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RADIOACTIVE Oil & Gas Waste Exemption History

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In Justin Nobel’s new book, PETROLEUM-238: Big Oil’s Dangerous Secret and the Grassroots Fight to Stop It, he makes multiple references to the exemption provided for radioactive drilling and fracking waste, due to the Bentsen and Bevill Waste Amendments.

PENNSYLVANIA’S MARCELLUS SHALE
Maximum radium level (Ra-226+Ra228) and average radium level in oilfield brine for the Marcellus Formation in Pennsylvania:

Maximum: 28,500 pCi/L
Average: 9,330 pCi/L
Source: Technologically Enhanced Naturally Occurring Radioactivity Materials (TENORM) Study Report (Pennsylvania Department of Environmental Protection, 2016).

Below are the details about these ‘special waste’ exemptions:

The federal program to manage hazardous waste was established in 1976 by the Resource Conservation and Recovery Act (RCRA)

RCRA is the primary federal law governing the management of solid and hazardous waste. Enacted in 1976, RCRA recodified and amended the Solid Waste Disposal Act of 1965.

Sometimes referred to by the names of their sponsors, Representative Thomas Bevill and Senator Lloyd Bentsen, the amendments exclude specific large-volume industrial solid waste from Subtitle C, as follows:

The Bevill Amendment — Fly ash waste, bottom ash waste, slag waste, and flue gas emission control waste generated primarily from the combustion of coal or other fossil fuels; solid waste from the extraction, beneficiation, and processing of ores and minerals, including phosphate rock and overburden from the mining of uranium ore; and cement kiln dust (42 U.S.C. §6921(b)(3)(A)(i)-(iii)).

Thomas Bevill was an American attorney, politician, and Democratic 15-term U.S. congressman, who represented Alabama’s 4th Congressional District and 7th Congressional District from 1967 to 1997.

The Bentsen Amendment — Drilling fluids, produced waters, and other wastes associated with the exploration, development, and production of crude oil or natural gas or geothermal energy (42 U.S.C. §6921(b)(2)(A)).

Lloyd Bentsen Jr. was an American politician who was a 4-term U.S. Senator (1971–1993) from Texas.

Special Wastes History

(Excerpts below are focused on Oil & Gas waste)

When EPA proposed regulations for managing hazardous waste under Subtitle C of Resource Conservation and Recovery Act (RCRA) on December 18, 1978 (43 FR 58946), the agency deferred hazardous waste requirements for six categories of waste—which EPA termed “special wastes”—until further study and assessment could be completed to determine their risk to human health and the environment. These wastes typically are generated in large volumes and, at the time, were believed to possess less risk to human health and the environment than the wastes being identified for regulation as hazardous waste.

Exempted “Special Wastes”

On October 12, 1980, Congress enacted the Solid Waste Disposal Act Amendments of 1980 (Public Law 96-482), which included the Bentsen and Bevill Amendments (sections 3001(b)(2)(A) and 3001(b)(3)(A)) These new sections exempted “special wastes” from regulation under Subtitle C of RCRA until further study and assessment of risk could be performed. Specifically, the Bentsen Amendment (section 3001(b)(2)(A)) exempted drilling fluids, produced waters, and other wastes associated with the exploration, development, and production of crude oil or natural gas or geothermal energy. The Bevill Amendment (section 3001(b)(3)(A)) exempted fossil fuel combustion waste; waste from the extraction, beneficiation, and processing of ores and minerals (including phosphate rock and overburden from uranium ore mining); and cement kiln dust.

The Bevill and Bentsen Amendments also required EPA to complete full assessments of each exempted waste and submit a formal report to Congress on its findings. Section 8002 explicitly identified the requirements for each special waste study and established deadlines for submission of the final reports. After completion of each respective “Report to Congress”, EPA was then required to make a final regulatory determination within six months as to whether the special waste in question warranted regulation as a hazardous waste under Subtitle C of RCRA.

The EPA submitted Reports to Congress and issued final regulatory determinations for each of the special wastes. For more information on each of the special wastes and links to their regulatory timelines, check out the next section.

Crude Oil and Natural Gas Waste

Certain wastes from the exploration and production of oil, natural gas, and geothermal energy are excluded from hazardous waste regulations under Subtitle C of RCRA. These wastes include those that have been brought to the surface during oil and gas exploration and production operations, and other wastes that have come into contact with the oil and gas production stream (e.g., materials used to process natural gas).

Management of Oil and Gas Exploration and Production Waste

Wastes generated from crude oil and natural gas exploration and production are generally subject to regulation under Subtitle D of the Resource Conservation and Recovery Act (RCRA) and state regulations, and many state governments have specific regulations and guidance for exploration and production wastes. In addition, some states are developing legislation and regulations in response to the increase in the use of hydraulic fracturing, including requirements related to waste management.

As the use of hydraulic fracturing has increased, so too have concerns about potential impacts on public health and the environment, including potential impacts arising from improper management of wastes from exploration and production activities. Proper waste management is important for all exploration and production wastes, including those that are associated with hydraulic fracturing activities.

Management of Oil and Gas Wastes – 2019 Review

Section 2002(b) of RCRA requires every regulation promulgated under the Act to be reviewed and, where necessary, revised not less frequently than every three years. On May 4, 2016, the Environmental Integrity Project and others filed a lawsuit with the U.S. District Court for the District of Columbia that alleged EPA had failed to perform its non-discretionary duty under Section 2002(b) to evaluate the federal Subtitle D solid waste regulatory requirements for the management of wastes associated with exploration, development and production wastes from crude oil, natural gas and geothermal energy (oil and gas) activities.

In response, EPA entered into a consent decree to conduct a review and determine whether revisions to the federal solid waste management regulations are necessary. To support this effort, EPA conducted an extensive literature review of government, industry and academic sources to supplement the information available from previous Agency actions. This review, to determine whether changes to the federal solid waste regulations are necessary, evaluated factors such as waste characteristics, management practices, damage cases and the coverage of state programs.

Based on the information gathered for this review, EPA concludes that revisions to the federal regulations for the management of exploration, development and production wastes of crude oil, natural gas and geothermal energy under Subtitle D of RCRA (title 40 of the Code of Federal Regulations in Part 257) are not necessary at this time. Additional information comprising EPA’s review and decision is contained in the document entitled, Management of Oil and Gas Exploration, Development and Production Wastes: Factors Informing a Decision on the Need for Regulatory Action. EPA will continue to work with states and other organizations to identify areas for continued improvement and to address emerging issues to ensure that exploration, development and production wastes continue to be managed in a manner that is protective of human health and the environment. Learn more about EPA’s collaboration with the State Review of Oil and Natural Gas Environmental Regulations.

Wastes Associated with Hydraulic Fracturing

Natural gas plays a key role in our nation’s clean energy future. The United States has vast reserves of natural gas that are commercially viable as a result of advances in horizontal drilling and hydraulic fracturing technologies enabling greater access to gas in shale formations. Responsible development of America’s shale gas resources offers important economic, energy security, and environmental benefits.

Oil and gas exploration and production well installation operations typically comprise three stages:

Well Drilling and Completion Stage
Wastes Produced:
- Drilling Fluids (drilling muds)
- Cuttings
- Produced Water

Well Stimulation Stage (hydraulic fracturing)
Wastes Produced:
- Fracturing Fluid Returns
- Produced Water

Well Production Stage
Wastes Produced:
- Produced Water

During hydraulic fracturing specially engineered fluids containing chemical additives and proppant (eg., sand) are pumped under high pressure into a well to create and hold open fractures within the geologic formation. Hydraulic fracturing is often performed in stages, and following each stage, some fluids return to the surface as fracturing fluid returns (‘flowback’).

It is important to note that the use of horizontal drilling in conjunction with hydraulic fracturing can often result in large volumes of flowback, a key attribute distinguishing wastes generated during hydraulic fracturing in unconventional reservoirs from wastes generated during other types of exploration and production activities. For example, larger volumes of flowback require larger on-site storage capacity, either using land-based units (pits) or tanks.

State Regulations for Management of Wastes from Oil and Gas and Exploration and Production Activities

While many exploration and production wastes are exempt from regulation as hazardous waste under Subtitle C of RCRA, these wastes are generally subject to non-hazardous waste regulation under RCRA Subtitle D and applicable state regulations. Many state governments have specific regulations and guidance for exploration and production wastes.

Over the last several years, many states have been developing and updating legislation and regulations in light of the increase in the use of hydraulic fracturing, including requirements related to waste management. Exploration and production activity occurring on federal lands is regulated under the jurisdiction of the Department of Interior’s Bureau of Land Management (BLM), subject to BLM regulations and guidance. EPA strongly believes that the management of exploration and production wastes should occur in a manner that prevents releases of hazardous constituents to the environment, particularly releases that may impact groundwater and surface water resources.

EPA reviewed the waste-related provisions of state regulations as of March 2014, for oil and natural gas waste pits and storage tanks for 26 of 33 gas producing states (ie., states with the most significant shale gas activity). The review examined only the state statutes and regulations and did not include a review of permitting decisions, compliance monitoring, or enforcement actions. EPA consulted the following sources:

State Regulations and Statutes
State Review of Oil and Natural Gas Environmental Regulations (STRONGER) Board state reviews
2009 Department of Energy (DOE) Report: State Regulations Designed to Protect Water Resources

In addition, EPA staff contacted each of the 26 reviewed states’ primary regulatory agencies to verify cited regulations and ensure recent and ongoing updates to regulations were reflected in the review.

Summary:

All 26 reviewed states have oil and gas regulations.
State regulations vary greatly in scope and detail.
Regulatory programs can include regulatory parameters such as liner requirements, clear definitions of waste fluids and characterization requirements, operational controls, maintenance, closure, and financial assurance requirements.
Several areas do not appear to have specific requirements; for example, groundwater monitoring, air monitoring, or post closure monitoring.
Numerous states have recently updated regulations to include disclosure requirements for the chemicals used in the practice of hydraulic fracturing.

State regulations continue to evolve as hydraulic fracturing issues become more prevalent and additional information becomes available. Below are individual state summaries and a link to a resource for state regulatory programs.

State exploration and production regulation summary

state_summaries_040114 Download

Appendix PA-2

Summary of Oil and Natural Gas Regulations Related to Waste Pits at Hydraulic Fracturing Sites

Pennsylvania

Regulation concerning technical requirements for oil field waste pits are found primarily in Pennsylvania Code, Title 25 (Environmental Protection), Part 1 (Department of Environmental Protection), Subpart C (Protection of Natural Resources), Article I (Land Resources), Chapter 78 (Oil and Gas Wells) and Chapter 91 (General Provisions). Additional language can be found in the PA Act 13 of 2012.

• PA Act 13 of 2012 §3215 prevents wells from being sited in any floodplain if the well is to employ a pit or impoundment or a tank managing solid wastes from oil and gas exploration and production

• PA Act 13 of 2012 §3216 requires that a well site be restored following cessation of drilling operations. This includes restoration of the earthwork or soil disturbed, removal of all drilling supplies and equipment within 9 months after the completion of the drilling well, and compliance with all applicable requirements of the Clean Streams Law. The restoration period is subject to an extension if certain conditions are met.

• § 78.56 details requirements for pits and tanks that are used to manage wastes temporarily. Some requirements include a minimum of 2’ of freeboard for pits or impoundments, structural soundness of pits and tanks, minimum liner requirements, and waste separations and prohibitions.

• § 78.57 details requirements for management of production fluids, including collection of brine and other fluids from the well operations, requirements for pits, removal and disposal of fluids, and restoration of the waste management units or facilities following the closure or cessation of operations.

• § 78.61 details the requirements for disposal of drill cutting, including criteria to be met to allow disposal in a pit, criteria to be met to allow disposal by land application, other methods of disposal of drill cuttings, and compliance requirements for disposal.

• § 78.64 details secondary containment criteria to be met for tanks used on drill sites, including required capacity and inspection requirements.

• § 78.65 details site restoration requirements following the cessation of operations at a well site.

• § 78.301-314 details financial assurance requirements for oil and gas exploration and development, including specific bonding requirements.

• Pennsylvania has proposed regulatory changes to Chapter 78 of the Pennsylvania Administrative Code, Title 25. The public comment period closed in mid-March, 2014. There is currently no schedule to finalization of the proposed regulatory changes.

Voluntary Management Practices for Oil and Gas Exploration and Production Wastes

In concert with the application of state regulatory requirements, there are a variety of voluntary management practice guidance (often referred to in industry as “Best Management Practices,” or “BMPs”) for operators to evaluate and use in the development of site-specific exploration and production waste management plans.

EPA strongly urges operators to evaluate and, as appropriate, employ practices best suited to prevent releases during the generation and management of exploration and production wastes including wastes from hydraulic fracturing. EPA agrees with the statement from the Bureau of Land Management that voluntary management guidance for oil and gas exploration and production wastes should be matched and adapted to meet the site-specific requirements of the project and local environment. Operators should also integrate source reduction and recycling measures into their operations, where practicable.

EPA conducted a literature review/internet search and developed a list of more than 80 publicly available sources of voluntary management practices for oil and gas exploration and production wastes as they relate to pits, tanks, and land application/disposal. From this list, EPA focused on fourteen key documents/websites that are widely used and developed summaries of the pit, tank, and land application-related management practices contained in the fourteen selected sources.

There is much existing guidance developed and being used by industry, federal, state, and non-governmental organizations. The scope ranges from local to state, regional, national, and international. The guidance documents/websites compiled in this review are readily available to the public. In addition, there are ongoing efforts by the various groups to continuously develop additional guidance and improve existing ones.

The report contains six sections:

introduction
methodology
list of publicly available sources of voluntary management practices for oil and gas exploration and production wastes as they relate to pits, tanks, and land application/disposal
list of selected guidance documents/websites for further analysis
summaries of the relevant practices in the selected guidance
our findings

The summaries in Section five contain the following information for each document: sponsoring organization, document/website title, date of publication, website location, general description, and excerpts of the specific sections that concern pits, tanks, and/or land application.

Compilation of Publicly Available Sources or Voluntary Management Practices for Oil and Gas Exploration & Production Wastes as They Address, Pits, Tanks, and Land Application

og_ep_vol_wste_mgt_prctcs_compilation_040114 Download

Legislative and Regulatory Timeline for Crude Oil and Natural Gas Waste

This timeline walks through the history of crude oil and natural gas waste regulation since 1976 and includes information such as regulations, proposals, notices, amendments, reports and meetings and site visits conducted.

Date(s)	Action or Event	Notes on Significance to Crude Oil and Natural Gas Wastes
10/21/1976	Enactment of Resource Conservation and Recovery Act (RCRA) (117 pp, 662 K, About PDF)
12/18/1978	EPA proposes first set of hazardous waste management standards (PDF) (volume 43 of the Federal Register (FR) starting on page 58945) (248 pp, 63 MB, About PDF)	Oil and gas drilling muds and oil production brines are proposed to be designated as one of the six “special wastes”, which are exempt from RCRA Subtitle C regulations
10/12/1980	Solid Waste Disposal Act Amendments enacted (26 pp, 4.58 MB, About PDF)	Bentsen amendment added: temporarily exempts crude oil and gas waste from hazardous waste regulation until further study is completed
10/31/1983	EPA misses the statutory deadline for submitting crude oil and gas waste report to Congress
04/1987	Deadline for submission is extended to 12/1987
12/1987	EPA submits a three-volume report to Congress	Covers Management of Waste form the Exploration, Development, and Production of Crude Oil, Natural Gas, and Geothermal Energy
07/06/1988	EPA issues its Regulatory Determination for Oil, Gas, and Geothermal Exploration, Development and Production Wastes	EPA believes that regulation of oil and gas exploration and production wastes under RCRA Subtitle C is not warranted
03/22/1993	EPA issues Clarification of the Regulatory Determination for Wastes from the Exploration, Development and Production of Crude Oil, Natural Gas and Geothermal Energy
10/2002	EPA issues the publication, Exemption of Oil and Gas Exploration and Production Wastes from Federal Hazardous Waste Regulations
12/2008	EPA clarifies the regulatory status of spent oil shale generated by above ground retorting or heating of oil shale
04/2019	EPA determines that revisions to the federal regulations for the management of wastes associated with the exploration, development and production of crude oil, natural gas and geothermal energy under Subtitle D of RCRA (title 40 of the Code of Federal Regulations in Part 257) are not necessary at this time. This determination fulfills EPA’s obligation under a consent decree issued by a federal court in December of 2016.

Background on and Implementation of the Bevill and Bentsen Exclusions in the Resource Conservation and Recovery Act: EPA Authorities to Regulate “Special Wastes” (R43149)

August 6, 2013 (14-page PDF)

r43149 Download

(Excerpts)

Existing EPA Authority to Regulate Bevill-Bentsen Waste

Existing EPA Authority to Regulate Bevill-Bentsen Waste Two categories of Bevill-Bentsen wastes that have recently drawn national attention include wastewater generated from natural gas production that involves hydraulic fracturing and coal combustion waste (CCW) generated at coal-fired power plants (e.g., “coal ash”). That attention has been due, in part, to changes in the volume or nature of the waste or as a result of risks to human health and the environment associated with improper management of the waste.

The potential for EPA to regulate spent fracking fluid, CCW, or any other Bevill-Bentsen wastes has drawn the attention of some Members of Congress, generally for two opposing reasons: (1) given its current authority under RCRA, EPA may not be able to regulate the waste adequately to address risks associated with its disposal; or (2) given existing state and other federal requirements applicable to the management of the waste, EPA will subject the waste to unnecessary requirements that are costly and burdensome to states and to industry.

“Cradle-to-Grave” Management

RCRA does not identify which wastes are hazardous and therefore subject to Subtitle C regulation. Instead, Congress left that designation to EPA. However, in 1980 amendments to RCRA, several categories of high-volume industrial waste were statutorily excluded from Subtitle C requirements, pending further study by EPA. Commonly referred to as the Bevill and Bentsen amendments, those exclusions are for waste generated from the exploration and production of crude oil or natural gas (“Bentsen waste”), and cement kiln dust, mining and mineral processing waste, and waste from the combustion of coal and other fossil fuels at electric utilities and industrial facilities (“Bevill waste”).

A key reason Bevill-Bentsen wastes were excluded from Subtitle C was because they were generated in tremendous amounts, particularly when compared to other waste intended to be regulated under Subtitle C. That remains the case today. In 2011, all regulated hazardous waste was produced by a total of 16,447 industrial waste generators, and totaled 34.3 million tons. That year, there were 589 coal-fired power plants in the United States. According to industry estimates, such plants generated approximately 130 million tons of coal combustion waste (CCW, a Bevill waste). Other Bevill-Bentsen waste is generated in similarly large quantities.

RCRA Subtitle C Requirements and “Special Waste”

Regulations established under Subtitle C apply only to the management of solid waste identified as hazardous. Under Section 3001, EPA was required to promulgate criteria for identifying the characteristics of hazardous waste and for listing hazardous waste. In developing those criteria, EPA was required to take into account factors including “toxicity, persistence, and degradability in nature, potential for accumulation in tissue, and other related factors such as flammability, corrosiveness, and other hazardous characteristics.”

EPA stated that it had limited information about the waste. Information the agency did have indicated it “occurs in very large volumes, that the potential hazards posed by the waste are relatively low…

The Bevill and Bentsen Amendments to Subtitle C

If regulated or explicitly not regulated under Subtitle C, those concerns included the potential cost to industry, given uncertainties of risks associated with such wastes; conflicts with other federal law, such as wastewater treatment requirements being implemented under the Clean Water Act (CWA); and precedent that would be set by giving preferential treatment to certain industries to be exempt from strict Subtitle C requirements.

The Bentsen amendment added Subsection 3001(b)(2), which excludes “drilling fluids, produced waters, and other wastes associated with the exploration, development, and production of crude oil or natural gas or geothermal energy” from Subtitle C requirements.

Both CWA and SDWA requirements apply to the management of some Bevill-Bentsen waste. For example, CWA requires that discharges of pollutants to surface waters (e.g., wastewater discharges to a river, bay, or ocean) must be authorized by a permit issued under the National Pollutant Discharge Elimination System (NPDES) program. Wastewater discharges to publicly owned treatment works (POTWs) are also subject to NPDES permitting requirements. Also, the SDWA regulates subsurface injection of fluids, including wastewater, pursuant to regulations established under the Underground Injection Control (UIC) program.

Recent Attention on Bevill-Bentsen Waste

Since EPA determined that regulation under Subtitle C was not warranted, various stakeholders representing environmental, public health, and industry groups have disagreed over whether the exclusion results in risks to human health and the environment. Those stakeholders, as well as EPA and state regulatory agencies, have disagreed on a wide range of issues, including the level of risk posed by the waste; whether or not existing state or other federal requirements are adequate to address risks associated with the waste; the degree to which there are gaps in local or state regulation of the waste; and whether regulation under Subtitle C is an appropriate mechanism to manage the waste. In recent years, issues common to that debate have been raised with regard to two exclusions from Subtitle C—the Bentsen exclusion for waste generated from natural gas exploration and production (E&P waste), and the Bevill exclusion for CCW.

With regard to E&P waste, the recent increase in the use of hydraulic fracturing to extract natural gas from shale formations has resulted in a dramatic increase in the generation of associated wastewater. Neither the volume nor the nature of wastewater produced during shale gas extraction was considered by EPA in its 1988 regulatory determination for E&P waste. That is not to suggest that Subtitle C requirements necessarily provide the most appropriate mechanism to regulate such wastewater, but rather details specific to the waste as it is currently being produced were not considered when evaluating whether existing state or other federal requirements were adequate to protect human health and the environment from risks associated with managing the waste.

Various stakeholders representing industry, state regulatory agencies, public health, and environmental groups, to name a few, reacted strongly to EPA’s 2010 proposal to subject a Bevill waste to new RCRA requirements. Concerns raised by those stakeholders were also reflected in the reaction from some Members of Congress. For example, some Members expressed concern over the cost to industry and state regulatory agencies, as well as broader impacts to the economy, energy prices, or recycling opportunities. Others have expressed concern that, given the risk associated with improper management, Subtitle C provides EPA with the only available option to establish enforceable national standards to protect human health and the environment from risks associated with the waste. Similarly, EPA’s lack of authority to enforce any regulations it may establish under Subtitle D has led some Members to oppose any proposal to regulate only solid waste disposal facilities that may receive the waste. Other Members have also expressed concern that subjecting industry to regulation, under Subtitle C or D, could prove burdensome to industry by expanding actions potentially subject to citizen suits under RCRA.

EPA Authority Under RCRA Subtitle C

In the future, under its Subtitle C authority, EPA could reverse previous regulatory determinations and promulgate regulations for any Bentsen-Bevill waste. EPA authority to implement those regulations is different under the Bevill and Bentsen amendments. Pursuant to the Bentsen amendment, if EPA determines that Subtitle C regulations are necessary, any regulations the agency may promulgate must be submitted to Congress. Those regulations could take effect, however, only when authorized by an act of Congress.

EPA Authority Under RCRA Subtitle D

Solid waste that does not meet the regulatory definition of a hazardous waste, including solid waste that is explicitly deemed not a hazardous waste (e.g., Bevill-Bentsen waste), is regulated under RCRA Subtitle D.35 In contrast to Subtitle C requirements, Subtitle D regulates only the disposal of solid waste. It does not establish controls governing the transportation, storage, or treatment of such wastes prior to disposal. EPA could potentially draw from its Subtitle D authorities to establish requirements applicable to solid waste disposal facilities that receive a particular Bevill-Bentsen waste. Congress established state and local governments as the primary planning, regulating, and implementing entities responsible for managing solid waste. EPA’s authority to regulate solid waste under Subtitle D is limited.

As noted previously, for each Bevill-Bentsen waste, EPA identified hazardous constituents in the waste and conditions under which those constituents could find a pathway of exposure to humans at levels deemed unsafe. The agency could take an enforcement action under RCRA Section 7003 to require an individual facility to abate conditions that may present an imminent and substantial endangerment to human health or the environment resulting from the past or present handling, storage, treatment, transportation, or disposal of solid waste.

Other federal statutes authorize EPA to take similar enforcement actions to abate conditions that may present an imminent hazard to human health. The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) is the broadest of these authorities, and may address releases or threatened releases of hazardous substances, pollutants, or contaminants into the environment. Other examples include the CWA, which may address discharges of pollutants into U.S. waters, and the SDWA, which may address the threat of contaminants to public water systems or underground sources of drinking water.

Conclusion

As EPA collects more information on the risks associated with managing Bevill-Bentsen waste and the degree to which state regulatory programs control those risks, the agency may determine that national standards applicable to Bevill or Bentsen wastes are needed. Given the likely opposition to regulating the waste under Subtitle C or D, EPA may use certain other authorities as necessary to protect human health and the environment.

Title: Background on and Implementation of the Bevill and Bentsen Exclusions in the Resource Conservation and Recovery Act: EPA Authorities to Regulate “Special Wastes”

Report#: R43149

Author(s): Linda Luther

Date: August 06, 2013

42 U.S.C. 6921 – Identification and listing of hazardous waste

Title: United States Code, 2018 Edition, Supplement 4, Title 42 – THE PUBLIC HEALTH AND WELFARE

Category: Bills and Statutes

Collection: United States Code

Contained Within: Title 42 – THE PUBLIC HEALTH AND WELFARE
CHAPTER 82 – SOLID WASTE DISPOSAL
SUBCHAPTER III – HAZARDOUS WASTE MANAGEMENT
Sec. 6921 – Identification and listing of hazardous waste

Date: 2022

Laws In Effect As Of Date: January 5, 2023

SUBCHAPTER III—HAZARDOUS WASTE MANAGEMENT

§ 6921. Identification and listing of hazardous waste

(a) Criteria for identification or listing Not later than eighteen months after October 21, 1976, the Administrator shall, after notice and opportunity for public hearing, and after consultation with appropriate Federal and State agencies, develop and promulgate criteria for identifying the characteristics of hazardous waste, and for listing hazardous waste, which should be subject to the provisions of this subchapter, taking into account toxicity, persistence, and degradability in nature, potential for accumulation in tissue, and other related factors such as flammability, corrosiveness, and other hazardous characteristics. Such criteria shall be revised from time to time as may be appropriate…

42 U.S.C. 6921 – Identification and listing of hazardous waste (6-page PDF)

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May 20, 2024 5:00 AM

72 Pages of Permit-Related Notices in May 18 PA Bulletin

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DEP Posted 72 Pages of Permit-Related Notices in May 18, 2024 PA Bulletin

By David E. Hess | PA Environment Digest
May 17, 2024 | Full story

Highlights of the environmental and energy notices in the May 18 PA Bulletin—

Note: The Department of Environmental Protection published 72 pages of public notices related to proposed and final permit and approval/ disapproval actions in the May 18 PA Bulletin – pages 2623 to 2695.

Federal Drinking Water, Wastewater, Nonpoint Source & Pollution Abatement Plans

— The PA Infrastructure Investment Authority and DEP published notice in the May 18 PA Bulletin inviting comments on the FY 2024 Intended Use Plans For Federal Drinking Water, wastewater, Nonpoint Source and Pollution Abatement Plans. The deadline for comments is June 17. Click Here for copies of the Plans.

— The Department of Environmental Protection published notice in the May 18 PA Bulletin announcing it is extending the NPDES General Permit for Stormwater Discharges from Small Municipal Separate Storm Sewer Systems (PAG-13) until a new PAG-13 is reissued.

The notice also said no deadlines contained in the existing PAG-13 previously set to expire on March 15, 2025, including the date by which implementation of Pollutant Reduction Plans and Pollutant Control Measures must be achieved, are extended by this notice.

Beaver Area Nonattainment Area for Sulfur Dioxide Air Quality Standard

— The Department of Environmental Protection published notice in the May 18 PA Bulletin inviting comments on a proposed redesignation request and maintenance plan for the Beaver Area Nonattainment Area for Sulfur Dioxide Air Quality Standard showing the area can attain the standard. DEP has scheduled a hearing for June 18. Read more here.

— The Department of Environmental Protection published notice in the May 18 PA Bulletin inviting groups and individuals to submit technical data on water quality, instream habitat or biological information as part of stream redesignation evaluations in Berks, Bucks, Centre, Forest, Greene Huntingdon, Lancaster, Westmoreland counties. The deadline for submitting data is June 17. Read more here.

— The Department of Environmental Protection published notice in the May 18 PA Bulletin of changes to the list of companies certified to perform radon-related activities in Pennsylvania. (PA Bulletin, page 2691)

EHB Practices & Procedures

— The Environmental Hearing Board published notice in the May 18 PA Bulletin announcing the publication of final regulations making changes to its Practices and Procedures.

FISH & BOAT

— The Fish & Boat Commission published these notices in the May 18 PA Bulletin–

     — Final Additions, Revisions to List Of Wild Trout Streams

     — Proposed Additions to List of Wild Trout Streams

     — Proposed Additions to List of Class A Wild Trout Streams

Permit Appeals

— The Environmental Hearing Board published notice in the May 18 PA Bulletin announcing it will hold a hearing August 5 on the Liberty Township and CEASRA, Inc. v. Department of Environmental Protection and Tri-County Landfill (Mercer County), Permittee appeal to be held in Pittsburgh. [EHB Doc. No. 2023-036-L]

Permits

— The Department of Environmental Protection published notice in the May 18 PA Bulletin inviting comments on a revised Title V Air Quality Operating Permit including RACT II requirements for the Seward Generation, LLC coal waste power plant in East Wheatfield Twp., Indiana County. (PA Bulletin, page 2659) Read more here.

— The Department of Environmental Protection published notice in the May 18 PA Bulletin inviting comments on the renewal of a Title V Air Quality Permit with RACT III revisions for the Flexsys America, LP Monongahela Plant in Carroll Twp., Washington County. A public hearing is set for June 18. (PA Bulletin, page 2660) Read more here.

— The Department of Environmental Protection published notice in the May 18 PA Bulletin inviting comments on an individual NPDES Stormwater Permit for the GLC Newberry, LLC warehouse project on 122 acres impacting Fishing Creek in Newberry Twp., York County. (PA Bulletin, page 2652)

— The Department of Environmental Protection published notice in the May 18 PA Bulletin inviting comments on an individual NPDES Stormwater Permit for the Sandy Ridge Wind 2, LLC project on 1,221 acres impacting Sink Run, Vanscoyoc Run, Big Fill Run and Decker Run in Snyder, Rish and Taylor Townships, Blair County. (PA Bulletin, page 2652)

— The Department of Environmental Protection published notice in the May 18 PA Bulletin announcing a June 20 hearing on an individual Stormwater Permit for a 92.5 acre commercial development by I80-115 C-1 Site, LLC in Tunkhannock Twp., Monroe County. (PA Bulletin, page 2691) Read more here.

— The Department of Environmental Protection published notice in the May 18 PA Bulletin announcing the intent to deny an individual Stormwater Permit for the AAA State College Storage & Warehousing, LLC 146 residential unit and 73 commercial unit development in Benner Township, Centre County. (PA Bulletin, page 2691) Read more here.

Grants

— The Department of Environmental Protection published notice in the May 18 PA Bulletin announcing it is now accepting applications for Act 167 county Stormwater Management Plan preparation. The deadline to apply is August 30. Read more here.

— The PA Emergency Management Agency published notice in the May 18 PA Bulletin of 2024 guidance for the Disaster Recovery Assistance Program that provides disaster relief to individuals when other Federal, State, local, nongovernmental or private aid is not available to assist victims of disasters. Read more here.

Meetings

May 21– DCNR Snowmobile & ATV Advisory Committee meeting. Room 105 Rachel Carson Building. 10:30 a.m. Click Here for options to attend this meeting remotely. Contact: Jake Newton at (717) 783-3349 or janewton@pa.gov. (formal notice)

May 22– DCNR Conservation & Natural Resources Advisory Council meeting. Room 105 Rachel Carson Building. 10:00 a.m. Click Here to register to join the meeting online. Read more here on the agenda. (formal notice)

June 5– Rescheduled. DEP Board of Coal Mine Safety meeting. (formal notice)

June 6– DEP Board of Coal Mine Safety meeting. DEP Cambria Office, 286 Industrial Park Road, Ebensburg. 10:00 a.m. Visit the Board webpage for options to join the meeting remotely. Contact: Peggy Scheloske mscheloske@pa.gov. (formal notice)

PA Bulletin – May 18, 2024

[Posted: May 17, 2024]. PA Environment Digest

May 19, 2024 12:45 PM
PA Oil & Gas Industrial Facilities: Permit Notices

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PA Oil & Gas Industrial Facilities:

–Permit Notices
–Opportunities to Comment

May 18, 2024

By David E. Hess | PA Environment Digest
May 17, 2024 | Full story

The following DEP notices were published in the May 18 PA Bulletin related to oil and gas industry facilities. Many of the notices offer the opportunity for public comments.

Land Recycling/Brownfield Cleanups

— Repsol Oil & Gas USA, LLC: DEP received a Final Report on remediation of soil contaminated with production wastewater and diesel fuel to meet the Statewide Health Standards for a site located in McIntyre Twp., Lycoming County. (PA Bulletin, page 2680)

— Philadelphia Energy Solutions Refining & Marketing LLC – No.4 Separator Release: DEP received a Final Report on remediation of soil contaminated with petroleum to meet Statewide Health Standards for the site located at 3144 West Passyunk Ave. in Philadelphia. (PA Bulletin, page 2681)

— Coterra Energy, Inc. – Aldrich Shale Gas Well Pad: DEP approved a Final Report on remediation of soil contaminated with diesel fuels at the pad located in Gibson Twp, Susquehanna County. (PA Bulletin, page 2681)

— Philadelphia Energy Solutions Refining & Marketing, LLC – 869 Unit Cooling Townwer And Hartranft Street: DEP approved a Final report on remediation of soil contaminated with benzene, toluene, ethylbenzene, xylenes, cumene, 1,2,4- trimethylbenzene, 1,3,5-trimethylbenzene, anthracene, benzo(a)anthracene, benzo(a)pyrene benzo(b)fluoranthene, benzo(g,h,i)perylene, chrysene, fluorene, naphthalene, phenanthrene, and pyrene to meet the Statewide Health Standards for the site located at 3144 Passyunk Ave. in Philadelphia. (PA Bulletin, page 2682)

2024 Land Recycling/Brownfield Cleanups

So far in 2024, DEP received or acted on 122 Act 2 Land Recycling notices related to oil and gas facility site cleanups.

Waste Permits

— PennEnergy Resources, LLC – Ferree Shale Gas Well Pad Aboveground Storage Tank: DEP invites comments on a WMGR123 General Waste Permit for conventional and unconventional wastewater storage located in Middlesex Twp., Butler County. (PA Bulletin, page 2658)

— Highland Field Services, LLC – Norris Brook Tank Farm: DEP issued a WMGR163 General Waste Permit for the storage of liquid oil and gas wastewater for the facility located in Chatham Twp., Tioga County. (PA Bulletin, page 2683)

Air Quality Permits

— Texas Eastern Transmission LP – Gas Pipeline Compressor Station: DEP invites comments on a renewal of a State Only Air Quality Permit for a compressor station located in Bedford Twp., Bedford County. (PA Bulletin, page 2661)

— NFG Midstream Covington, LLC – Lawton Compressor Station: DEP issued an Air Quality Plan Approval covering multiple sources of air pollution at the facility located in Delmar Twp., Tioga County. (PA Bulletin, page 2683)

— Mainesburg GS, LP – Wells Compressor Station: DEP issued an Air Quality Plan Approval covering multiple sources of air pollution at the facility located in Sullivan Twp., Tioga County. (PA Bulletin, page 2683)

— Appalachia Midstream Services, LLC – Compressor Station/Dehydration Plant: DEP issued an Air Quality General Permit 5 for the facility located in Auburn Twp., Susquehanna County. (PA Bulletin, page 2684)

— Laurel Mountain Midstream Operating, LLC – Flare Replacement: DEP issued an Air Quality General Permit 5 for the facility located in South Huntingdon Twp., Westmoreland County. Susquehanna County. (PA Bulletin, page 2684)

— Range Resources Appalachia, LLC – Shale Gas Well Pad: DEP issued an Air Quality General Permit 5 covering multiple sources of air pollution at the facility located in Independence Twp., Beaver County. (PA Bulletin, page 2684)

— Calpine Mid-Merit, LLC – York Energy Center Gas-Fired Power Plant: DEP issued an Air Quality permit for the upgrade of the power plant located in Peach Bottom Twp., York County. (PA Bulletin, page 2684)

— Calpine Mid-Merit, LLC – York Energy Center Gas-Fired Power Plant: DEP issued an Air Quality permit with modifications for the power plant located in Peach Bottom Twp., York County. (PA Bulletin, page 2684)

— Energy Transfer Marketing & Terminals LP – Distribution Terminal: DEP renewed the State-Only Air Quality permit for the facility located in Allegheny Twp., Blair County. (PA Bulletin, page 2685)

Erosion & Sedimentation Permits

— Williams Field Services Co., LLC: DEP issued a Chapter 102 permit for the project impacting Beebe Creek and a tributary to Each Branch Wyalusing Creek in Bridgewater Twp., Susquehanna County. (PA Bulletin, page 2088)

— Hyperion Midstream, LLC – Leto Compressor Station: DEP issued a Chapter 102 permit for the project impacting Dawson Run located in West Deer Twp., Allegheny County. (PA Bulletin, page 2088)

— Range Resources Appalachia, LLC – Miller Ralph 18119 Well Site: DEP issued a Chapter 102 permit for the project impacting Raccoon Creek located in Independence Twp., Beaver County. (PA Bulletin, page 2088)

— Range Resources Appalachia, LLC – Norris Tank Pad: DEP issued a Chapter 102 permit for the project impacting Lardintown Run in Fawn Twp., Allegheny County. (PA Bulletin, page 2088)

Oil & Gas Well Drilling Permits [5.10.24]*

— Last Week – Permits: DEP issued 6 conventional and 2 unconventional

— Year To Date – Permits: DEP issued 75 conventional and 170 unconventional

— Year To Date – Wells Drilled: 52 conventional and 124 unconventional

*Weekly Workload Report – 5.10.24

*DEP’s Weekly Oil & Gas Program Workload Report – Most Recent

[Posted: May 17, 2024] PA Environment Digest

May 19, 2024 5:00 AM

DEP DEPpermits oilandgas PaBulletin Pennsylvania
UPDATED: Five EQT Sarah Wells – Full Act 14 Notice

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SARAH WELL PAD

Union Township, Washington County, PA

Act 14 Notice sent to neighboring municipalities:

Permit Application to Drill (46-page PDF)
Proposed Sarah 1H, 3H, 5H, 7H, 9H
Union Township, Washington County, Pennsylvania

eqt-correspondence Download

Map: Sarah 1H Unconventional Well Path
Top hole is on the well pad
Landing point is where the well lateral begins
Bottom hole is where well lateral ends
(Well lateral is approximately 2-miles long)

Earlier documents:

FLYER sent out prior to 3/9/2022 meeting:

OIL AND GAS TRANSMITTAL
Comments By Reviewing Geologist: Well is within 2000′ (feet) of a storage field. Please review the casing and cementing plan.

Plat shows Equitrans LP Finleyville Storage Boundary within 2,000 feet.

Equitrans L P
The Finleyville field, which contains the Fifth Sand reservoir, is found in Allegheny County, Pennsylvania. The Finleyville field is a Depleted Field and is Active as an underground natural gas storage facility. The base gas of the Fifth Sand reservoir is 344,000 MMcf/d. The working capacity for the reservoir is 456,000 MMcf/d. The field capacity is 800,000 MMcf/d with the maximum delivery of 38,000 MMcf/d.
Source: ArcGIS Hub Map – Equitrans L P

Hartson compressor station may be related to the gas storage field.

Underground Gas Storage Fields in Pennsylvania (2-page PDF)

underground_gas_storage_fields_in_pennsylvania Download

WELL LOCATION PLAT – SARAH 9H WELL (5-page PDF)

sarah-9h-marcellus-dep-combined-sealed-plat Download

Map: SARAH 9H Well Lateral

9/10/2021 – Pennsylvania Department of Conservation and Natural Resources (5-page PDF)

sarah-well-site-pndi-final-updated-9-10-21 Download

3/28/2022 – Pennsylvania Department of Conservation and Natural Resources (5-page PDF)

sarah-well-site-pndi-3-28-2022 Download

AFFIDAVIT – REQUEST FOR UNCONVENTIONAL WELL PERMIT RENEWAL (1-page PDF)

sarah-9h_renewal-affidavit10.26.2022 Download

May 18, 2024 8:45 AM

EQT SarahWellPad unconventionalwells UnionTownship WashingtonCounty
DISTRIBUTING Bandaids as ‘Shell Hell’ Remains

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PA DEP Advisory Board: $5 Million in Grants Support Mitigation Projects

–Related to Shell Petrochemical Plant Environmental Violations

–Shell Paid Penalties of $7.6M for its first 15 months of operations

By David E. Hess | PA Environment Digest Blog
May 15, 2024 | Full story

On May 15, the Shapiro Administration, through an advisory board at the Department of Environmental Protection made up of environmental and community advocates, has recommended funding 21 projects to benefit the environment, heath, and quality of life of the Beaver County community to mitigate the negative impacts of the Shell Petrochemical Plant’s environmental violations.

4K video – October 2021

Projects include upgrades to a community park in Monaca, renovating an emergency women’s shelter to support victims of domestic violence, a solar array on the News Tribune building in Beaver Falls that will help power a local museum, and projects to protect water quality in the Beaver area.

The Beaver County Environmental Mitigation Community Fund was created as part of a May 2023 consent order and agreement signed between DEP and Shell Chemical Appalachia LLC that resolved air quality violations at the Shell plant from October 2022 through April 2023. Read more here.

Under the agreement with Shell, the Shapiro Administration imposed an initial $4,935,023 penalty and Shell agreed to spend another $5 million for mitigation projects to benefit Pennsylvanians living in Beaver County. Read more here.

As stipulated in the May 2023 agreement, Shell paid another $2,671,004.75 in penalties for air quality violations that occurred from May 1, 2023 to the end of 2023 for a total penalty for air violations of $7,606,027.75 for the plant’s first 15 months of operations. Read more here.

May 29 Community Board Meeting

The Environmental Mitigation Community Fund advisory board will hold a community meeting to answer questions and close out the process on Wednesday, May 29, 2024, from 6:00 to 8:00 p.m. at Penn State Beaver’s Student Union Lodge at 100 University Drive, Monaca, PA 15061.

Applicants may also join virtual office hours for more private discussions on applications and additional funding opportunities in the county. Additional information and details will be posted on DEP’s community information webpage for the fund.

[Posted: May 15, 2024] PA Environment Digest

A Plastics Plant Promised Pennsylvania Prosperity, but to Some Residents It’s Become a ‘Shockingly Bad’ Neighbor

Shell’s new ethane cracker was supposed to be an economic “game changer” for Beaver County. But some of its neighbors are now fleeing its light, noise and air pollution–and the facility is facing two lawsuits.

By Kiley Bense | Inside Climate News
May 10, 2024 | Full story

In 2014, when Jackie Shock-Stewart and her husband Matt Stewart first moved to Beaver County, Pennsylvania, they were only vaguely aware of plans to build a petrochemical facility in this largely suburban county on the western edge of the state.

“They did a really good and effective job of making it seem like a positive for the community. It was very much marketed as a modern, clean industry.”
Jackie Shock-Stewart

Pollution from the plant has been far more disruptive than most people expected. In May 2023, Shell was fined $10 million for air quality violations. Though it had only been operational for about six months, the plant had exceeded its 12-month emission limits for volatile organic compounds (VOCs), carbon monoxide, nitrogen oxides and hazardous air pollutants.

Shock-Stewart reviewed map projections of the plant’s effects on air quality and saw that her children’s elementary school was “smack dab in the middle of an area of concern.”

The Shell plant was expected to emit carbon monoxide, nitrogen oxides, PM2.5 fine particles, sulfur dioxide, VOCs and hazardous air pollutants. Both sulfur dioxide and nitrogen oxide are associated with respiratory health effects like shortness of breath, asthma and wheezing, and nitrogen oxide has been shown to have a “more serious” impact on children than on adults.

Short-term exposure to a VOC like benzene, a known human carcinogen, can cause drowsiness, vomiting, convulsions and headaches; chronic exposure can lead to blood disorders and cancer. There are at least three elementary schools within a five-mile radius of the plant.

As she learned more, Shock-Stewart realized that she no longer felt comfortable living so close to the plant, and the couple decided to move to Ohio in 2022.

Behind the Scenes: How a Plastics Plant Has Plagued a Pennsylvania County

By Kiley Price | Inside Climate News
May 5, 2024 | Full story

From incessant noise to noxious odors, the Shell plastics plant has deeply impacted the residents of a western Pennsylvania county. Over the past few years, noxious chemicals, incessant noise and flashing lights in the middle of the night have plagued residents.

Advocacy groups and locals have filed lawsuits against Shell over these disruptions, and some decided to flee the county altogether. Researchers fear the long-term climate, health and environmental impacts of the petrochemical facility, which emits methane and millions of tons of carbon dioxide each year.

THE DRILLING TREADMILL
Providing feedstock to the Shell cracker plant will require extensive drilling and fracking of unconventional gas wells (that experience rapid production declines) in the western Pennsylvania tri-state area over future decades.

VIDEO: “Shale Promises, or Shale Spin? The Economics Behind Fracking”

Environmental justice activists with the Houston-based Fenceline Watch told me they also struggled to get real-time information from Shell about what was happening at the site. That includes during emergencies, which is something that those monitoring the Pennsylvania plant closely are worried could happen there, too.

Low well bonding rates lead to future problems.

Another thing I came across are the Google reviews of Shell Polymers Monaca, which have become a forum for residents to air their grievances about the plant. While some people offered support for the plant, most of the reviews were negative, and they echoed what I was hearing from the residents I interviewed.

May 17, 2024 8:00 AM

airpollution crackerplant DEP mitigation PaDEP ShellCracker
PA Water Source Contaminated by Oil Well Wastewater Spill

theenergyage
3 miles southwest of Oil City

The Derrick:

—Pennsylvania Water Source Contaminated by Conventional Oil Well Wastewater Spill

—PUC to Hold May 21 Prehearing on Future of Venango Water Company

By David E. Hess | PA Environment Digest Blog
May 14, 2024 | Full story

On May 14, 2024, The Derrick reported Administrative Law Judge Mark A. Hoyer has scheduled a May 21 prehearing telephone conference as part of the Public Utility Commission investigation into the future of the Venango Water Company.

The purpose of the prehearing is to establish a formal hearing schedule and discuss the next steps in determining whether the Commission should issue an order to have another public utility acquire the Venango Water Company.

This action continues the PUC’s response to the problems caused by the oil well spill that contaminated the Bellows Spring water supply last July, resulting in a “do not consume” advisory in the Village of Reno that lasted six weeks.

The PUC in August issued an emergency order to Aqua Pennsylvania to operate the Venango Water Company so clean water would continue to be provided to its customers.

The new PUC action was prompted by the desire of Randall and Kevin Rhodes, operators of the Venango Water Company for the Rhodes Estate, to cease being certified operators for their water companies.

The Estate also owns the Sugarcreek Water Company, West Hickory Water Company, Plumber Water Company, Fryburg Water Company, Cooperstown Water Company and the Blane E. Rhodes Sewer Company and their future may also be considered in the PUC case.

Images from the Titusville-Oil City Pennsylvania area

Only official parties to the proceeding can participate in this prehearing.

The parties include Randall Rhodes, the PUC Bureau of Investigation and Enforcement, the Office of Consumer Advocate (Attorney General), Office of Small Business Advocate, Aqua Pennsylvania (the present Venango Water Company operator) and Pennsylvania American Water (operator of water companies in the area).

The public can listen to the prehearing call. The conference begins at 10:00 a.m.

Instructions for joining the call can be found in the notice of the prehearing.

Section 529 Investigation of Venango Water Company (3-page PDF)

1826870 Download

Related Articles – Village of Reno Water Contamination:
- The Derrick: State Intervenes In Venango Water Case [Fallout Continues From Conventional Oil Well Wastewater Spill] [PaEN]
- The Derrick: Public Utility Commission Starts Investigation Into Possible Order For Another Utility To Permanently Acquire Venango Water Company Impacted By Conventional Oil Well Spill [PaEN]
- The Derrick: Aqua Pennsylvania Continues To Operate The Water System Serving The Village Of Reno After A Conventional Well Wastewater Release Contaminated Its Water Supply Last July In Venango County [PaEN]
- The Derrick: DEP: Little Headway In Reno Oil Well Wastewater Cleanup In Venango County [PaEN
- Petro Erie, Inc. Says It Lacks The Financial Ability To Comply With DEP’s Order To Clean Up Conventional Oil Well Wastewater That Contaminated The Village Of Reno’s Water Supply In Venango County; Will Taxpayers/Ratepayers Be Stuck With Cleanup Costs Again? [PaEN]
[Posted: May 14, 2024] PA Environment Digest
May 16, 2024 12:45 PM

conventionalwells oilwellspill VenangoCounty VillageofReno watercontamination
ILLEGAL Wastewater Dumping Continues in Pennsylvania

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Illegal PA Wastewater Dumping Continues Even on Mothers Day

—Conventional Oil & Gas Well Owners’ Campaign of Intimidation of Senate Witness

—Now Dumping Before it Rains, on Paved Roads

Images: Lindell Road in front of Lawson’s home May 8
Top center: Scranton Hollow Road May 8
Bottom center: Logan Road May 4
Map: Dumping area around Lawson’s home

By David E. Hess | PA Environment Digest Blog
May 14, 2024 | Full story

On Mothers Day, May 12, road dumping opponent Siri Lawson in Warren County said conventional oil and gas well owners left her another “present” — they dumped their wastewater on the road in front of her home in Farmington Township for the sixth time in the last six weeks.

Lawson testified before a Senate Committee on April 17 in opposition to the dumping of conventional wastewater on dirt and gravel roads and now it happens even on paved roads. Read more here.

“They brined me for the first time on the 4th of April. That made me decide I would testify, and then they brined me on the 15th,” said Lawson. “And then two days after the hearing on the 19th, and then on the 30th, and then on the [May] 8th and then on the [May] 12th [Mothers Day].”

Before April 4, Lawson said she did not have wastewater dumped on her road for more than six years after the Environmental Hearing Board case she brought a successful challenge to the DEP road dumping approval process in 2017-18. Read more here.

Lawson said the EHB hearing told the conventional industry what kind of physical reaction she has to conventional wastewater, especially when the dumping happens right in front of her house.

“It becomes increasingly hard to breathe. My heart goes crazy. There has been actual severe physical damage to my sinus and my lungs.”
Siri Lawson

My skin burns, my mouth burns, my eyes burn.

“These are specific reactions to oil and gas waste, and it’s painful. None of it is the usual allergy, sneezing and that stuff. This is painful,” said Lawson.

Historically, pre-2018, the industry and the townships had a rule of thumb, do not brine dirt roads from late fall to late spring because of soft road conditions and do not brine tar and chip ever. This targeted road dumping even violates that.

Lawson has been reporting all the dumping to DEP and providing photos that clearly show something was being dumped on roads surrounding her home as well as directly in front of her house.

“I feel this is to retaliate for the pictures and testifying, intimidate, punish, show me who’s boss. Force me to move.”
Siri Lawson

Lawson said it is now obvious that conventional well owners are not just dumping on dirt and gravel roads, they have expanded to dumping on paved roads and state roads and often just before it rains.

“Up until the 2018 decision, they had pretty much limited themselves to dirt roads. Except they had to have a way to get rid of it,” said Lawson. “Around 2022, I started seeing brining on paved roads. And it was like, they can’t be. It is the dead of summer and they’re doing this.”

“Last year, I saw more and more paved roads showing indications of well head brine spreading. And then this year, I began to frequently carry my camera and I began to catch it in spades.”

“I have never seen them dump on the paved roads like they’re doing now. I’ve just never seen it,” said Lawson.

“Now, brine road dumping tends to be when rain is called for. At first, it wasn’t. At first, it was right on dry pavement,” said Lawson.

“It’s just sheer audacity. The sheer audacity of all of this. It always has been my way or the highway for those folks”
Siri Lawson

Click here for some of Siri Lawson’s photos and a map of the area

Road Dumping Intimidation:
- Illegal Wastewater Dumping Continues, Even On Mothers Day, Conventional Oil & Gas Well Owners’ Campaign Of Intimidation Of Senate Witness; Now Dumping Before It Rains, On Paved Roads [PaEN]
- Two Months: Road Dumping Conventional Oil & Gas Wastewater Continues To Surround The Home Of A Senate Witness Who Opposes The Illegal Practice [PaEN – 5.7.24]
- Road Dumping Continues At Will As Conventional Oil & Gas Well Owners Get Rid Of Their Wastewater [PaEN – 4.5.24]
- Spring Road Dumping Season Underway As Conventional Oil & Gas Operators Get Rid Of Their Wastewater [PaEN – 3.19.24]
Resource Links – Senate Hearing:
- Senate Hearing: The Case For An Immediate, Total Ban On Road Dumping Conventional Oil & Gas Wastewater [PaEN]
- Senate Hearing: Penn State Expert: ‘No More Research That Needs To Be Done’ To Justify A Ban On Road Dumping Conventional Oil & Gas Wastewater [PaEN]
- Senate Hearing: First-Hand Account Of Health, Environmental Impacts From Road Dumping Conventional Oil & Gas Wastewater – ‘Inhaling Oil & Gas Wastewater 24-Hours A Day’ [PaEN]
- Senate Hearing: 3.5 Million Gallons Of Conventional Oil & Gas Wastewater Dumped On PA Public Roads Since DEP’s ‘Moratorium’ On Dumping Started 6 Years Ago [PaEN]
- Senate Hearing: DEP Still Evaluating The Data On Road Dumping Conventional Oil & Gas Wastewater; Asks Public To Report Road Dumping [PaEN]
- Moody & Associates Study Finds Discharge Of Conventional Oil & Gas Wastewater To The Ground Surface ‘Not A Viable Management Practice’; Supports Ban On Road Dumping; Onsite Disposal [PaEN]
- DEP: 86% Of Conventional Oil & Gas Well Owners Did Not Comply With Waste Disposal, Production Reporting For 33,505 Wells In 2023 [PaEN – 3.29.24]
[Posted: May 14, 2024] PA Environment Digest
May 16, 2024 8:45 AM

Pennsylvania roaddumping wastewater
ENVIRONMENTALLY: EVs Beat Gas-Guzzlers in the Long Run

theenergyage

Their batteries hurt the environment, but EVs still beat gas cars. Here’s why

By Camila Domonoske | NPR
May 10, 2024 | Full story

With all that’s required to mine and process minerals — from giant diesel trucks to fossil-fuel-powered refineries — EV battery production has a significant carbon footprint. As a result, building an electric vehicle does more damage to the climate than building a gas car does. But the gas car starts to catch up as soon as it goes its first mile.

“The results were clearer than we thought, actually.”
Georg Bieker, with the International Council on Clean Transportation

If you look at the climate impact of building and using a vehicle – something called a “lifecycle analysis” – study after study has found a clear benefit to EVs. The size of the benefit varies – by vehicle, the source of the electricity it runs on, and a host of other factors – but the overall trend is obvious.

“A traditional car needs mining every day, needs mining every time it’s used. It needs the whole extraction complex of fossil fuels in order to power it.”
Thea Riofrancos

The carbon pollution from burning gasoline and diesel in vehicles is the top contributor to climate change in the U.S. And there are other costs: Oil spills; funding for corrupt oil-rich regimes; the illnesses and preventable deaths caused by pollution from fossil fuels.

Add it up, she says, and if you’re concerned about all the harms from mining, you’ll still want to choose an EV over a comparable gas car. And last but not least, battery minerals can be recycled.

May 15, 2024 12:45 PM

electricvehicles EV EVs mining
INCREASED U.S. Tariffs on Imports from China

theenergyage
WHITE HOUSE FACT SHEET:

President Biden Takes Action to Protect American Workers and Businesses from China’s Unfair Trade Practices
- SOLAR CELLS: The tariff rate (whether or not assembled into modules) will increase from 25% to 50% in 2024.
- ELECTRIC VEHICLES: The tariff rate will increase from 25% to 100% in 2024.
- LITHIUM-ION BATTERIES: The tariff rate will increase from 7.5%% to 25% in 2024, while the tariff rate on lithium-ion non-EV batteries will increase from 7.5% to 25% in 2026.
The White House | Press Release | May 14, 2024

President Biden’s economic plan is supporting investments and creating good jobs in key sectors that are vital for America’s economic future and national security. China’s unfair trade practices concerning technology transfer, intellectual property, and innovation are threatening American businesses and workers. China is also flooding global markets with artificially low-priced exports. In response to China’s unfair trade practices and to counteract the resulting harms, today, President Biden is directing his Trade Representative to increase tariffs under Section 301 of the Trade Act of 1974 on $18 billion of imports from China to protect American workers and businesses.

The Biden-Harris Administration’s Investing in America agenda has already catalyzed more than $860 billion in business investments through smart, public incentives in industries of the future like electric vehicles (EVs), clean energy, and semiconductors. With support from the Bipartisan Infrastructure Law, CHIPS and Science Act, and Inflation Reduction Act, these investments are creating new American jobs in manufacturing and clean energy and helping communities that have been left behind make a comeback.

As President Biden says, American workers and businesses can outcompete anyone—as long as they have fair competition. But for too long, China’s government has used unfair, non-market practices. China’s forced technology transfers and intellectual property theft have contributed to its control of 70, 80, and even 90 percent of global production for the critical inputs necessary for our technologies, infrastructure, energy, and health care—creating unacceptable risks to America’s supply chains and economic security. Furthermore, these same non-market policies and practices contribute to China’s growing overcapacity and export surges that threaten to significantly harm American workers, businesses, and communities.

Today’s actions to counter China’s unfair trade practices are carefully targeted at strategic sectors—the same sectors where the United States is making historic investments under President Biden to create and sustain good-paying jobs—unlike recent proposals by Congressional Republicans that would threaten jobs and raise costs across the board. The previous administration’s trade deal with China failed to increase American exports or boost American manufacturing as it had promised. Under President Biden’s Investing in America agenda, nearly 800,000 manufacturing jobs have been created and new factory construction has doubled after both fell under the previous administration, and the trade deficit with China is the lowest in a decade—lower than any year under the last administration.

We will continue to work with our partners around the world to strengthen cooperation to address shared concerns about China’s unfair practices—rather than undermining our alliances or applying indiscriminate 10 percent tariffs that raise prices on all imports from all countries, regardless whether they are engaged in unfair trade. The Biden-Harris Administration recognizes the benefits for our workers and businesses from strong alliances and a rules-based international trade system based on fair competition.

Following an in-depth review by the United States Trade Representative, President Biden is taking action to protect American workers and American companies from China’s unfair trade practices. To encourage China to eliminate its unfair trade practices regarding technology transfer, intellectual property, and innovation, the President is directing increases in tariffs across strategic sectors such as steel and aluminum, semiconductors, electric vehicles, batteries, critical minerals, solar cells, ship-to-shore cranes, and medical products.

Steel and Aluminum

The tariff rate on certain steel and aluminum products under Section 301 will increase from 0–7.5% to 25% in 2024.

The tariff rate on certain steel and aluminum products under Section 301 will increase from 0–7.5% to 25% in 2024.

Steel is a vital sector for the American economy, and American companies are leading the future of clean steel. Recently, the Biden-Harris Administration announced $6 billion for 33 clean manufacturing projects including for steel and aluminum, including the first new primary aluminum smelter in four decades, made possible by the Bipartisan Infrastructure Law and the Inflation Reduction Act. These investments will make the United States one of the first nations in the world to convert clean hydrogen into clean steel, bolstering the U.S. steel industry’s competitiveness as the world’s cleanest major steel producer.

American workers continue to face unfair competition from China’s non-market overcapacity in steel and aluminum, which are among the world’s most carbon intensive. China’s policies and subsidies for their domestic steel and aluminum industries mean high-quality, low-emissions U.S. products are undercut by artificially low-priced Chinese alternatives produced with higher emissions. Today’s actions will shield the U.S. steel and aluminum industries from China’s unfair trade practices.

Semiconductors

The tariff rate on semiconductors will increase from 25% to 50% by 2025.

The tariff rate on semiconductors will increase from 25% to 50% by 2025.

China’s policies in the legacy semiconductor sector have led to growing market share and rapid capacity expansion that risks driving out investment by market-driven firms. Over the next three to five years, China is expected to account for almost half of all new capacity coming online to manufacture certain legacy semiconductor wafers. During the pandemic, disruptions to the supply chain, including legacy chips, led to price spikes in a wide variety of products, including automobiles, consumer appliances, and medical devices, underscoring the risks of overreliance on a few markets.

Through the CHIPS and Science Act, President Biden is making a nearly $53 billion investment in American semiconductor manufacturing capacity, research, innovation, and workforce. This will help counteract decades of disinvestment and offshoring that has reduced the United States’ capacity to manufacture semiconductors domestically. The CHIPS and Science Act includes $39 billion in direct incentives to build, modernize, and expand semiconductor manufacturing fabrication facilities as well as a 25% investment tax credit for semiconductor companies. Raising the tariff rate on semiconductors is an important initial step to promote the sustainability of these investments.

Electric Vehicles (EVs)

The tariff rate on electric vehicles under Section 301 will increase from 25% to 100% in 2024.

The tariff rate on electric vehicles under Section 301 will increase from 25% to 100% in 2024.

With extensive subsidies and non-market practices leading to substantial risks of overcapacity, China’s exports of EVs grew by 70% from 2022 to 2023—jeopardizing productive investments elsewhere. A 100% tariff rate on EVs will protect American manufacturers from China’s unfair trade practices.

This action advances President Biden’s vision of ensuring the future of the auto industry will be made in America by American workers. As part of the President’s Investing in America agenda, the Administration is incentivizing the development of a robust EV market through business tax credits for manufacturing of batteries and production of critical minerals, consumer tax credits for EV adoption, smart standards, federal investments in EV charging infrastructure, and grants to supply EV and battery manufacturing. The increase in the tariff rate on electric vehicles will protect these investments and jobs from unfairly priced Chinese imports.

Batteries, Battery Components and Parts, and Critical Minerals

The tariff rate on lithium-ion EV batteries will increase from 7.5%% to 25% in 2024, while the tariff rate on lithium-ion non-EV batteries will increase from 7.5% to 25% in 2026. The tariff rate on battery parts will increase from 7.5% to 25% in 2024.

The tariff rate on lithium-ion EV batteries will increase from 7.5%% to 25% in 2024, while the tariff rate on lithium-ion non-EV batteries will increase from 7.5% to 25% in 2026. The tariff rate on battery parts will increase from 7.5% to 25% in 2024.

The tariff rate on natural graphite and permanent magnets will increase from zero to 25% in 2026. The tariff rate for certain other critical minerals will increase from zero to 25% in 2024.

Despite rapid and recent progress in U.S. onshoring, China currently controls over 80 percent of certain segments of the EV battery supply chain, particularly upstream nodes such as critical minerals mining, processing, and refining. Concentration of critical minerals mining and refining capacity in China leaves our supply chains vulnerable and our national security and clean energy goals at risk. In order to improve U.S. and global resiliency in these supply chains, President Biden has invested across the U.S. battery supply chain to build a sufficient domestic industrial base. Through the Bipartisan Infrastructure Law, the Defense Production Act, and the Inflation Reduction Act, the Biden-Harris Administration has invested nearly $20 billion in grants and loans to expand domestic production capacity of advanced batteries and battery materials. The Inflation Reduction Act also contains manufacturing tax credits to incentivize investment in battery and battery material production in the United States. The President has also established the American Battery Materials Initiative, which will mobilize an all-of-government approach to secure a dependable, robust supply chain for batteries and their inputs.

Solar Cells

The tariff rate on solar cells (whether or not assembled into modules) will increase from 25% to 50% in 2024.

The tariff rate on solar cells (whether or not assembled into modules) will increase from 25% to 50% in 2024.

The tariff increase will protect against China’s policy-driven overcapacity that depresses prices and inhibits the development of solar capacity outside of China. China has used unfair practices to dominate upwards of 80 to 90% of certain parts of the global solar supply chain, and is trying to maintain that status quo. Chinese policies and nonmarket practices are flooding global markets with artificially cheap solar modules and panels, undermining investment in solar manufacturing outside of China.

The Biden-Harris Administration has made historic investments in the U.S. solar supply chain, building on early U.S. government-enabled research and development that helped create solar cell technologies. The Inflation Reduction Act provides supply-side tax incentives for solar components, including polysilicon, wafers, cells, modules, and backsheet material, as well as tax credits and grant and loan programs supporting deployment of utility-scale and residential solar energy projects. As a result of President Biden’s Investing in America agenda, solar manufacturers have already announced nearly $17 billion in planned investment under his Administration—an 8-fold increase in U.S. manufacturing capacity, enough to supply panels for millions of homes each year by 2030.

Ship-to-Shore Cranes

The tariff rate on ship-to-shore cranes will increase from 0% to 25% in 2024.

The tariff rate on ship-to-shore cranes will increase from 0% to 25% in 2024.

The Administration continues to deliver for the American people by rebuilding the United States’ industrial capacity to produce port cranes with trusted partners. A 25% tariff rate on ship-to-shore cranes will help protect U.S. manufacturers from China’s unfair trade practices that have led to excessive concentration in the market. Port cranes are essential pieces of infrastructure that enable the continuous movement and flow of critical goods to, from, and within the United States, and the Administration is taking action to mitigate risks that could disrupt American supply chains. This action also builds off of ongoing work to invest in U.S. port infrastructure through the President’s Investing in America Agenda. This port security initiative includes bringing port crane manufacturing capabilities back to the United States to support U.S. supply chain security and encourages ports across the country and around the world to use trusted vendors when sourcing cranes or other heavy equipment.

Medical Products

The tariff rates on syringes and needles will increase from 0% to 50% in 2024. For certain personal protective equipment (PPE), including certain respirators and face masks, the tariff rates will increase from 0–7.5% to 25% in 2024. Tariffs on rubber medical and surgical gloves will increase from 7.5% to 25% in 2026.

The tariff rates on syringes and needles will increase from 0% to 50% in 2024. For certain personal protective equipment (PPE), including certain respirators and face masks, the tariff rates will increase from 0–7.5% to 25% in 2024. Tariffs on rubber medical and surgical gloves will increase from 7.5% to 25% in 2026.

These tariff rate increases will help support and sustain a strong domestic industrial base for medical supplies that were essential to the COVID-19 pandemic response, and continue to be used daily in every hospital across the country to deliver essential care. The federal government and the private sector have made substantial investments to build domestic manufacturing for these and other medical products to ensure American health care workers and patients have access to critical medical products when they need them. American businesses are now struggling to compete with underpriced Chinese-made supplies dumped on the market, sometimes of such poor quality that they may raise safety concerns for health care workers and patients.

Today’s announcement reflects President Biden’s commitment to always have the back of American workers. When faced with anticompetitive, unfair practices from abroad, the President will deploy any and all tools necessary to protect American workers and industry.

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May 15, 2024 9:00 AM

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NEW Studies & Data on Sustainable Energy & Climate Change

theenergyage

News Story Excerpts

New Studies & Data on Sustainable Energy & Climate Change

For Week Ending Friday – May 10, 2024

SUN DAY CAMPAIGN (founded 1992)
Ken Bossong, editor

8606 Greenwood Avenue, Suite #2
Takoma Park, MD 20912-6656
301-588-4741; sun-day-campaign@hotmail.com
follow on twitter: @SunDayCampaign

Note: News story excerpts provided below do not necessarily reflect the views of the SUN DAY Campaign or any of its respective members.

Mixed or Cross-Cutting:

Global Market for Sustainable Manufacturing Estimated to Grow to More Than $150 Billion by 2033

Guidehouse Insights, May 2, 2024

According to a new Guidehouse Insights report, the global market for investment in industrial internet of things, industrial renewables, power purchase agreements, and carbon capture, utilization, and sequestration techniques in manufacturing will approach $62.0 billion in 2024 and grow at a compound annual growth rate of 10.4% over the next decade, reaching $150.8 billion in 2033 – a 143% overall increase. As climate change accelerates and governments around the world grow more serious about reducing greenhouse gas emissions, manufacturers are realizing that esoteric sustainability goals in annual reports will no longer suffice. Regulations and mandates remain a key market driver.

In 2023, Investment in Clean Energy Manufacturing Shot Up 70% and – Led by Solar PV – Accounted for 4% of Global GDP Growth but Still Lags Climate Goals

Elektrek, by Michelle Lewis, May 6 2024

According to an International Energy Agency report, “Advancing Clean Technology Manufacturing,” global investment in the manufacturing of solar, wind, batteries, electrolyzers and heat pumps – rose to $200 billion in 2023. This represents an increase of more than 70% from 2022 that accounted for around 4% of global GDP growth. Spending on solar manufacturing more than doubled last year, while investment in battery manufacturing rose by around 60%. As a result, solar module manufacturing capacity today is already in line with what is needed in 2030 based on the IEA’s net zero emissions scenario. For battery cells, if announced projects are included, manufacturing capacity is 90% of the way towards meeting net zero demand at the end of this decade. Further, many projects in the pipeline will be operational soon. Around 40% of investments in clean energy manufacturing in 2023 were in facilities that are due to come online in 2024. For batteries, this share rises to 70%.

Globally, 70-85% of Wind Turbines and 95% of Solar Assets are Not Adequately Protected from Fire

North American Clean Energy, May 6, 2024

According to Firetrace International, a leading provider of fire suppression solutions supporting safe operations in renewable energy, the vast majority of wind and solar energy assets, both new and old, are not adequately protected from fire. Approximately 75-85% of operational wind turbines and 70-80% of new wind turbines globally, do not have fire suppression technology installed. When it comes to solar, an estimated 95% of all solar inverters do not have fire suppression technology installed.

California Grid Sets Renewable Power Record

EE News, by Francisco “A.J.” Camacho, May 6, 2024

In a milestone, California produced enough renewable energy to meet its total electricity demand for portions of the past 21 straight days. Stanford University civil and environmental engineering professor Mark Z. Jacobson calculated that on 50 of the 58 days between March 7 and May 4 – including the last 21 consecutive days – renewable energy sources supplied more than 100 percent of energy demand for between 15 minutes and 10 hours on the California Independent System Operator grid – which accounts for 80 percent of the Golden State’s electricity.

U.S. Added 5.6-GW of Utility-Scale Clean Energy in Q1, Up 28% Year-over-Year

North American Clean Energy, May 7, 2024

According to the American Clean Power Association, the U.S. utility-scale solar, wind, and storage sectors added a combined 5,585-MW of new capacity in the first quarter of 2024, marking an increase of 28% compared to installations in the same period a year ago. These additions are enough to power 1 million homes with clean energy. A substantial 4,557-MW of new solar capacity was added in Q1 2024, contributing to the U.S. climbing to over 100,547-MW of installed utility-scale solar. The commissioning of the South Fork Wind project in March, the first large-scale offshore wind initiative in federal waters, added 132-MW of capacity off the coast of New York. While energy storage deployments were flat compared to the same period in the previous year, the pipeline for new storage projects increased by 61% year-over-year to 31.6-GW in the near-term pipeline. Clean power procurement saw a robust 52% increase from Q1 2023, with 7,773 MW of new Power Purchase Agreements.

U.S. Has Added 100,000 Clean Energy Manufacturing Jobs since IRA with Over One Quarter Solar

PV-Tech.org, by J.P. Casey, May 7, 2024

According to a monthly tally of private-sector announcements from E2, at least 105,454 new manufacturing jobs have been announced in the U.S. since the Inflation Reduction Act was signed into law, following the April announcements of four new large scale clean energy projects expected to hire 1,500 manufacturing workers. Since the act’s signing in August 2023, US companies have announced 69 new projects in the solar sector, adding 25,157 jobs to the US economy, second behind only electric vehicles. In all, at least 305 major clean energy projects have been announced in 40 states and Puerto Rico since the IRA passed. Companies have also announced over $123 billion in capital investment for these projects.

Wood Mackenzie Finds High Interest Rates Hit Renewable Energy Harder Than Natural Gas

UtilityDive.com, by Emma Penrod, May 7, 2024

According to an analysis by Wood Mackenzie, a 2-percentage-point increase in interest rates pushes up the levelized cost of electricity for renewables. In fact, it hikes the levelized cost of electricity from renewables by as much as 20%, with utility-scale solar experiencing some of the greatest impacts. The LCOE for a combined-cycle natural gas plant, by contrast, increases just 11%, in part because fossil fuel generators already paid higher rates before central banks began to hike interest. For the past several years, financiers have generally considered wind and solar to be less risky than conventional energy projects like oil and gas but increased interest rates are closing the gap between the cost of electricity from renewable energy and fossil fuels.

Renewable Energy Passes 30% of World’s Electricity Supply

The Guardian, by Jillian Ambrose, May 7, 2024

A new report by energy think-tank Ember shows that renewables – for the first time – provided more than 30% of global electricity in 2023, an expansion from 19% in 2000. This growth is being driven by the rising share of solar and wind, which was up to a record 13.4% in 2023 from 0.2% in 2000. Global electricity demand rose by 2.2%, or 627-TWh, in 2023. In 2024, demand growth is expected to be 968-TWh and to be more than met by clean generation growth, forecast at 1,300-TWh. This will lead to a fall in global fossil generation of 2%, or 333-TWh. Together with nuclear, low-carbon sources accounted for almost 40% of global electricity last year. The carbon dioxide intensity of global power generation therefore reached a new low, but a decline in hydropower prevented a fall in emissions. Because of drought conditions, hydropower generation declined to a five-year low, causing a shortfall that was met by coal, resulting in a 1% increase in global power sector emissions.

Solar

U.S. Electric Power Sector Reported Fewer Delays for New Solar Capacity Projects in 2023

U.S. Energy Information Administration, May 8, 2024

The U.S. electric power sector reported fewer delays to install new utility-scale solar photovoltaic projects in 2023 than in 2022. In 2023, solar developers pushed back the scheduled online date for an average of 19% of planned solar capacity compared with an average of 23% in 2022. Although the share of solar capacity reporting delays fell in 2023, it was still higher than the average share of delays between 2018 and 2021. The decrease in delays came at a time when utilities were adding more solar to the grid. In 2023, the electric power sector began operating 19-GW of new utility-scale solar PV generating capacity, a 27% increase from the existing solar capacity at the end of 2022.

Solar PV Was World’s Fastest-Growing Source of Electricity Generation in 2023

PV-Tech.org, by Jonathan Touriño Jacobo, May 8, 2024

Energy think tank Ember’s fifth annual “Global Electricity Review” revealed that solar generation grew by 23% in 2023, the fastest-growing electricity source for 19 years in a row. With 1,631-TWh, solar PV accounted for 5.5% the global electricity mix, up from 4.6% in 2022. Solar’s generation growth in 2024 is expected to be even larger due to a record surge of installations towards the end of 2023. Among the four trends highlighted in Ember’s report that will shape the electricity transition in 2024, solar PV is at the forefront of the energy revolution and leading the way. Earlier this year, BloombergNEF forecast solar PV to add 574GW of capacity in 2024, up from the 444GW added in 2023.

IEA Says Global Solar Manufacturing Sector Now at 50% Utilization Rate

PV-Magazine, by Emiliano Bellini, May 8, 2024

The International Energy Agency says that global solar cell and module manufacturing capacity grew by around 550-GW in 2023. Around 440-GW of 500-GW of total cell and module capacity was deployed throughout the world last year. Global investments in new solar factories amounted to $80 billion in 2023 alone, which is two times more than in 2022. Around 80% of the global PV manufacturing industry is currently concentrated in China, while India and the U.S. each hold a 5% share. Europe accounts for a mere 1%.

Wind

Study Says ‘Wake Effect’ Could Drain 38% of Offshore Wind Power

EE News, by Heather Richards, May 6, 2024

According to recent research from the Colorado University Boulder and National Energy Technology Laboratory, downstream turbulence from offshore wind turbines can reduce power generation at nearby turbines, substantially reducing the total potential from planned U.S. offshore wind projects. Offshore wind turbines off the U.S. East Coast could rob neighboring turbine arrays of wind speed and thus power generation depending on daily conditions, by more than 30%. Most of the potential loss to power generation will occur within individual turbine arrays, from wake effect slowing wind speeds to some turbines.

Report Reveals Wind Industry Must Triple Its Capacity to Meet Global Targets

The Cool Down, by Jeremiah Budin, May 8, 2024

According to a recent Global Wind Energy Council report, capacity installation of wind energy was 50% higher in 2023 than the year before. Global cumulative wind power capacity passed 1-TW for the first time in 2023. To reach the goal laid out at COP28 of 3-TW by 2030, the industry will need to add at least 320 gigawatts per year (roughly double the amount added last year) over the next seven years. That means that if capacity installation continues at its current pace, the world will fall short of the goal – but if it continues to grow exponentially, “we have a shot … but we now have just seven years.”

Turbine Manufacturers Install 121-GW in Stellar Year

ReNews.Biz, May 9, 2024

According to Global Wind Energy Council market intelligence, wind turbine manufacturers supplied a record amount of volume in 2023. GWEC found a total of 30 wind turbine manufacturers installed 120.7GW of new capacity last year. Chinese suppliers installed 81.6GW in 2023, resulting in Chinese companies occupying four of the top five spots in this year’s supplier rankings. Goldwind emerged as top supplier in 2023, with Envision moving up three positions to second place and Denmark’s Vestas in third place. Windey and Mingyang occupy fourth and fifth place respectively.

Bioenergy

EIA Expects U.S. Biomass Power Capacity to Hold Steady in 2024 and 2025

Biomass Magazine, by Erin Voegele, May 7, 2024

The U.S. Energy Information Administration currently predicts biomass to account for 2.25% of renewable electricity generation in 2024, falling to 2.04% in 2025. Biomass accounted for 2.44% of renewable electricity generation last year. Biomass is expected to be used to generate 21.7 billion kilowatt hours of electricity this year, falling to 21.5 billion kWh in 2025. Biomass generation was at 21.1 billion kWh in 2023.

USDA Predicts 14 Billion Pounds of Soybean Oil Will Go to Biofuel Production for 2024-’25

Biomass Magazine, by Erin Voegele, May 10, 2024

In its latest “World Agricultural Supply and Demand Estimates Report,” the USDA predicts soybean oil use in biofuel production will increase by 1 billion pounds to 14 billion pounds for 2024-25. The USDA currently expects 14 billion pounds of soybean oil to go to biofuel production for 2024-’25, up from 13 billion pounds estimated for 2023-’24 and 12.491 billion pounds consumed for 2022-’23.

Hydro/Water Power

How Much Tidal Energy Can Alaska’s Electricity Grid Support?

HydroReview, by Elizabeth Ingram, May 6, 2024

A report released by the National Renewable Energy Laboratory found that the largest existing power grid in Alaska, known as the Railbelt, can support 200 MW of tidal energy and up to 300 MW with grid upgrades. The Railbelt carries 70% of the state’s electrical energy to about three-quarters of its population. Today, that grid runs mostly on natural gas. But Alaska’s Governor, Mike Dunleavy, wants 80% of the Railbelt’s electricity to come from renewable energy sources by 2040. Switching to renewables – including hydroelectric, wind, solar, geothermal and tidal power – could reduce the state’s spending on electricity generation by about $100 million per year.

Storage

Study Suggests Marcellus Shale Could Supply 40% of U.S. Lithium

EE News, by Hannah Northey, May 8, 2024

A study from the U.S. Department of Energy’s National Energy Technology Laboratory has found that two regions of Pennsylvania that overlay the Marcellus Shale formation could pump out enough lithium-rich wastewater to meet up to 40 percent of the nation’s current domestic consumption of the mineral. The findings, published in “Scientific Reports,” are significant given growing demand for lithium used in batteries for everything from grid storage to laptops to electric vehicles.

Hydrogen

BNEF Says E-Fuels Could Scale Up to Over 1 Billion Gallons by 2030

BloombergNEF, by Rose Oates, May 7, 2024

E-fuels offer a decarbonization solution for hard-to-abate transport sectors like shipping and aviation. According to BloombergNEF, the power-to-liquids pathway to produce e-fuels made from hydrogen and captured carbon dioxide could scale up from several pilot plants in 2024 to an annual capacity of over one billion gallons (3.785 billion liters) in 2030. There are more than 30 projects in the pipeline planned to come online by 2030 plus several more with unscheduled start dates, representing a total production capacity of over 1.3 billion gallons a year. North America accounts for 615 million gallons of the planned capacity by 2030 thanks to a big project by HIF Global in Texas, while Europe accounts for 350 million gallons.

U.S. Government Targets $2/kg by 2026 and $1/kg by 2031 for “Clean” Hydrogen Production Costs

PV-Magazine, by Sergio Matalucci, May 8, 2024

The US Department of Energy’s Hydrogen and Fuel Cell Technologies Office has published a detailed strategy and planning document that will help guide hydrogen innovation and research in the coming years. The document aims for “clean” hydrogen production costs of $2/kg by 2026 and $1/kg by 2031, but also electrolyzer system costs of $250/kW (low-temperature electrolyzers) and $500/kW (high-temperature electrolyzers) by 2026.

Electric Vehicles

Electrify America EV Charging Network Set to Grow by 25% in 2024

Green Car Reports, by Bengt Halvorson, May 5, 2024

On the sixth anniversary of its first fast-charger installation, Electrify America confirmed that it’s planning to reach 5,000 chargers by the end of the year, including larger charging stations and broader support for Plug & Charge payment tech. As of May 2, there are currently 931 Electrify America station locations and 4,182 charge ports; the latter corresponds to what Electrify America considers a charger. The expansion would constitute a roughly 20% increase over what’s currently available.

IDTechEx Says Solar EV Charging to Bypass the Grid and Be a $2.5 Billion Market by 2034

North American Clean Energy, May 6, 2024

IDTechEx predicting over 180 million electric vehicles to be sold annually by 2044. In addition, IDTechEx predicts that solar charging systems will make up a sizeable portion of the overall $16 billion off-grid charging infrastructure hardware market by 2034. IDTechEx research also indicates several other technologies likely to be adopted for off-grid EV charging. Hydrogen fuel cell charging is likely to emerge as a key solution for use cases requiring much greater power per area, with a particular expected focus on electrified construction sites.

Local Governments See EV Charging as Costly and Lower-Priority

Green Car Reports, by Stephen Edelstein, May 7, 2024

According to a new University of Michigan survey, more local governments across Michigan see EV charging as a relevant issue, but the number is still fairly low, and those interested in EV charging see cost as a barrier. Just under 40% of local leaders surveyed said EV infrastructure planning is somewhat or very relevant – a 23% increase from 2019. Just over a quarter said EV charging isn’t relevant in their jurisdictions, compared to 40% in 2019. Over a third of respondents (34%) said their community had too few public charging stations, up from 29% in 2019. A majority of those surveyed (53%) pointed to the cost of adding EV charging stations or lack of interest among residents (51%) as major barriers to further infrastructure expansion.

Report Says EVs Are Slowing the Pace of Growth in Gasoline Demand

Green Car Reports, by Stephen Edelstein, May 8, 2024

According to the consultancy Wood Mackenzie, growing EV sales in both the U.S. and China could contribute to a halving in gasoline demand in 2024. Demand is likely to rise 340,000 barrels per day (bpd) to 26.5 million bpd for the year, but that’s the slowest growth since 2020, and down from a growth rate of 700,000 bpd last year. And it’s partly because, with increased EV sales, China is nearing the point of peak transportation fuel demand, while the U.S. has surpassed it.

Global EV Sales Grew 19% in March

CleanTechnica.com, by José Pontes, May 9, 2024

Global plugin vehicle registrations were up 19% in March 2024 compared to March 2023. There were 1.3 million registrations. BEVs were up by 7% YoY, while plugin hybrids jumped 50% YoY, with March being its second-best month ever. In the end, plugins represented 19% share of the overall auto market (13% BEV share alone). Add the 1.1 million plugless hybrids registered in March, a new record, and we have a staggering 35% of global sales in March having some kind of electrification.

Energy Efficiency

Americans Burn 50% Less Fossil Fuel in Their Homes Than They Did 50 Years Ago

CleanTechnica.com, by Joe Wachunas, May 10, 2024

Today, Americans burn about 55% less fossil fuel in their homes on average compared to half a century ago. Moreover, American households have steadily been using less natural gas since the 1970s. Total use of natural gas in homes has been flat in the US (even declining slightly from its peak in 1972) for 50 years while the U.S. population has grown by 60%. Per capita gas use has fallen by almost 40%. Meanwhile Americans use almost 90% more electricity per person than they did in the early 70s. Electricity as a percentage of per capita energy that Americans use in their homes has thus nearly tripled from 16% in 1972 to 45% today. Moreover, while there are many more electric appliances in the home now, they are significantly more efficient and use a fraction of the energy of their predecessors.

CLIMATE CHANGE

Survey Finds Fewer Americans See Climate Change as a Very Serious Problem

The Hill, by Sarah Fortinsky, May 6, 2024

According to a new Monmouth University poll, conducted on April 18-22, fewer Americans today see climate change as a “very serious” problem than they did three years ago. It shows a 10-point decline in Americans who says climate change is a “very serious” problem, falling from 56 percent in September 2021 to 46 percent in April. The decline was less steep overall – with 66 percent describing climate change as a problem that’s either “very serious” or “somewhat serious.” That’s down from 2021, when 70 percent of respondents described the climate change problem as either “very serious” or “somewhat serious.”

Earth Experienced Its Warmest April on Record as U.S. Prepares for Brutal Summer Heat

Yahoo.com, by Julia Jacobo & Daniel Peck, May 7, 2024

According to a monthly climate report by Copernicus, Europe’s climate change service, Earth has just experienced its 11th straight warmest month on record after it measured as the warmest April on record. April 2024 saw an average surface air temperature of 15.03 degrees Celsius, or 59.05 degrees Fahrenheit. The temperature measured at 1.21 degrees Fahrenheit above the 1991 to 2020 average for April. May 2023 through April 2024 was the warmest 12-month stretch on record with a global average temperature of 2.90 degrees Fahrenheit above the 1850 to 1900 pre-industrial average.

Seven Separate Billion-Dollar Weather and Climate Disasters Have Struck the U.S. This Year

National Oceanic & Atmospheric Administration, May 8, 2024

There were five new billion-dollar weather and climate disasters confirmed last month, including three severe storm events that impacted the central, southern and eastern U.S. in mid-February and early April. There were also two winter storms that impacted the northwest and central U.S. in mid-January. In total, there have been seven confirmed weather and climate disaster events this year, each with losses exceeding $1 billion. These disasters consisted of five severe storm events and two winter storms.

Climate Scientists Say 2.5º C Is Now the Best-Case Scenario

CleanTechnica.com, by Steve Hanley, May 9, 2024

Recently, “The Guardian” reached out to every lead author or review editor of IPCC reports since 2018 – 843 people in all – to ask them how the fight against global heating was going. 380 people responded. 80% of them said they expect global temperatures to rise by at least 2.5º C (4.5º F) above pre-industrial levels this century, blasting past internationally agreed targets and causing catastrophic consequences for humanity and the planet. Almost half anticipate at least 3º C (5.4º F). Only 6% thought the 1.5º C (2.7º F) limit agreed to by virtually all the nations of the world in Paris in 2015 would be met.

May 15, 2024 6:00 AM

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