EPA forced to confront water pollution in Rhode Island


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Mashapaug Pond

Conservation Law Foundation (CLF) argued Tuesday before the United States District Court for the District of Rhode Island concerning the failure of the U.S. Environmental Protection Agency (EPA) to adequately protect Rhode Island waterbodies from ongoing and devastating stormwater pollution. Despite determinations from EPA and Rhode Island’s Department of Environmental Management (DEM) that Mashapaug Pond, Bailey’s Brook, North Easton Pond, and other nearby waters are seriously harmed by runoff from surrounding commercial and industrial properties, EPA failed to require dischargers to obtain the necessary permits under the federal Clean Water Act.

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Mashapaug Pond

“One of the great sources of pride for Rhode Island – the Ocean State – ought to be our ponds, rivers and beautiful coastline, but decades of toxic runoff has imperiled our waters, closed our beaches and endangered important wildlife habitats,” said CLF attorney Max Greene. “There’s no question that nasty pollutants like nitrogen and phosphorus, the precursors to toxic algae blooms, are constantly flowing from industrial campuses and commercial shopping centers into nearby waterways, yet EPA has sat on its hands rather than take the legally-required steps to address this rampant contamination. Today, EPA was forced to answer for that neglect in federal court, and we’re optimistic that Rhode Island waters will soon be on the path to recovery.”

Today’s hearing comes on the heels of an announcement from Rhode Island DEM earlier this month that lower Narragansett Bay, lower Sakonnet River, and a portion of Rhode Island Sound are being closed due to toxic shellfish findings associated with harmful algae blooms.

For more information on CLF’s fight to protect Rhode Island from stormwater runoff, please see CLF’s white paper on the issue, “Closing the Clean Water Gap: Protecting our Waterways by Making All Polluters Pay.”

A copy of CLF’s filing can be read here, and photos of the endangered Mashapaug Pond can be seen here.

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CLF announces historic settlement on Johnston Landfill


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clf conservation law foundationConservation Law Foundation (CLF) announced a historic settlement agreement today in its lawsuit against the owners and operators of Central Landfill in Johnston, Rhode Island. In December 2013, CLF filed a Clean Air Act suit against the Rhode Island Resource Recovery Corporation (RIRRC), Broadrock Gas Services, LLC (BGS), and Rhode Island LFG Genco, LLC (RILG). RIRRC owns Central Landfill, BGS operates the gas collection system, and RILG uses the gas to fuel their electricity-generating facilities located next to the landfill. CLF’s suit alleged that the gas generated at the landfill was being inadequately collected or destroyed and that the landfill’s owner and operators failed to obtain the legally-required operating permit since 1997.

“Landfills produce gases that must be controlled in order to avoid risks to the health and wellbeing of surrounding communities,” said CLF attorney Max Greene. “Today’s agreement goes a long way toward enhancing gas generation and collection at Central Landfill in Johnston. By harnessing the gas for electricity generation and preventing it from escaping into the atmosphere, we protect our neighborhoods for generations to come.”

Under the settlement, RIRRC, BGS and RILG will hire an engineering firm to perform an assessment and recommend projects that will enhance gas generation and the performance of the collection system. The engineering firm also will examine and recommend improvements to an existing network of ambient-air monitors that test for hydrogen sulfide, a landfill-gas component, in the surrounding neighborhoods. The parties will evaluate these recommendations and undertake such projects.

In addition, for the first time, the Rhode Island Department of Environmental Management intends to issue a single Clean Air Act operating permit to govern the landfill.

“The issuance of a single operating permit covering the entire landfill is deeply important,” continued Greene. “Judges have called this type of permit ‘a source-specific bible for Clean Air Act compliance.’ Now, Central Landfill will finally have this important tool.”

[From a press release]

RIDEM issues blistering critique of Invenergy’s power plant application


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2016-03-31 Burrillville EFSB 002RIDEM’s third data request to Invenergy, released yesterday, reads as a devastating critique of the proposed $700 million fracked gas and diesel oil burning power plant. If Governor Gina Raimondo was serious when she recently told ecoRI News that, “…if there are issues then the plant won’t go forward,” then the project is dead on arrival.

In addition to “missing info” that renders the application incomplete, on page 3 the Rhode Island Department of Environmental Management notes that impact of the the various projects in Burrillville has been fragmented, making the cumulative impact of Invenergy’s proposed power plant; Spectra Energy’s Aim Project; Eversource Energy, National Grid and Spectra Energy’s Access Northeast project and TransCanada’s Ocean State Power difficult to determine.

“For the purposes of comparing costs and benefits to wildlife, all of the existing and proposed work related to increased natural gas operations (processing and transport) in Burrillville should be reviewed as a single and complete project,” says RIDEM, “Piecemeal review of related projects in different stages by different applicants undercounts their cumulative impacts from loss of forests and fragmentation, air, noise and light pollution etc. in an area of the state that has been a longstanding conservation priority.”

On page 7, RIDEM alleges that the “applicant makes several confusing and conflicting assertions about the purpose and need for the project…

“The emissions and cost-benefit analyses both primarily only list benefits. A proper analysis should include costs, yet there is no mention of loss of forests, biodiversity, ecosystem services etc… This seems particularly important since the application notes that the majority of the benefits outlined (e.g. construction jobs and energy costs savings) would be rather short-lived and the majority of the foreseeable costs would be long term or permanent.”

When it comes to selling the idea of a fracked gas power plant, the RIDEM data request accuses Invenergy of circular logic. “A pointed example includes dismissing hydropower in the Power Generation Alternatives section (and omitting it from all other sections) solely because it would not be appropriate on the proposed [power plant] site, which was selected for proximity to the gas line, and then dismissing alternative project locations because they do not have the desired natural gas infrastructure.”

Further, the “premise that natural gas is the only way to meet [New England’s energy] demand is not borne out by the information provided,” says RIDEM.

RIDEM’s report to the Energy Facility Siting Board (EFSB) will be shaped by Invenergy’s answers to these and other questions. Though these questions raise serious doubts about the need for the new plant and Invenergy’s integrity in preparing its application, ultimately the EFSB takes RIDEM’s report as advisory only, meaning the board could choose to approve the project despite these issues.

Yet Governor Gina Raimondo’s words, that “if there are issues then the plant won’t go forward,” ring loudly here. The issues raised in this set of data requests are serious, and the questions raised must be addressed honestly.

Raimondo

Patreon

“Zero-emission” cars running on fracked gas


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In an editorial this week in the ProJo, Janet Coit and Marion Gold come to the rescue of embattled Governor Gina Raimondo.   Janet Coit is Director of Rhode Island’s Department of Environmental Management and Marion Gold is Commissioner of the Rhode Island Office of Energy Resources.  Both serve at the pleasure of the governor and whatever strengths, independence is not one of them.

Governor Raimondo has troubling connections to Wall Street going back to her days as Rhode Island treasurer.  Here are just two of a recent flurry of publications questioning the pension fund reforms that she pushed through in those days:

One of Governor Raimondo’s key supporters is John Arnold, a former Enron trader who went on to found a profitable hedge fund.

The irony of the Coit-Gold ProJo editorial is that it’s based on Enron-style accounting, used in this case to hyper-inflate Governor Raimondo’s “visionary” contributions to the climate change battle.

In their editorial Coit and Gold mention that RI ranks number four on the State Energy Efficiency Scorecard put out by ACEEE.  You do not have to know how this ranking is produced to understand that it is pure bunk.  Just look at what the Energy Information Adminstration web site has to say about Rhode Island:

  • Natural gas fueled 95% of Rhode Island’s net electricity generation in 2014.
  • Rhode Island is the second-lowest emitter of carbon dioxide among all states. Like the lowest emitter, Vermont, Rhode Island does not have any coal-fired electricity generation.

Natural gas is mostly methane. It is a greenhouse gas that is about 100 times as potent as CO2.  Methane is burned and escapes unburnt to generate Rhode Island electricity, but we put all of those climate threatening emissions on our neighbors’ tabs.

There is more about the ACEEE rating of Rhode Island as fourth in the nation that is disconcerting.  Scan the ACEEE web site and you quickly discover that they mention EPA’s Clean Power Plan again and again.  There are some minor problems with this plan:

Obama’s “Clean Power Plan” is a huge gift to the methane (“Clean Energy”) industry — we’ll show you how in a minute. And guess who’s big in methane? Big oil, of course […]

The plan fits perfectly with Obama’s general practice of saying one thing and doing the opposite.

Director Coit is one of the members of the Energy Facility Siting Board that is currently deliberating the fate of the new fracked-gas power plant with the Orwellian name Clear River Energy Center, Invenergy’s plan to sacrifice Burrillville to unfettered greed.

Coit is publicly on record with her support of methane:

With her so-called pragmatism, doesn’t Director Coit not sound remarkably like House Speaker Mattiello?

In the Coit-Gold editorial there is not a word about Clear River, nor about the natural gas that already produces 95% of RI’s electrical power.  There is no mention that Governor Gina Ms Wall Street Raimondo is on record supporting fracked gas.  That silence must be “because there is a fire wall,” as Director Coit said in the preliminary hearing of the siting board last week.  How convenient!

Picture by Pia Ward
Picture by Pia Ward

As the Clear River theater of the siting board progresses, we might hear about the CO2 emissions the power plant will produce in Rhode Island.  What we will not hear from the Governor and her allies on the board is to whom we will charge the fugitive methane.  Most of that escapes at the wellheads in Pennsylvania and along the pipelines and from the compressor stations.  Nor will we hear about the suffering it causes to the people on the frontlines in Burrillville and across the globe.  None of that, but we’ll follow the statutes, because we are a nation of laws.

Indeed, all of the Enron-style accounting is perfectly legal, but, dear reader, you surely do not believe any more than I do, that Mother Nature is impressed.

There is yet another accounting trick buried in the Coit-Gold editorial: the Zero-Emission Vehicle Action Plan.  True, we need electric cars and they have no tail pipes that emits CO2.  Still, the electric energy such cars use has to be generated somewhere.  If  it comes from renewables we win; if we generate it with fracked gas, we loose.  The latter is of course exactly what will happen if we let Invenergy build the Clear River Energy Center.

We are constructing a 30 megawatt wind farm off Block Island and are talking about a frack-gas facility with 30 times that capacity in Burrillville.  Accounting gimmicks devoid of physics may fool the people, the editor of the the ProJo and our hapless leaders, but none of that will change the laws of nature.

Update after the original post:  Senator Sheldon Whitehouse from National Grid has finally made up his mind and now supports the Clear River Energy Center.  He uses his same old arguments about choke points and price spikes. That was none of that last winter is but an irrelevant detail: As New England freezes, natural gas stays cheap.

Fossil Free RI statement on Invenergy power plant hearing


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Fossil Free RIAt its public meeting today, the Rhode Island Energy Facility Siting Board postponed ruling on giving grassroots groups and individuals the opportunity to get a fair hearing of their objections to the Clear River Energy Center, a fracked-gas power plant proposed by Invenergy, based in Chicago, IL.  The board will announce its final ruling on this matter at the next public hearing, scheduled for January 29.

The two remaining members of the three who should make up the board serve at the pleasure of Governor Raimondo, who is on record supporting expansion of the “natural” gas infrastructure. As a result, Janet Coit, one of the two board members, is in a bind.  She is Director of the Rhode Island Department of Environmental Management and an avid environmentalist.  Last summer, she spoke at the Sierra Club-sponsored rally, “The Environment is Everyone’s Business.”  Coit is painfully aware of the toll climate change is already taking on life in Narragansett Bay.  At the rally, she referred to a “profound experience” she had looking at colonial nesting birds on Hope Island. She said: “There are several islands in the Bay that used to host colonies of nesting terns and now they are submerged.”

Said Lisa Petrie of Fossil Free Rhode Island: “We’re calling on Governor Raimondo to wake up and recognize that building more gas-fired power plants threatens the future of our state and of humanity as a whole.”  Indeed, the Invenergy proposal is inconsistent with the U.S. Environmental Protection Agency’s 2009 Endangerment Finding, which determined that greenhouse gas emissions endanger public health and welfare of current and future generations.  This language parallels that of the 2007 denial of a fossil-fuel plant permit by Roderick Brembly, Secretary of the Kansas Department of Health and Environment. Obviously, team Raimondo is lagging reality by almost a decade.

Fossil Free Rhode Island reiterated that Governor Raimondo’s policies violate Article 1, Section 17 of the Rhode Island Constitution, the supreme law of the state, which clearly specifies the duty “to provide for the conservation of the air, land, water, plant, animal, mineral and other natural resources of the state.”

The Conservation Law Foundation has put forth that, by increasing Rhode Island’s greenhouse gas emissions, the Clear River Energy Center would violate the Resilient Rhode Island Act of 2014. The foundation urged the Board to terminate its deliberations, which would effectively deny Invenergy the permit it seeks.

The Burrillville Land Trust, in a blistering take down of Invenergy’s proposal, argued for the same and writes: “We are being denied an opportunity to respond in a meaningful way because of mis-information, inadequate information and outright absence of information.”

Governor Raimondo has tried to make the case that Invenergy’s Energy Center will bring jobs to Rhode Island.  The Rhode Island Building and Construction Trades Council, in its request for late intervention, agrees with the governor. This view is untenable and Fossil Free Rhode Island referred to a recent report of the Political Economy Research Institute of UMass in Amherst that states: “New investments in energy efficiency and renewable energy will generate more jobs for a given amount of spending than maintaining or expanding each country’s existing fossil fuel sectors.”

Fossil Free Rhode Island once again drew attention to current research that shows that, given the urgency of dealing with climate change, “natural” gas has a larger greenhouse gas footprint than coal and oil. In other words, Invenergy’s proposed power plant is bad for Rhode Island on all counts: physics, economics and morality.

Sister Mary Pendergast, one of the individual intervenors, said: “I do not think that the spiritual and moral issues of environmental ethics will be adequately represented by excluding my testimony. Any decision the Siting Board makes that is good for the corporation, but not for the environment, is a bad decision and we will live to regret it.”

The Board referred to the ambiguous rules under which they operate.  They seem to interpret the rules as the requirement of attorney representation. This interpretation would exclude virtually all members of the public who filed for the status of intervenor.  Pat Fontes, representing Occupy Providence, said: “The refusal to admit the voice of Occupy Providence in the deliberations of this board would symbolize and contribute to the likelihood that ‘government of the people, by the people, and for the people’ will indeed perish from the earth.”

[From a press release]

RI Future covered the hearing here: Strong public opposition to Burrillville power plant at hearing