EPA wants hardrock mining's financial assurance

The Environmental Protection Agency (EPA) on Friday announced it had identified the hardrock mining industry as its priority for financial assurance rules to ensure that the owners and operators of such, not taxpayers, foot the bill for environmental cleanups.

The announcement preceeds the development of a EPA rules under the Comprehensive Environmental Response, Compensation and Liability Act, commonly called “Superfund.”

EPA plans to propose the rule by spring of 2011.

The priority notice identifying hardrock mining also satisfies a court order issued by the United States District Court.

In its announcement, EPA noted that, since the enactment of the Superfund law in 1980, the federal government has spent billions of dollars to clean up uncontrolled hazardous waste sites. EPA said it decided to develop financial responsibility requirements for classes of facilities within the hardrock mining industry first because of

"those facilities’ sheer size; the enormous quantities of waste and other materials exposed to the environment; the wide range of hazardous substances released to the environment; the number of active hardrock mining facilities; the extent of environmental contamination, including the number of sites identified by EPA as needing cleanup under Superfund’s National Priorities List; and government expenditures, projected clean-up costs, and corporate structure and bankruptcy potential. "

The agency clarified that hardrock mining facilities include those that extract, beneficiate and process metals (e.g., copper, gold, iron, lead, magnesium, molybdenum, silver, uranium, and zinc) and non-metallic, non-fuel minerals (e.g., asbestos, gypsum, phosphate rock, and sulfur).

Coal mining facilities are not hardrock mining facilities and are not included in EPA’s priority notice.

The agency says it plans to examine other industries outside of the hardrock mining industry "that also may warrant the development of financial responsibility requirements under Superfund by the end of the year."

At a minimum, the agency said it would be looking at:

• hazardous waste generators,


• hazardous waste recyclers


• metal finishers


• wood treatment facilities, and


• chemical manufacturers.

EPA said it is scheduled to publish the notice addressing additional classes of facilities by December 2009. At that time, the agency will solicit public comment.

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Who will the enviros endorse for NJ governor?

Who will New Jersey's environmental organizations endorse for governor in the November election? It's an interesting questions...and an important one for at
least three reasons.

#1 - "The environment" will continue to rank high among issues of importance to New Jersey voters--even though the economy and jobs probably outdistance it today.

#2 - It likely will be a tight race between the two major party candidates --Democrat Jon Corzine, the current governor who's seeking a second term--and Republican Chris Christie, the state's former U.S. Attorney. So close that winning the endorsement of major enviro-groups could make the difference.

#3 - This year's race includes a serious independent candidate--former state DEP Commissioner Chris Daggett--who has bona fide environmental and political creds (no wacko Lyndon LaRouche or Green Party no-name here).

Daggett also has the potential to raise enough money to influence the outcome of the race. Who knows, although unlikely, he could even win it depending on how fed up voters are with government-as-we-know-it.

One of the state's enviro-powerhouses, the Sierra Club, has been slamming the governor in recent months for what they see as his lack of follow-through on green issues and dogging him at such press events as the groundbreaking for a new Hudson River rail tunnel and the announcement of a Garden State Parkway expansion.

The media-savvy organization has made a point of getting their negative press releases into the hands (and the resulting stories) of reporters covering Corzine's "good news" events. The tactic has served to boost the Sierra Club's visibility, and remind the governor of how much more damage the activists could inflict as his campaign unfolds.

Does this mean the Sierra Club won't support Corzine's re-election? Could the group, which often appears to be little more than a Democratic party adjunct, actually endorse the (gasp) Republican candidate, Mr. Christie?

In a piece in today's PolitickerNJ, Matt Friedman reports that Sierra Club executive director Jeff Tittel " has said nice things about Christie’s record on environmental law enforcement as U.S. Attorney, though his Republican primary rhetoric on cutting the jobs at the DEP could prove problematic."

Those with longer memories will recall that the Sierra Club also was saying nice things about GOP candidate Doug Forrester four years ago during Corzine's first campaign for governor.

Of course, it was just a tactic, a way to get Corzine to pay attention (and perhaps make promises) to the Sierrans in return for their support.

The same scare tactic is at work this time around. The only difference this time is Daggett's emergence as a viable candidate. Yesterday, he announced that his campaign had raised enough money to qualify for matching state funds. If the accounting holds up, he'll qualify for at least $1 million and also will be guaranteed participation in at least two gubernatorial debates.

So, if we're to believe all of the Sierra Club's criticisms about the Democratic governor's shortcomings, and dismiss their sudden coziness with Republican Christie as the mere posturing that it is,
and believe that their sole interest is the environment, then we can expect they'll be endorsing Mr. Daggett, a proven environmental advocate. Right?

We'll, maybe. But remember: like other political "players," above whom the enviros like to place themselves, they also desire to back the winner and lay claim to some stake of power when he assumes
(or re-asssumes) control.

We'll keep watch on the Sierra Club and other enviro groups and let you know when they announce their endorsements. In the meanwhile, we invite your views. Use the comment box below. If you don't see one, click on the tiny 'comment' line and one should appear.

Related:
NJ Governor's race picks up (renewable) energy
Independent candidate Daggett hits funding threshold
Daggett files for matching funds

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NJ Governor's race picks up (renewable) energy

Any Republican candidate who wants a realistic shot at becoming governor in New Jersey has to learn to speak like Rush Limbaugh in the primary and Barack Obama in the general election.

No doubt to the chagrin of those managing Democratic Governor Jon Corzine's campaign (and conservative Republicans as well) Chris Christie is proving to be a quick learner.

The former federal prosecutor won the Republican primary by appealing to the party's conservative faction (a requirement since those motivated folks always show up in strong numbers at the polls regardless of the weather).

Yesterday, he came roaring out of the summer campaign starting gate with a television ad designed to appeal to the majority of New Jersey voters who are moderate-to-liberal on most social issues but just shy of California-nuts-and-berries-liberal on the environment.

The ad (below) contains plenty of pictures of gleaming solar panels and whirling wind turbines and even a picture of the President, yes, that president, the liberal Democrat guy. The ad's star is a very earnest-looking candidate Christie who says he agrees with the president on the importance of renewable energy and promises to be New Jersey's Number 1 renewable energy activist. Wow! A closet greenie all along. Who would have guessed.



The Corzine camp was quick to respond, sending around a YouTube video of Christie, during the Republican primary, telling an appreciative crowd that they could expect lots of battles with the DEP and the EPA when he moves into the governor's mansion.



I guess Christie's neo-con backers never imagined their candidate could have meant he'd be "battling" for even greener programs than his opponent.

But, hey, that was then and this is now. Sticking with Rush-speak from now to November wins you nothing but a consolation trip to Disney World.

Related:
GOP candidate Christie outlines energy plan
Chris Christie unveils eight-point energy plan

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New York plans U.S.'s largest offshore wind farm

New York government agencies and power companies said on Wednesday they are gauging interest from developers and manufacturers about building a wind farm about 13 miles off the New York city coast that could end up being the largest such project in the United States.

Reuters reports that:

The Long Island Power Authority, the New York Power Authority, other agencies and Consolidated Edison Inc hope to build the 350 megawatt wind farm off the Rockaway Peninsula in the Atlantic.

Potentially, the project could be expanded to 700 MW, giving it a shot of being the biggest U.S. offshore wind farm. One megawatt powers about 1,000 homes in New York, but wind does not blow all of the time.

Taking stock of the interest of developers is a precursor to issuing a request for proposal for the project which is anticipated for release by the end of the year, the collaboration said.

"There clearly is growing interest in this proposal by many parties," Kevin Burke, chairman and CEO of Con Edison, said in a release.

It's not the first time that the LIPA has been involved in an offshore wind-power venture.

The authority formerly proposed the construction of a 40-turbine wind farm that would have produced 140 MW of energy off the shore of Jones Beach on the south shore of Long Island.

LIPA's initially estimated the project's cost to be between $150 million and $200 million. But it did not disclose actual costs until Newsday filed a Freedom of Information Law in 2007.

Initially, LIPA denied the request, but on appeal it provided limited and outdated information disclosing that winning bid for the project in 2003 was $356 million. Newsday later reported that the cost had ballooned to $650 million.

By the time the project was canceled in 2007 by red-faced LIPA officials, the authority was admitting to a total cost just shy of $700 million.

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Senator Smith saves recycling -- in New Jersey

Recycling in New Jersey--once a national model--had been on a down slide for years until the state Legislature, despite significant opposition, passed legislation last year that re-imposed a recycling tax on garbage.

When Governor Corzine signed the legislation into law, the state's recycling community was elated and re-energized. Recycling coordinators knew that revenue from the tax would go into a dedicated state fund and would be used to support local recycling efforts--based on how successful each county and town was in removing cans, bottles, paper and other 'recyclables' from the
waste stream.

Recycling coordinators began planning ways to pump up their programs. Some ordered new equipment. Some entered into agreements with commercial recyclers for single-stream pickups which eliminate the need for residents and businesses to separate paper from metal and metal from glass. Others laid out plans for new educational and collection plans in schools and for tougher enforcement efforts to insure compliance.

Then along came the state budget crunch. In a last-minute strategy to balance the current fiscal year's budget--as the Legislature was working out final details on next year's FY 2010 spending plan--the Corzine Administration pushed through a supplemental appropriations bill that transferred money from a number of existing program accounts into the General Fund.

Part of that re-appropriation included grabbing $7 million from the state's newly revitalized Recycling Fund.

The reaction of municipal and county recycling coordinators, who were counting on the money to pay for programs and equipment they had already committed to, ranged from consternation to near panic. Then Bob Smith stepped in.

Smith, a veteran state legislator from Middlesex County, is the Democratic chairman of the Senate Environment Committee and a long-time supporter of recycling.

He was the sponsor in the Senate of the legislation that refunded the recycling program and author of a 'poison pill' provision within the bill that basically said the money could only be used for recycling.

Recognizing that previous Administrations, in times of budget stress, have ignored such legal limitations, Smith made a personal plea to Governor Jon Corzine. He explained the benefits of recycling and the reasons for the 'poison pill' language. He then told the governor: "If you allow this to happen, you will kill recycling in New Jersey."

What followed sounds like a Hollywood ending. The governor listened and was persuaded. He promised Smith that his staff would look elsewhere for the $7 million.

An amazing story, but true. Thanks to Senator Smith, recycling in New Jersey has been saved--again.

___________________________________________________
In the interest of full disclosure, we alert our readers to the fact
that EnviroPolitics' sister company, Brill Public Affairs, counts
the Association of New Jersey Recyclers (ANJR) among its
government-relations clients. ___________________________________________________

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Pave the fairways, put up a solar farm

No, it's probably not what Joni Mitchell had in mind when she wrote her early-enviro-era lyrics, but down in Cape May, the owner of the B.L. England power plant wants to build one of New Jersey's largest solar arrays on what is now its nine-hole public golf course.

The 26 acres of solar panels would generate 4 megawatts of energy for sale to electric customers across the region, company spokesman Stephen Ross said in today's Atlantic City Press.

The 4 MW output is is less than 1 percent of the 447 megawatts the B.L. England power plant can produce at maximum output, but it is enough to power 4,000 homes.

Golfers told reporter Michael Miller that they'd hate to lose the course because of its combination of short and long holes and because the greens fees are less there than at surrounding courses.

Michael Hagan Jr., 17, a senior at Ocean City High School who has played golf for four years, said: "I like the idea of solar power. I just think they should do it somewhere else."

What do you think about trading nine greens of golf for 4 MW of green energy?

Tell us in the comment box below. If it's missing, click on the tiny 'comment' line below.

Related:
Solar Power Project Under Consideration for BL England Plant

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Analyzing the cap-and-trade vote in Pennsylvania

On Saturday, we focused on the key role played by three New Jersey Republicans in the narrow passage of the Waxman-Markey climate-change bill in the House. (Jersey Republicans key to climate bill passage)

Matt Friedman reports in PolitickerNJ that the three are facing heat from conservatives over their votes and they may face primary challenges because of it. The New York Times's Green Inc. blog quotes Rush Limbaugh linking the "northeastern Republicans" to Wall Street and urging that they be "sent packing" at re-election time.

Today, we recommend an analysis of the vote from a Pennsylvania perspective. It's written for PoliticsPA by Louis Jacobson, a contributing editor with National Journal magazine. He says that, for most members of Pennsylvania’s congressional delegation, Friday’s vote was not about ideology but about quietly doing the safest thing for their district – and for their own reelection prospects.

Your views? Use the comment box below. If you don't see it, click on the tiny 'comments' line.

Related:
Gerlach opposes cap-and-trade bill
Conservative Ire Rains on 8 Republicans Who Voted for House Climate Bill

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Solar advocates urge veto of NJ union wage bill

A coalition of New Jersey solar energy businesses, electrical contractors, independent electricians, and solar energy workers is urging Governor Jon Corzine to veto (A-3372), legislation that the group says will not only drive up costs for ratepayers, but cost the state hundreds of new green energy jobs as well.

In a press release, the coalition said the legislation imposes an "oppressive new mandate" on all renewable energy and energy efficiency installation projects in New Jersey, with the sole exception of residential projects, by mandating that state "prevailing wage" rates be paid to workers on all such projects.

Prevailing wages, the coalition says, are synonymous with union wage rates and "often forces businesses to hire union labor and sub-contractors at additional cost."

"This legislation must be vetoed by Governor Corzine. It is anti-solar because it will result in increasing the labor costs of solar by 180%. It contradicts the Governor's and Legislature's policies of growing solar and reducing global warming gases, " said Dennis Wilson, vice president in New Jersey for the Mid-Atlantic Solar Energy Energy Industries Association, a trade group representing solar energy companies, manufacturers, and solar project developers in NJ, Pennsylvania, and Delaware.

The coalition says the legislation applies to all energy efficiency projects--along with renewable projects such as wind, solar, and biomass--that receive any "approval" or any authorization by the NJ Board of Public Utilities.

The group claims that the legislation is so broad that it would includes energy efficiency upgrades for non-profits such as churches, and small businesses.

In opposing the bill in committee and on the floor of both legislative houses, the solar industry and its allies were supported by the NJ Business and Industry Association and the state Chamber of Commerce.

A large number of union organizations lobbied in favor of the legislation.

Curiously absent from the legislative debate were environmental organizations, like the NJ Environmental Federation and the Sierra Club, which normally are outspoken advocates of alternative energy technologies and projects.

Your views? Use the comment box below. If you don't see it, click on the tiny 'comments' line.

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Jersey Republicans key to climate bill passage

Three Republican congressmen from New Jersey helped get the ferociously-lobbied Waxman-Markey climate-change bill through the House of Representatives yesterday on a narrow 219-212 vote.

They were among only eight Republicans in the House who voted for the bill, while 44 Democrats voted opposed it.

The legislation, called 'historic' by President Obama, is Congress’s first attempt to address global warming by curbing greenhouse gases and establishing a cap-and-trade system. It now goes to the Senate where the lobbying is expected to only increase.

The New Jersey Republican votes were extremely valuable since dozens of conservative Democrats--especially those in vulnerable district--had made it clear they would never support cap-and-trade legislation.

The GOP, seizing on 'cap and trade' as a key political issue for 2010 campaign, emptied their rhetorical bag of apocalyptic warnings in testimony against it.

Michelle Bachmann (R-MN) told her colleagues: “We get to choose. We choose liberty, or we choose tyranny — it’s one of the two.” Geoff Davis (R-KY) said the bill represents the “economic colonization of the heartland” by coastal states and Devin Nunes (R-CA) pictured it as the culmination of “the twisted desires of radical environmentalists.”

New Jersey's House delegation--except for Republicans Scott Garrett and Rodney Frelinghuysen--chose to heed the advice of such 'radical environmentalists' as Ralph Izzo, president of the state's largest utility, PSEG.

Izzo said the legislation would "provide business leaders with a level of certainty that will allow them to plan and expand, and it will create jobs that will usher in a new green economy." Wow, now that's radical, no?

New Jersey Republicans Leonard Lance, Chris Smith and Frank LoBiondo joined with Democrats Albio Sires, Bill Pascrell, Donald Payne, Rush Holt, Rob Andrews, John Adler, Frank Pallone, and Steve Rothman in casting yes votes.

As always, your opinions are encouraged. Use the comment box below. If you don't see one, click on the tiny 'comments' line.

RELATED:
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In Close Vote, House Passes Climate Bill
Key provisions in the legislation
GOP Senators Pledge to Fight Climate Bill
House Passes Bill to Address Threat of Climate Change
Winners and losers emerge in carbon economy

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Big environmental day in NJ Legislature

In their final voting sessions prior to summer recess, members of the New Jersey Senate and Assembly last night took action on a host of environmental bills.

Among those receiving final passage and sent to the governor's desk were bills that:

• Place on the November, 2009 election ballot a $400 million open-space and farmland preservation bond issue question .
  


• Make it more difficult for local zoners to block the construction of wind and solar energy facilities.
  


• Authorize counties and towns to acquire land for resale or lease with agricultural deed restrictions attached for farmland preservation purposes.
  


• Appropriate funds to DEP for environmental infrastructure projects.
  


• Authorize the New Jersey Environmental Infrastructure Trust
  to make loans for environmental infrastructure projects.
  


• Extend the deadline for municipal recycling coordinators' educational requirements.
  


• Allow developers with approved but un-built housing projects aimed at buyers aged 55 and older to be able to seek permission
  to eliminate the age restrictions.

To learn more about each of the bills above... and much more...
sign up now for a FREE, 30-day trial subscription to our daily
e-newsletter, EnviroPolitics. We'll start your trial with today's

issue which will contain a listing of all action taken on enviro-

bills in the legislature yesterday, plus individual news stories

on a number of them. It's typical of the valuable information

you'll find every day with your trial subscription. Don't miss it!

Questions? Contact us at editor@enviropolitics.com
or Call 215-295-9339

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Are you sure the NJ Sierra Club said that?