>> their chemicals and processes, their quantities, and similar relevant >>> factors; >>> >>> 116 >>> >>> c. Ensure that covered facilities develop, implement, and submit for >>> review and approval: >>> >>> 1. Applicable hazard and process information and evaluations. >>> >>> 2. Written safety plans with appropriate descriptions of hazard >>> controls, safety culture and human factors programs with employee >>> participation, and consideration of the adoption of inherently safer >>> systems to reduce risks >>> >>> 3. Emergency response plans; and, >>> >>> 4. Performance indicators addressing the prevention of chemical >>> incidents. >>> >>> 4. Ensure that the program has the right to evaluate the >>> documents submitted by the covered facilities, and to require >>> modifications, as necessary >>> >>> 5. Ensure that the program has right-of-entry to covered >>> facilities, and access to requisite information to conduct periodic audits >>> of safety systems and investigations of chemical releases; >>> >>> 6. Establish a system of fees assessed on covered facilities >>> sufficient to cover the oversight and related services to be provided to >>> the facilities including necessary technical and administrative personnel; >>> and, >>> >>> 7. Consistent with applicable law, ensure that the program >>> provides reasonable public participation with the program staff in review >>> of facility programs and access to: >>> >>> 1. The materials submitted by covered facilities (e.g., hazard >>> evaluations, safety plans, emergency response plans); >>> >>> 2. The reviews conducted by program staff and the modifications >>> triggered by those reviews; >>> >>> 117 >>> >>> 3. Records of audits and incident investigations conducted by the >>> program; >>> >>> 4. Performance indicator reports and data submitted by the >>> facilities, and; >>> >>> 5. Other relevant information concerning the hazards and the >>> control methods overseen by the program. >>> >>> h. Ensure that the program will require a periodic review of the >>> designated agency activities and issue a periodic public report of its >>> activities and recommended action items. >>> >>> *8.4 Secretary of West Virginia Department of Health and Human Services >>> and the West Virginia Department of Environmental Protection * >>> >>> 2008-08-I-WV-R7 >>> >>> Work with the Director of the Kanawha-Charleston Health Department to >>> ensure the successful planning, fee collection, and implementation of the >>> Hazardous Chemical Release Prevention Program as described in >>> Recommendation 2008-08-WV-R6, above, including the provision of services to >>> all eligible facilities in the State. >>> >>> *8.5 Kanawha-Putnam Emergency Planning Committee * >>> >>> 2008-08-I-WV-R8 >>> >>> Work with the Kanawha and Putnam counties Emergency Response Directors >>> to prepare and issue a revision to the Kanawha Putnam County Emergency >>> Response Plan and Annexes to address facility emergency response and >>> Incident Command when such functions are provided by the facility owner. >>> >>> >>> >>> On Mon, Jan 20, 2014 at 5:45 PM, Angie Rosser <arosser(a)wvrivers.org> >>> wrote: >>> >>> Links here >>> >>> >>> >>> Bayer Crop Science 2008: >>> http://www.csb.gov/csb-issues-report-on-2008-bayer-cropscience-explosion-fi… >>> >>> >>> >>> Dupont 2011: >>> http://www.csb.gov/dupont-corporation-toxic-chemical-releases/ >>> >>> >>> >>> >>> >>> *Angie Rosser* >>> >>> Executive Director >>> >>> West Virginia Rivers Coalition >>> >>> 304-637-7201 >>> >>> www.wvrivers.org >>> >>> >>> >>> *From:* David McMahon [mailto:wvdavid@wvdavid.net] >>> *Sent:* Monday, January 20, 2014 5:42 PM >>> *To:* Angie Rosser; MAYA NYE; Dan Taylor >>> *Cc:* Denise Poole; DSGJr(a)aol.com; ibtreehugger(a)gmail.com; >>> wyro(a)appalight.com; dan(a)ohvec.org; garyz(a)wvcag.org; blittle(a)citynet.net; >>> clrank2(a)gmail.com; jkotcon(a)wvu.edu; jimscon(a)gmail.com; >>> jbc329(a)earthlink.net; julie(a)wvsoro.org; norm(a)wvcag.org; robin(a)ohvec.org; >>> viv(a)ohvec.org; rachel(a)wvfree.org; margaret(a)wvfree.org >>> *Subject:* Re: Allied lobbyists group: GOVERNOR'S SPILL BILL >>> >>> >>> >>> Thanks. I still do not have Chemical Safety Board recommendations. >>> >>> On 1/20/2014 5:34 PM, Angie Rosser wrote: >>> >>> Gov’s bill attached. >>> >>> >>> >>> *Angie Rosser* >>> >>> Executive Director >>> >>> West Virginia Rivers Coalition >>> >>> 304-637-7201 >>> >>> www.wvrivers.org >>> >>> >>> >>> >>> >>> -- >>> >>> David McMahon >>> >>> e-Mail: wvdavid(a)wvdavid.net >>> >>> Land line: 304-415-4288 >>> >>> Fax: 810-958-6143 >>> >>> Physical address: 1018 Kanawha Blvd E. #1200 >>> >>> Charleston, WV 25301 >>> >>> Postal address: 1624 Kenwood Road >>> >>> Charleston, WV 25314 >>> >>> >>> >>> >>> >>> >>> >>> -- >>> >>> ~~~~~~~~~~~~~~~~~~~~~~~ >>> Maya Nye, Spokesperson >>> People Concerned About Chemical Safety >>> 179 Summers Street, Ste. 230 >>> >>> Charleston, WV 25301 >>> www.peopleconcernedaboutchemicalsafety.org >>> >>> 304-389-6859 >>> >>> ***Smell something funny?*** >>> Make a POLLUTION LOG. Start keeping track of what happens when you >>> smell something funny. Also, be sure to CALL and REPORT what you smell. >>> It may be the only way a problem is detected. If you smell something, >>> there IS a leak. Call 24 hrs. a day 1 (800) 642-3074 then let us know you >>> called it in. >>> >>> >>> >>> >>> >>> ***Adverse effects from exposure?*** >>> >>> Document your health symptoms. Keep a log. If you have immediate >>> concerns, go to the doctor or the emergency room. Be sure to have them >>> document that you think your symptoms are as a result of exposure. >>> --------------------------------------------------- >>> To unsubscribe from this email list, just hit reply and put >>> "unsubscribe" in the subject line. >>> >>> >>> >>> >>> >>> -- >>> >>> ~~~~~~~~~~~~~~~~~~~~~~~ >>> Maya Nye, Spokesperson >>> People Concerned About Chemical Safety >>> 179 Summers Street, Ste. 230 >>> >>> Charleston, WV 25301 >>> www.peopleconcernedaboutchemicalsafety.org >>> >>> 304-389-6859 >>> >>> ***Smell something funny?*** >>> Make a POLLUTION LOG. Start keeping track of what happens when you >>> smell something funny. Also, be sure to CALL and REPORT what you smell. >>> It may be the only way a problem is detected. If you smell something, >>> there IS a leak. Call 24 hrs. a day 1 (800) 642-3074 then let us know you >>> called it in. >>> >>> >>> >>> >>> >>> ***Adverse effects from exposure?*** >>> >>> Document your health symptoms. Keep a log. If you have immediate >>> concerns, go to the doctor or the emergency room. Be sure to have them >>> document that you think your symptoms are as a result of exposure. >>> --------------------------------------------------- >>> To unsubscribe from this email list, just hit reply and put >>> "unsubscribe" in the subject line. >>> >>> >>> -- >>> David McMahon >>> e-Mail: wvdavid(a)wvdavid.net >>> Land line: 304-415-4288 >>> Fax: 810-958-6143 >>> Physical address: 1018 Kanawha Blvd E. #1200 >>> Charleston, WV 25301 >>> Postal address: 1624 Kenwood Road >>> Charleston, WV 25314 >>> >>> >>> >> >> >> -- >> Jim Sconyers >> jimscon(a)gmail.com >> 304.698.9628 >> >> Remember, Mother Nature bats last. >> > > __._,_.___ > View attachments on the web<http://groups.yahoo.com/group/wvec-board/attachments/folder/721240141/item/…> Reply > via web post<http://groups.yahoo.com/group/wvec-board/post;_ylc=X3oDMTJxMWNnY2RnBF9TAzk3…> Reply > to sender > <jkotcon@wvu.edu?subject=Re%3A%20Revised%20373%20Side-By-Side%20%28was%3A%20Allied%20lobbyists%20group%3A%20373%20TALKING%20POINTS> Reply > to group > <wvec-board@yahoogroups.com?subject=Re%3A%20Revised%20373%20Side-By-Side%20%28was%3A%20Allied%20lobbyists%20group%3A%20373%20TALKING%20POINTS> Start > a New Topic<http://groups.yahoo.com/group/wvec-board/post;_ylc=X3oDMTJmcnA3cXJqBF9TAzk3…> Messages > in this topic<http://groups.yahoo.com/group/wvec-board/message/4057;_ylc=X3oDMTM1MjU0OWVq…>(1) > Recent Activity: > > > Visit Your Group<http://groups.yahoo.com/group/wvec-board;_ylc=X3oDMTJmaWo1MTlyBF9TAzk3MzU5N…> > [image: Yahoo! Groups]<http://groups.yahoo.com/;_ylc=X3oDMTJlb2lkcWttBF9TAzk3NDc2NTkwBGdycElkAzIxN…> > Switch to: Text-Only<wvec-board-traditional@yahoogroups.com?subject=Change+Delivery+Format:+Traditional>, > Daily Digest<wvec-board-digest@yahoogroups.com?subject=Email+Delivery:+Digest>• > Unsubscribe <wvec-board-unsubscribe(a)yahoogroups.com?subject=Unsubscribe>• Terms > of Use <http://info.yahoo.com/legal/us/yahoo/utos/terms/> • Send us > Feedback > <ygroupsnotifications(a)yahoogroups.com?subject=Feedback+on+the+redesigned+individual+mail+v1> > . > > __,_._,___ > > _______________________________________________ > EC mailing list > EC(a)osenergy.org > http://osenergy.org/mailman/listinfo/ec > -- Jim Sconyers jimscon(a)gmail.com 304.698.9628 Remember, Mother Nature bats last.

2 1

Revised 373 Side-By-Side (was: Allied lobbyists group: 373 TALKING POINTS
by James Kotcon 23 Jan '14

23 Jan '14

Attached is my quick review of Comm Sub SB 373. It looks like Unger incorporated a number of ideas from the governor's bill, but removed any role for the Dept. of Public Health and included most of Tomblin's exemptions, plus added a few new ones. It makes Ungers bill more comprehensive for the tanks that are covered, but it exempts way too many tanks. Jim Kotcon ________________________________ From: Dan Taylor <danotbob(a)gmail.com> Sent: Thursday, January 23, 2014 4:01 PM To: Jim Sconyers Cc: Angie Rosser; David McMahon; Chuck Wyrostok; James Kotcon; MAYA NYE; Denise Poole; Don Garvin; Vickie Wolfe; Dan Taylor; Gary Zuckett; Beth Little; Cindy Rank; John C; Julie Archer; Norm Steenstra; Robin Blakeman; Viv Stockman; Rachel Huff; Margaret Chapman Pomponio; Greg Carroll Subject: Re: Allied lobbyists group: 373 TALKING POINTS Just saw H. B. 4277 Looks even more useless than the governor's bill. Just an inventory? -Dan On Thu, Jan 23, 2014 at 3:37 PM, Jim Sconyers <jimscon(a)gmail.com<mailto:jimscon@gmail.com>> wrote: resorting to protection via existing NPDES stormwater permits seems a red herring to me - doesn't address the real critical problem, seems to say no further protection needed On Thu, Jan 23, 2014 at 1:09 PM, Angie Rosser <arosser(a)wvrivers.org<mailto:arosser@wvrivers.org>> wrote: This bill is being irresponsibly fast tracked by the Senate, not giving time for thorough analysis and stakeholder/public input. Doesn't recognize DEPs current authorities to permit under the existing NPDES program Narrowly attempts to address only one example of threats to source water Includes several AST exclusions Relies on industry self inspection and self reporting No funding for protection plan development I have not had a chance to read the CS so someone needs to verify these points are still relevant. Angie Rosser Executive Director West Virginia Rivers Coalition 304-637-7201<tel:304-637-7201> From: David McMahon<mailto:wvdavid@wvdavid.net> Sent: Tuesday, January 21, 2014 2:21 PM To: Chuck Wyrostok<mailto:wyro@appalight.com>, Jim Kotcon<mailto:jkotcon@wvu.edu>, MAYA NYE<mailto:chemicalsafetyadvocates@gmail.com>, Angie Rosser<mailto:arosser@wvrivers.org> Cc: Dan Taylor<mailto:danotbob@gmail.com>, Denise Poole<mailto:deniseap@earthlink.net>, Don Garvin<mailto:DSGJr@aol.com>, Vickie Wolfe<mailto:ibtreehugger@gmail.com>, 'Dan Taylor'<mailto:dan@ohvec.org>, Gary Zuckett<mailto:garyz@wvcag.org>, 'Beth Little'<mailto:blittle@citynet.net>, Cindy Rank<mailto:clrank2@gmail.com>, 'Jim Sconyers'<mailto:jimscon@gmail.com>, 'John C'<mailto:jbc329@earthlink.net>, Julie Archer<mailto:julie@wvsoro.org>, 'Norm Steenstra'<mailto:norm@wvcag.org>, 'Robin Blakeman'<mailto:robin@ohvec.org>, 'Viv Stockman'<mailto:viv@ohvec.org>, Rachel Huff<mailto:rachel@wvfree.org>, Margaret Chapman Pomponio<mailto:margaret@wvfree.org>, Greg Carroll<mailto:greg.carroll@frontier.com> HI, I saw Maya in cafeteria. Plan is to ask Unger to ask General Servcies to leave capitaol open late so rally can occure in lower rotunda. I have not idea if they accomplished this. Dave On 1/21/2014 12:36 PM, Chuck Wyrostok wrote: Folks, I just talked to Greg Carroll. His road (and mine) are snowed in pretty badly. He hasn’t heard whether the event has been moved inside the capitol and feels it’s too risky to set up generator/sound system in wet snow. He’d like to talk to someone asap. His phone 304 206 8849<tel:304%20206%208849>. Hopefully, we’ll both see you all later today….chuck w Chuck Wyrostok Outreach Organizer Sierra Club, WV Chapter T: 877 252 0257<tel:877%20252%200257> E. outreach(a)marcellus-wv.com<mailto:outreach@marcellus-wv.com> www.marcellus-wv.com<http://www.marcellus-wv.com/> Water is Life...Keep It Clean ________________________________ From: James Kotcon [mailto:jkotcon@wvu.edu] Sent: Tuesday, January 21, 2014 12:01 PM To: MAYA NYE; Angie Rosser Cc: David McMahon; Dan Taylor; Denise Poole; DSGJr(a)aol.com<mailto:DSGJr@aol.com>; ibtreehugger(a)gmail.com<mailto:ibtreehugger@gmail.com>; wyro(a)appalight.com<mailto:wyro@appalight.com>; dan(a)ohvec.org<mailto:dan@ohvec.org>; garyz(a)wvcag.org<mailto:garyz@wvcag.org>; blittle(a)citynet.net<mailto:blittle@citynet.net>; clrank2(a)gmail.com<mailto:clrank2@gmail.com>; jimscon(a)gmail.com<mailto:jimscon@gmail.com>; jbc329(a)earthlink.net<mailto:jbc329@earthlink.net>; julie(a)wvsoro.org<mailto:julie@wvsoro.org>; norm(a)wvcag.org<mailto:norm@wvcag.org>; robin(a)ohvec.org<mailto:robin@ohvec.org>; viv(a)ohvec.org<mailto:viv@ohvec.org>; rachel(a)wvfree.org<mailto:rachel@wvfree.org>; margaret(a)wvfree.org<mailto:margaret@wvfree.org> Subject: RE: Allied lobbyists group: CSB RECOMMENDATIONS Maya, et al.: This is a great list. I would point out that the Unger bill does have a provision directing DEP to propose fees to support the permit program, although it is not clear that there is enough focus on inspections and enforcement. Tomblin's bill has reasonable language assuring DEP has authority to do inspections, etc. and requires an annual inspection by a professional engineer. It also specifies construction and performance standards, financial assurance requirements, and makes it unlawful to deliver to an unregistered tank. That last one makes the haulers responsible, which I think is a good idea (so it will probably be gutted). Tomblin's bill also requires source water protection plans. If only Tomblin's bill did not have so many loopholes that almost no one is covered by it! Some of those might be worth adding to the list. Jim Kotcon ________________________________ From: MAYA NYE <chemicalsafetyadvocates(a)gmail.com><mailto:chemicalsafetyadvocates@gmail.com> Sent: Tuesday, January 21, 2014 11:18 AM To: Angie Rosser Cc: David McMahon; Dan Taylor; Denise Poole; DSGJr(a)aol.com<mailto:DSGJr@aol.com>; ibtreehugger(a)gmail.com<mailto:ibtreehugger@gmail.com>; wyro(a)appalight.com<mailto:wyro@appalight.com>; dan(a)ohvec.org<mailto:dan@ohvec.org>; garyz(a)wvcag.org<mailto:garyz@wvcag.org>; blittle(a)citynet.net<mailto:blittle@citynet.net>; clrank2(a)gmail.com<mailto:clrank2@gmail.com>; James Kotcon; jimscon(a)gmail.com<mailto:jimscon@gmail.com>; jbc329(a)earthlink.net<mailto:jbc329@earthlink.net>; julie(a)wvsoro.org<mailto:julie@wvsoro.org>; norm(a)wvcag.org<mailto:norm@wvcag.org>; robin(a)ohvec.org<mailto:robin@ohvec.org>; viv(a)ohvec.org<mailto:viv@ohvec.org>; rachel(a)wvfree.org<mailto:rachel@wvfree.org>; margaret(a)wvfree.org<mailto:margaret@wvfree.org> Subject: Re: Allied lobbyists group: CSB RECOMMENDATIONS All: This is what Pat McGinley came up with. Components of a Comprehensive Above Ground Chemical Storage Bill Missing From Unger Bill Most federal and state environmental protection statutes contain significant opportunities for public participation. Bill should grant rights to citizens, public water suppliers as well as municipal and county governments. Like other environmental protection laws, such public participation rights should include: • A broad right of citizen access to information in DEP files regarding permitting, inspection, enforcement actions, penalties and the other information storage tank companies are required to submit under the bill; • Grant citizen's a public hearing, right to comment upon siting of tanks, permit applications, • Grant citizen's the right to seek administrative and judicial review of siting, permitting and enforcement decisions, • Require notification of the public, water suppliers and municipalities of permit applications, permit grants and denials, • Grant citizens (including water suppliers, municipal and county governments) the right to object, to permit applications, grant of permits, and settlements of DEP enforcement actions; • Grant citizens the right to (1) seek administrative and judicial review of DEP permit and enforcement decisions; the right to seek judicial enforcement of mandatory nondiscretionary duties of permittees and DEP under the statute, permits and regulations; • Provide for attorneys and expert fees and costs to be awarded citizens who substantially prevail in administrative actions or upon judicial review. Other necessary provisions: • Specific storage tank setback requirements from source waters where a spill or discharge may contaminate sources of public and private drinking water. • Requirement that buffer zones be established to prohibit location/construction of above-ground chemical storage tanks in close proximity to source waters upstream from public drinking water intakes (unless the director finds by clear and convincing evidence that there is no possible hydrologic connection between the tanks and source waters (i.e. no chance that the contents of a tank will reach stream or groundwater). • Owners of storage tanks should be required to submit information about storage tanks and their contents - rather than leaving it up to the DEP Secretary to request such information. • The regulatory program, including permitting of above ground storage tanks, established by the bill should mandate additional DEP staffing including inspectors and permit review staff with appropriate expertise. • Require assessment of fees on tank owners to provide adequate revenue to support the regulatory program. • Mandate monetary criminal (including imprisonment) and civil sanctions with criminal and civil penalties to be imposed on corporate managers and corporate entities adequate to provide serious deterrent to violations of the statute. I will work on pulling all of your recommendations together on this bill. Maya On Tue, Jan 21, 2014 at 2:29 AM, MAYA NYE <chemicalsafetyadvocates(a)gmail.com<mailto:chemicalsafetyadvocates@gmail.com>> wrote: On Bayer report, it is page 116. Here is the text version: 8.3 Director of the Kanawha-Charleston Health Department 2008-08-I-WV-R6 Establish a Hazardous Chemical Release Prevention Program to enhance the prevention of accidental releases of highly hazardous chemicals, and optimize responses in the event of their occurrence. In establishing the program, study and evaluate the possible applicability of the experience of similar programs in the country, such as those summarized in Section 5.3 of this report. As a minimum: 1. Ensure that the new program: 1. Implements an effective system of independent oversight and other services to enhance the prevention of accidental releases of highly hazardous chemicals 2. Facilitates the collaboration of multiple stakeholders in achieving common goals of chemical safety; and, 3. Increases the confidence of the community, the workforce, and the local authorities in the ability of the facility owners to prevent and respond to accidental releases of highly hazardous chemicals 2. Define the characteristics of chemical facilities that would be covered by the new Program, such as the hazards and potential risks of their chemicals and processes, their quantities, and similar relevant factors; 116 c. Ensure that covered facilities develop, implement, and submit for review and approval: 1. Applicable hazard and process information and evaluations. 2. Written safety plans with appropriate descriptions of hazard controls, safety culture and human factors programs with employee participation, and consideration of the adoption of inherently safer systems to reduce risks 3. Emergency response plans; and, 4. Performance indicators addressing the prevention of chemical incidents. 4. Ensure that the program has the right to evaluate the documents submitted by the covered facilities, and to require modifications, as necessary 5. Ensure that the program has right-of-entry to covered facilities, and access to requisite information to conduct periodic audits of safety systems and investigations of chemical releases; 6. Establish a system of fees assessed on covered facilities sufficient to cover the oversight and related services to be provided to the facilities including necessary technical and administrative personnel; and, 7. Consistent with applicable law, ensure that the program provides reasonable public participation with the program staff in review of facility programs and access to: 1. The materials submitted by covered facilities (e.g., hazard evaluations, safety plans, emergency response plans); 2. The reviews conducted by program staff and the modifications triggered by those reviews; 117 3. Records of audits and incident investigations conducted by the program; 4. Performance indicator reports and data submitted by the facilities, and; 5. Other relevant information concerning the hazards and the control methods overseen by the program. h. Ensure that the program will require a periodic review of the designated agency activities and issue a periodic public report of its activities and recommended action items. 8.4 Secretary of West Virginia Department of Health and Human Services and the West Virginia Department of Environmental Protection 2008-08-I-WV-R7 Work with the Director of the Kanawha-Charleston Health Department to ensure the successful planning, fee collection, and implementation of the Hazardous Chemical Release Prevention Program as described in Recommendation 2008-08-WV-R6, above, including the provision of services to all eligible facilities in the State. 8.5 Kanawha-Putnam Emergency Planning Committee 2008-08-I-WV-R8 Work with the Kanawha and Putnam counties Emergency Response Directors to prepare and issue a revision to the Kanawha Putnam County Emergency Response Plan and Annexes to address facility emergency response and Incident Command when such functions are provided by the facility owner. On Mon, Jan 20, 2014 at 5:45 PM, Angie Rosser <arosser(a)wvrivers.org<mailto:arosser@wvrivers.org>> wrote: Links here Bayer Crop Science 2008: http://www.csb.gov/csb-issues-report-on-2008-bayer-cropscience-explosion-fi… Dupont 2011: http://www.csb.gov/dupont-corporation-toxic-chemical-releases/ Angie Rosser Executive Director West Virginia Rivers Coalition 304-637-7201<tel:304-637-7201> www.wvrivers.org<http://www.wvrivers.org> From: David McMahon [mailto:wvdavid@wvdavid.net<mailto:wvdavid@wvdavid.net>] Sent: Monday, January 20, 2014 5:42 PM To: Angie Rosser; MAYA NYE; Dan Taylor Cc: Denise Poole; DSGJr(a)aol.com<mailto:DSGJr@aol.com>; ibtreehugger(a)gmail.com<mailto:ibtreehugger@gmail.com>; wyro(a)appalight.com<mailto:wyro@appalight.com>; dan(a)ohvec.org<mailto:dan@ohvec.org>; garyz(a)wvcag.org<mailto:garyz@wvcag.org>; blittle(a)citynet.net<mailto:blittle@citynet.net>; clrank2(a)gmail.com<mailto:clrank2@gmail.com>; jkotcon(a)wvu.edu<mailto:jkotcon@wvu.edu>; jimscon(a)gmail.com<mailto:jimscon@gmail.com>; jbc329(a)earthlink.net<mailto:jbc329@earthlink.net>; julie(a)wvsoro.org<mailto:julie@wvsoro.org>; norm(a)wvcag.org<mailto:norm@wvcag.org>; robin(a)ohvec.org<mailto:robin@ohvec.org>; viv(a)ohvec.org<mailto:viv@ohvec.org>; rachel(a)wvfree.org<mailto:rachel@wvfree.org>; margaret(a)wvfree.org<mailto:margaret@wvfree.org> Subject: Re: Allied lobbyists group: GOVERNOR'S SPILL BILL Thanks. I still do not have Chemical Safety Board recommendations. On 1/20/2014 5:34 PM, Angie Rosser wrote: Gov’s bill attached. Angie Rosser Executive Director West Virginia Rivers Coalition 304-637-7201<tel:304-637-7201> www.wvrivers.org<http://www.wvrivers.org> -- David McMahon e-Mail: wvdavid(a)wvdavid.net<mailto:wvdavid@wvdavid.net> Land line: 304-415-4288<tel:304-415-4288> Fax: 810-958-6143<tel:810-958-6143> Physical address: 1018 Kanawha Blvd E. #1200 Charleston, WV 25301 Postal address: 1624 Kenwood Road Charleston, WV 25314 -- ~~~~~~~~~~~~~~~~~~~~~~~ Maya Nye, Spokesperson People Concerned About Chemical Safety 179 Summers Street, Ste. 230 Charleston, WV 25301 www.peopleconcernedaboutchemicalsafety.org<http://www.peopleconcernedaboutchemicalsafety.org/> 304-389-6859<tel:304-389-6859> ***Smell something funny?*** Make a POLLUTION LOG. Start keeping track of what happens when you smell something funny. Also, be sure to CALL and REPORT what you smell. It may be the only way a problem is detected. If you smell something, there IS a leak. Call 24 hrs. a day 1 (800) 642-3074 then let us know you called it in. ***Adverse effects from exposure?*** Document your health symptoms. Keep a log. If you have immediate concerns, go to the doctor or the emergency room. Be sure to have them document that you think your symptoms are as a result of exposure. --------------------------------------------------- To unsubscribe from this email list, just hit reply and put "unsubscribe" in the subject line. -- ~~~~~~~~~~~~~~~~~~~~~~~ Maya Nye, Spokesperson People Concerned About Chemical Safety 179 Summers Street, Ste. 230 Charleston, WV 25301 www.peopleconcernedaboutchemicalsafety.org<http://www.peopleconcernedaboutchemicalsafety.org/> 304-389-6859<tel:304-389-6859> ***Smell something funny?*** Make a POLLUTION LOG. Start keeping track of what happens when you smell something funny. Also, be sure to CALL and REPORT what you smell. It may be the only way a problem is detected. If you smell something, there IS a leak. Call 24 hrs. a day 1 (800) 642-3074 then let us know you called it in. ***Adverse effects from exposure?*** Document your health symptoms. Keep a log. If you have immediate concerns, go to the doctor or the emergency room. Be sure to have them document that you think your symptoms are as a result of exposure. --------------------------------------------------- To unsubscribe from this email list, just hit reply and put "unsubscribe" in the subject line. -- David McMahon e-Mail: wvdavid(a)wvdavid.net<mailto:wvdavid@wvdavid.net> Land line: 304-415-4288<tel:304-415-4288> Fax: 810-958-6143<tel:810-958-6143> Physical address: 1018 Kanawha Blvd E. #1200 Charleston, WV 25301 Postal address: 1624 Kenwood Road Charleston, WV 25314 -- Jim Sconyers jimscon(a)gmail.com<mailto:jimscon@gmail.com> 304.698.9628<tel:304.698.9628> Remember, Mother Nature bats last. __._,_.___ View attachments on the web<http://groups.yahoo.com/group/wvec-board/attachments/folder/721240141/item/…> Reply via web post<http://groups.yahoo.com/group/wvec-board/post;_ylc=X3oDMTJxMWNnY2RnBF9TAzk3…> Reply to sender <mailto:jkotcon@wvu.edu?subject=Re%3A%20Revised%20373%20Side-By-Side%20%28was%3A%20Allied%20lobbyists%20group%3A%20373%20TALKING%20POINTS> Reply to group <mailto:wvec-board@yahoogroups.com?subject=Re%3A%20Revised%20373%20Side-By-Side%20%28was%3A%20Allied%20lobbyists%20group%3A%20373%20TALKING%20POINTS> Start a New Topic<http://groups.yahoo.com/group/wvec-board/post;_ylc=X3oDMTJmcnA3cXJqBF9TAzk3…> Messages in this topic<http://groups.yahoo.com/group/wvec-board/message/4057;_ylc=X3oDMTM1MjU0OWVq…> (1) Recent Activity: Visit Your Group<http://groups.yahoo.com/group/wvec-board;_ylc=X3oDMTJmaWo1MTlyBF9TAzk3MzU5N…> [Yahoo! 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Energy Efficient West Virginia - Position Announcement
by Frank Young 23 Jan '14

23 Jan '14

---------- Forwarded message ---------- From: Stacy Gloss <stacygloss(a)gmail.com> Date: Wed, Jan 22, 2014 at 5:25 PM Subject: Energy Efficient West Virginia - Position Announcement To: Stacy Gloss <stacygloss(a)gmail.com> Hello, Energy Efficient West Virginia is seeking a well qualified program coordinator to work on an established energy efficiency campaign based in Charleston, West Virginia. Please help us in our search by sending this announcement to your networks or individuals that may be interested. Many thanks! Stacy Gloss Energy Efficient West Virginia Job Opportunity WV Citizen Action & Energy Efficient West Virginia Background: Energy Efficient West Virginia www.eewv.org <http://www.eewv.org/> is a four year old statewide nonprofit coalition formed by West Virginia Citizen Action Group (WV-CAG) and concerned citizens. EEWV includes consumer & environmental groups, small businesses, and clean energy contractors in its membership. The coalition has advocated for stronger energy efficiency public policies, through the Public Service Commission, at the legislature, and in supporting local projects in order to drive investment in improving the energy efficiency of West Virginia's building stock and industry. Energy efficiency is a job creator and economic driver as its the lowest cost option for meeting our electricity needs. EEWV's efforts have resulted in utilities offering stronger energy efficiency programs to help their customers save money on their bills through advocacy work and legal intervention. Position: WV-CAG has an opening for a full-time program coordinator / director to manage the operations of the Energy Efficient West Virginia campaign. The focus of this position will be on public education and outreach to build support for energy efficiency. This will include grant writing, partnering with organizations, outreach, project and meeting coordination, public presentations, advocating for Energy Efficiency policies at the state and local level, growing a volunteer base and maintaining EEWV's website and email communication efforts. This employee will also work with project partners on the campaign's policy and legal action strategies. The position is guided by a steering committee comprised of stakeholders in the energy efficiency coalition. Qualifications: * Bachelors or masters degree or other combination of related experiences * strong writing and communication skills * ability to work independently * demonstrated leadership experience * experience in grant writing and communication with funders * willingness to travel within WV and occasionally out of state * background and understanding in the field of energy efficiency, weatherization, building energy management or energy policy preferred * media, marketing, and event coordinating skills a plus * experience working on nonprofit campaigns Start date: March 5, 2014 To apply: Send resume and cover letter to Stacy Gloss, managing coordinator at stacy.eewv(a)gmail.com by February 12, 2014. -- Katey Lauer Coordinator The Alliance for Appalachia 402 King Ave Fayetteville, WV 25840 Work/Cell: (304) 546-8473 www.theallianceforappalachia.org <http://www.theallianceforappalachia.org/> www.ilovemountains.org <http://www.ilovemountains.org/>

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Re: [EC] WV water situation - response requested
by Paul Wilson 22 Jan '14

22 Jan '14

Check this out that was in the Daily Kos. - *Top West Virginia official: 'We have to trust the science even though there is no science to trust'*<http://kos.salsalabs.com/dia/track.jsp?v=2&c=JPYlWxZCh%2BH2o%2FzHTHKfYoMl2Q…> On Tue, Jan 21, 2014 at 2:39 PM, Yarnell, Karen < Karen.Yarnell(a)fairmontstate.edu> wrote: > I had already received this. Here is a response from an ecologist at > Fairmont State University. > > > > Karen, > > > > I read the letter that Ms. Fox would like to send earlier today, and > appreciate some of her frustration. But the problem as I see it is not the > inability of the EPA et.al to communicate, but that chemicals do not have > to get any toxicity testing before they are used in the environment, unlike > medicines and the FDA. The is due to the power of the industrial complex > which controls congress and the state legislature. Having worked in > ecotoxicology for a while as a PhD student I called it bio-prostitution. > > > > I found it very funny, but not unexpected that Manchin and Tomblin who are > in the back pocket of the extractive industry in WV are both NOW calling > for inspections. You can bet that they already talked to the buddies and > said “hey look I’ve got to say this now, but you know I’ve got your back”. > > > > Anyway from what I know the letter would not do any good. It is congress > that has to say “before you can use this substance in the environment you > have to show it does no harm” the EPA does not have the money or the legal > right to do so, so the MSDS don’t have adequate information to protect the > public or the environment. > > > > Phil > > > > *From:* Paul Wilson [mailto:pjgrunt@gmail.com] > *Sent:* Tuesday, January 21, 2014 11:47 AM > *To:* Gary Nelson; Gwen Jones; Yarnell, Karen > *Subject:* Fwd: WV water situation - response requested > > > > Thought you guys might be interested in signing on to this letter from WV > scientists and health Professionals. best, paul > > ---------- Forwarded message ---------- > From: *Danielle Fox* <DFox(a)ucsusa.org> > Date: Tue, Jan 21, 2014 at 11:15 AM > Subject: WV water situation - response requested > To: "pjgrunt(a)gmail.com" <pjgrunt(a)gmail.com> > > Dear Mr. Wilson, > > I'm writing to see if you would be willing to sign on to a letter from > scientists and health professionals regarding the current water crisis > after the Elk River chemical spill. I have a PDF here the letter for your > review: > http://www.ucsusa.org/assets/documents/center-for-science-and-democracy/let…. > > To say the least, there has been significant confusion and often > contradictory information regarding the safety of the water supply. Part of > the problem is that the EPA, CDC, and other government agencies have failed > to make scientific experts available to the public and the press to share > what is known and what is not known about the chemical that leaked into the > river. My colleague Gretchen Goldman has a blog post that details some of > the concerns we have: > http://blog.ucsusa.org/is-the-water-safe-the-west-virginia-chemical-spill-a… > . > > This ongoing situation allows us to demonstrate to federal officials that > their decisions limiting the ability of government scientists to share > their expertise with the public have significant real world consequences. > After we send the letter to EPA and CDC officials and make it public, we > will use it in follow-up meetings with agency staff. > > It would be helpful if you could respond to this message by tomorrow > evening so that we may get the letter ready this week. When you respond, > assuming you are willing to sign the letter, please let me know how you > would like to be listed: > > FULL NAME: > > TITLE, IF APPLICABLE: > > DEPARTMENT, IF APPLICABLE: > > INSTITUTION (for identification purposes only): > > CITY: > > ZIP CODE: > > FIELD OF STUDY: > > HIGHEST DEGREE ACHIEVED: > > Also, please feel free to send this letter on to colleagues. The letter is > open for signature by scientists and health professionals with or working > towards advanced degrees in their fields who live or work in West Virginia. > > I look forward to hearing back from you, and am happy to answer any > questions you might have. > > Best, > > Danielle Fox > > > -- Paul Wilson Sierra Club 504 Jefferson Ave Charles Town, WV 25414-1130 Phone: 304-725-4360 Cell: 304-279-1361 "There is no forward until you have gone back" ~Buddha "In all things of nature there is something of the marvelous" ~ Aristotle

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ideas for speakers for Sierrafest
by Sally Wilts 22 Jan '14

22 Jan '14

The committee working to organize Sierrafest for Sept 19-21st this year welcomes your ideas for possible speakers for the weekend. The tentative list we have generated includes: Bill McKibben Josh Fox Ben Stout Bill Hughes Maya Nye Sandra Fallon political candidate(s) Micheal Mann Thanks! Sally Wilts

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AST Side-By-side
by James Kotcon 20 Jan '14

20 Jan '14

Attached is my initial review of Sen. Unger's Water Resources Protection Act Amendments (SB 373) versus Governor Tomblin's AST bill. As I read the list of exemptions in Tomblin's bill, I have to wonder how many tanks would be covered (sounds like this is a very limited universe). While Tomblin's bill requires a comprehensive spill Response Plan and includes source protection and prevention plans, it also has broad, but nebulous language to protect confidential business information. Unger's bill (SB 373) applies to all tanks (over 1100 gal) , period, but is silent on several aspects covered in Tomblin's bill. Jim Kotcon ________________________________ From: Vivian Stockman <vivian(a)ohvec.org> Sent: Monday, January 20, 2014 9:18 PM To: 'Paula Swearengin'; 'Jen Osha' Cc: 'Bill Price'; 'Danny Ray Cook'; 'Angie Rosser'; 'Robert L. Malin'; 'Dustin White'; 'DONNA BRANHAM'; 'Carey Jo Grace'; 'Karan Ireland'; 'Matt Sherman'; James Kotcon; 'Robin Blakeman'; 'michael morrison'; 'Chuck Nelson'; 'MAYA NYE'; 'Kat Wallace'; 'Parson Brown'; 'Daniel Chiotos'; 'Maria Gunnoe' Subject: legislative note For Tuesday, January 21, we need turn out in Senate Judiciary room (west Wing, second floor) about noon-ish (after the floor session) as the Senate Natural Resources committee meets to discuss Senate Bill 373, a Comprehensive Water Regulatory Bill. This is Senator Unger's (D-Berkley; majority leader) bill. Sen. Brooks McCabe (D-Kanawha) is wanting to change the bill, reportedly. McCabe wants to split is up, but Unger want to keep it as it, as do our peeps. Come out if you can. From

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FW: Gov's bill
by James Kotcon 20 Jan '14

20 Jan '14

In case it did not come through the first time. JBK ________________________________ From: Angie Rosser <arosser(a)wvrivers.org> Sent: Monday, January 20, 2014 5:35 PM To: Angie Rosser; Brent Walls; Cindy Rank; Dianne Bady; Don Garvin; Emily Russell; Evan Hansen; Helen Gibbins; James Kotcon; James Van Gundy; Kathleen Tyner; Margaret Janes Subject: Gov's bill Attached FYI Angie Rosser Executive Director West Virginia Rivers Coalition 304-637-7201 www.wvrivers.org<http://www.wvrivers.org>

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Re: [EC] Gov's bill
by James Kotcon 20 Jan '14

20 Jan '14

I counted no less that 20 exemptions, loopholes, and caveats, including plenty of blanket exemptions for many coal and gas facilities. And plenty of language to let DEP cover up "Confidential Business Information" (AKA "Dirty Secrets"). There may be some useful policy approaches in here, but it starts out on bad turf and the legislative findings are all about how important industry is for the economy. Let's insist that it is DOA. JBK ________________________________ From: Angie Rosser <arosser(a)wvrivers.org> Sent: Monday, January 20, 2014 5:35 PM To: Angie Rosser; Brent Walls; Cindy Rank; Dianne Bady; Don Garvin; Emily Russell; Evan Hansen; Helen Gibbins; James Kotcon; James Van Gundy; Kathleen Tyner; Margaret Janes Subject: Gov's bill Attached FYI Angie Rosser Executive Director West Virginia Rivers Coalition 304-637-7201 www.wvrivers.org<http://www.wvrivers.org>

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US to begin exporting 'fracked' gas
by Beth Little 20 Jan '14

20 Jan '14

So much for cheap gas and energy independence http://www.bbc.co.uk/news/science-environment-23317370

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WVU Law National Energy Conference 2014
by Jonathan Rosenbaum 17 Jan '14

17 Jan '14

This may be an interesting conference to attend at WVU on February 24. Free registration: http://energy.law.wvu.edu/energy-conference-2014 -Jonathan

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Water Vigil in Charleston, Jan. 21
by James Kotcon 17 Jan '14

17 Jan '14

In case you have not seen it, here are the details as of late last night. More planning is happening by the minute, but just do it. Jim Kotcon ________________________________ From: Bill Price <bill.price(a)sierraclub.org> Sent: Thursday, January 16, 2014 5:46 PM https://www.facebook.com/events/1441712489379104/ Bill Price, Organizing Representative Sierra Club Environmental Justice Program Beyond Coal to Clean Energy Campaign Phone: 304-389-8822 (Cell) Email: bill.price(a)sierraclub.org<mailto:bill.price@sierraclub.org>

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Jon Stewart on the Elk River spill
by James Kotcon 14 Jan '14

14 Jan '14

Another black eye for West Virginia, but for those on the ground who appreciate gallows humor, here's the latest. Jim Kotcon http://www.thewrap.com/jon-stewart-west-virginia-spill-building-chemical-ta…

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FW: Solar arrives! MN Judge finds solar PV electricity cheaper than natural gas (without subsidies)!!
by James Kotcon 09 Jan '14

09 Jan '14

Woo Hoo! Jim Kotcon ---------- Forwarded message ---------- From: Bradley Stark <bradley.stark(a)gmail.com<mailto:bradley.stark@gmail.com>> Date: Wed, Jan 8, 2014 at 2:17 PM Subject: [GW-ACT-LEADERS] Solar arrives! MN Judge finds solar PV electricity cheaper than natural gas (without subsidies)!! To: CONS-SPST-GLOBALWARM-CHAIRS(a)lists.sierraclub.org<mailto:CONS-SPST-GLOBALWARM-CHAIRS@lists.sierraclub.org> Solar opinion with highlights attached. This opinion stands for the proposition that peaker plants are cheaper when solar than natural gas which are more for intermediate needs. Opinion makes a very good point. As demand may fluctuate with demographic changes, solar is the quickest and most scalable energy resource. The opinion also notes that a consideration is that for peaker plants during summer generate less power and with uncertain demand projections (back up) needs, solar makes more sense than building a natural gas plant that remains idle for periods when no peak demand and recognizes the advantages of distributed power. * Article by: DAVID SHAFFER<http://www.startribune.com/bios/10645931.html> , Star Tribune * Updated: January 2, 2014 - 11:51 AM A judge’s ruling notably said the renewable energy proposal would be a better deal for ratepayers. Minnesota soon could see at least a sevenfold expansion of solar power. In an unprecedented ruling, a judge reviewing whether Xcel Energy<http://www.startribune.com/topics/entities/xcel-energy.html>should invest in new natural gas generators vs. large solar power arrays concluded Tuesday that solar is a better deal. If the finding by Administrative Law Judge Eric Lipman is upheld by the state Public Utilities Commission (PUC), Edina<http://www.startribune.com/topics/places/edina.html>-based Geronimo Energy plans to build about 20 large solar power arrays on sites across Xcel’s service area at a cost of $250 million. “It says solar is coming in a big way to the country and to Minnesota,” Geronimo Vice President Betsy Engelking said of the ruling. Geronimo’s Aurora Solar Project would receive no state or utility subsidies, but would qualify for a federal investment tax credit. Engleking said it is the first time in the United States that solar energy without a state subsidy has beaten natural gas in an official, head-to-head price comparison. “The cost of solar has come down much faster than anyone had anticipated,” she said in an interview. “This is one of the reasons solar is going to explode.” The largest of the Geronimo projects would be five times bigger than the state’s largest solar array in Slayton, Minn. Some would cover up to 70 acres of land. The proposed sites are in 17 counties, mostly in central, eastern and southeastern Minnesota. It is the first time the state has used a competitive bidding process for a major power generation project. The commission ordered the trial-like proceeding to force energy companies to compete on price. Xcel, based in Minneapolis<http://www.startribune.com/topics/places/minneapolis.html>, and three other energy companies offered various proposals, mostly generators powered by natural gas. Xcel’s plan included a new gas generator at its Black Dog plant in Burnsville<http://www.startribune.com/topics/places/burnsville.html>, where the utility intends to retire the remaining coal-burning units. In a 50-page ruling, Lipman said “the greatest value to Minnesota and Xcel’s ratepayers is drawn from selecting Geronimo’s solar energy proposal …” If the Aurora project is built, Xcel likely would purchase the power under a long-term agreement. That could help Xcel toward its requirement to get 1.5 percent of its power from the sun by 2020 under a new state energy law. Xcel also is counting on rooftop solar systems, community-owned arrays and its own large projects to meet that goal. Lipman said that if solar alone can’t supply all of Xcel’s extra power needs in the next few years, the utility could take up an offer to purchase surplus energy from Great River Energy, the state’s second-largest power company. The judge also said Xcel will have time to consider other generation projects if electrical demand picks up. Xcel said in a statement that it appreciated Lipman’s work, but that it disagreed with some of the findings and would file a written response. Under the PUC’s rules, the competitors and other interests can take exception to the judge’s ruling before the five-member commission takes a vote. Geronimo already does business with Xcel, selling the output of its Prairie Rose Wind Farm in Rock County, in far southwestern Minnesota. Two of four planned wind farms that Xcel will add in the next two years — near Windom, Minn., and near Jamestown, N.D. — are being built by Geronimo. The company has built two smaller wind farms in southeastern Minnesota and is about to construct two more wind farms in Michigan and Nebraska for other utilities. Other competitors The other competitors considered by the judge were Houston-based Calpine, which proposed a gas turbine in Mankato at its existing power plant there and Chicago-based Invenergy, which proposed gas turbines at Cannon Falls and Hampton. Xcel also proposed two gas units near Hankinson, N.D. “We are reviewing the [judge’s] recommendations, and will evaluate our next steps in the docketed proceeding,” Craig Gordon, Invenergy vice president of sales and marketing, said in an e-mail Tuesday. If the Aurora Project is approved, Geronimo said the solar arrays would be built in 2015 and 2016. Engelking said that Geronimo already has signed deals for land and that it has identified more sites than needed in case some don’t work out. Each of the ground-mounted arrays would be next to an existing substation, avoiding transmission-line costs. She said the company still needs state or local permits. But the company has visited with local governments and has pledged to make payments in lieu of taxes ranging from $50,000 to $110,000 a year. Geronimo, a renewable energy developer, doesn’t intend to own the projects, she said. Its financing partner, Enel Green Power, has the first option to acquire them, she said. But it’s possible Geronimo could make a deal to sell the arrays to Xcel or other energy companies, she said. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To unsubscribe from the CONS-SPST-GLOBALWARM-CHAIRS list, send any message to: CONS-SPST-GLOBALWARM-CHAIRS-signoff-request(a)LISTS.SIERRACLUB.ORG<mailto:CONS-SPST-GLOBALWARM-CHAIRS-signoff-request@LISTS.SIERRACLUB.ORG> Check out our Listserv Lists support site for more information: http://www.sierraclub.org/lists/faq.asp

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