In support of President Donald Trump’s America-First Offshore Energy Strategy, the Department of the Interior (Department) and the Bureau of Ocean Energy Management (BOEM) today announced a final rule to update air quality regulations for applicable BOEM activities in the Central and Western Gulf of Mexico and off the coast of Alaska’s North Slope Borough. The new rule does not relax any standards for regulating air quality, uses the best available science and makes important technical and compliance-related updates to bring the regulation into this century.
“Under the President’s leadership, the Department has taken numerous, commonsense actions resulting in billions of dollars in deregulatory savings, and we will continue to take actions to better serve the American people,” said Secretary David L. Bernhardt. “The final rule released today incorporates current standards, creates consistency with the statutory authorities and is one more step in the right direction.”
The final rule respects the clear and distinct authority Congress delegated to the Department. The Department’s jurisdiction is limited to activities authorized under the OCS Lands Act in the Central and Western Gulf of Mexico and offshore the North Slope Borough of Alaska. The U.S. Environmental Protection Agency (EPA) has air quality jurisdiction over all other parts of the OCS. It is also limited to regulating offshore emissions of criteria and their precursor pollutants to the extent they significantly affect the air quality of any state. With this clear mandate, the final rule operates within these parameters to improve air quality.
“Offshore energy development accounts for 18 percent of our nation’s oil production and billions of dollars in revenues for the states, the Land and Water Conservation Fund, and the American people,” said Deputy Secretary of the Interior Kate MacGregor. “This commonsense update brings the Department’s regulations in line with current standards and within our distinct, statutory mandate.”
The final rule provides a commonsense approach to ensure BOEM’s Air Quality Regulatory Program remains in compliance with the OCS Lands Act requirements by ensuring that BOEM uses up-to-date air quality standards (i.e., National Ambient Air Quality Standards (NAAQS)) and benchmarks consistent with those already established by the EPA.
Summary of Changes under the Final Rule
Pursuant to Executive Order (E.O.) 13795 signed by President Trump and Secretary’s Order (S.O.) 3350, BOEM reviewed its 2016 Proposed Rule on Air Quality Control, Reporting, and Compliance. As a result of this review and analysis of comments received on the proposed rule, BOEM’s final rule adopts the following, notable changes:
1 Compliance with NAAQS. As was the case with the proposed rule, this final rule adds a definition of the NAAQS. It also clarifies that the Department’s reporting and compliance requirements apply to the emissions of all pollutants on the OCS for which a national ambient air quality standard has been defined.
2 Updating Significance Levels (SLs). The final rule replaces the table of SLs in BOEM’s existing regulations – dating back to 1980 – with a revised table, which is based on values set forth in EPA’s regulations (40 CFR 165.51(b)(2)). BOEM will continue to update the table of SLs as appropriate, which will save operators from having to search for the SLs in EPA’s regulations.
3 New Requirements for PM2.5 and PM10. This final rule replaces the former criteria air pollutant “total suspended particulates (TSP)” modeling requirements with new modeling requirements for the criteria pollutants “particulate matter 10” (PM10) and “particulate matter 2.5” (PM2.5). BOEM is also updating its forms to enable lessees and operators to identify, report, and evaluate PM2.5 and PM10 pollution in the air quality spreadsheets that they submit in connection with their exploration or development plans.
4 Emissions Exemption Thresholds. The final rule also updates existing regulations that refer to Emissions Exemption Thresholds to clarify that these formulas apply equally to Development and Production Plans (DPPs) and Development Operations Coordination Documents (DOCDs). This update will not lead to a change in practice because BOEM has always applied its existing regulations on air quality to both DPPs and DOCDs.
5 Clarifying Terminology. The final rule updates various terminology to better clarify the intent of the regulations. For example, the final rule replaces the term “air pollutant” with the term “criteria air pollutant.” Under the OCS Lands Act, BOEM regulates the emissions of criteria air pollutants, since those represent pollutants for which the EPA has defined a NAAQS. BOEM regulates only those emissions that could affect BOEM’s obligation to ensure compliance of state air quality with the NAAQS, so previously using the term “air pollutant” was not appropriate.
6 Air Quality Spreadsheets. With the implementation of the new air quality rule, BOEM is also updating the Office of Management and Budget (OMB)-approved air quality spreadsheets, BOEM-0138 (for exploration plans) and BOEM-0139 (for DOCDs, and DPPs). The lessee or its designated operator must use these forms for proposed operations in areas of BOEM air quality regulatory jurisdiction. Concurrent with these changes, BOEM is phasing out its previous practice of including the emissions from transiting support vessels in the EET calculations, consistent with BOEM’s statutory mandates. Air quality modeling will henceforth only be required in situations when a regulated facility, exclusive of support vessels, exceeds the relevant EET.
On April 5, 2016, BOEM proposed regulations to update air quality regulations promulgated by the Secretary of the Interior almost 40 years ago.
On April 28, 2017, President Trump issued E.O. 13795 titled, “Implementing an America-First Offshore Energy Strategy.” The E.O. directed the Secretary of the Interior to “take all steps necessary to review BOEM’s Proposed Rule entitled ‘Air Quality Control, Reporting, and Compliance,’ along with any related rules and guidance, to determine whether it should be revised or withdrawn.”
On May 1, 2017, in response to E.O. 13795, the Secretary of the Interior issued S.O. 3350, requiring the Director of BOEM to “provide to the ASLM, the Deputy Secretary, and Counselor to the Secretary for Energy Policy, a report explaining the effects, if any, of not issuing a new rule addressing offshore air quality, and providing options for revising or withdrawing the proposed rule consistent with the policy set forth in section 2 of the E.O.” This final rule is consistent with the policies of those orders.
BOEM promulgated the final rule after careful analysis of comments received in response to the proposed rule, including those provided by other government agencies, industry and non-governmental organizations. A summary of the relevant comments and BOEM’s response to them can be found in the final rule.
More information about the final rule can be viewed here.
Alabama Gulf Coast beaches remain closed for now
Alabama Gov. Kay Ivey announced that beaches will remain closed for now due to ongoing repair and cleanup efforts in the wake of Hurricane Sally.
“Working closely with Gulf Shores Mayor Robert Craft and Orange Beach Mayor Tony Kennon, as well as Commissioner Billy Joe Underwood, the governor has agreed to keep Baldwin County’s beaches closed until Friday, October 2nd,” the governor’s office said in a statement. “This will allow those communities additional time to get their beaches ready for public enjoyment in a safe, responsible manner.”
Mobile County beaches might open earlier than that.
“Likewise, the governor has been in touch with Mayor Jeff Collier, and she is prepared to amend the beach closure order for Mobile County when he signals that Dauphin Island is ready to reopen their beaches,” the governor’s office said in a statement. “At the present time, all Alabama beaches remain closed until further notice.”
Hurricane Sally came ashore near Gulf Shores on Sept. 16 as a category two hurricane with 105 mile per hour winds. Numerous homes, businesses and farms have been destroyed and many more have seen serious damage.
“As of Wednesday night, approx. 37,000 cubic yards of Hurricane Sally debris (equivalent to roughly 1,700 truck loads worth) has been picked up in Orange Beach since Sunday (4 days),” the city of Orange Beach announced. “Kudos to our debris contractor CrowderGulf.”
“I spent Sunday afternoon meeting with senior staff and I believe we will need some time to get our buildings safe for children to return,” said Baldwin County Schools Superintendent Eddie Taylor in a letter to parents. “We live in a very large county. Power may be on in your area and your school may not have any damage, but we cannot open schools unless all schools can open. Our pacing guides, state testing, meal and accountability requirements are based on the system, not individual schools.”
“We have schools without power and for which we do not expect power until later this week,” Taylor said. “In this new age, we need internet and communications which are currently down so we cannot run any system tests. We have physical damage at our schools including some with standing water, collapsed ceilings and blown out windows. We have debris on our properties and debris blocking our transportation teams from picking up students. All of this must be resolved before we can successfully re-open.”
“If everything goes as planned, I expect we will welcome back students on Wednesday, September 30,” Taylor said. “Prior to returning students to school, we will hold two teacher work days to get our classrooms and our lessons plans back on track.”
Bidens suggest that Hurricane Sally due to climate change
Former Vice President Joe Biden and his wife, Dr. Jill Biden, released a joint statement this week on Hurricane Sally, suggesting that the hurricane and fires in the West are due in part to or exacerbated by climate change.
“Jill and I are praying for everyone from the Gulf Coast in Louisiana, Mississippi, Alabama, Georgia, and Florida and up the East Coast into the Carolinas as Hurricane Sally unleashes fury and flood that are leaving hundreds of thousands of people without power and evacuating their homes and businesses,” the Bidens wrote. “Our hearts are also with everyone in California, Oregon, Washington, Colorado, and across the West who have lost everything and the firefighters and first responders who are risking their lives as the wildfires rage on and ash falls from an orange sky.”
“Every year the devastating impacts of climate change — in billions of dollars in damage, in immeasurable loss of lives and livelihoods — sets new records of destruction in big cities, small towns, on coastlines, and farmlands across the country,” the Bidens wrote. “It is happening everywhere. It is happening now. And it’s all happening while we fight off a historic pandemic and economic recession.”
But it doesn’t have to be this bad, the Bidens wrote.
“We have to come together as a nation guided by science that can save lives,” the Bidens wrote. “And grounded by economics that can create millions of American jobs — union jobs — to make us safe, stronger, and more resilient to a changing climate and extreme weather that will only come with more frequency and ferocity.”
“And we have to keep the faith in the capacity of the American people — to act, not deny, to lead, not scapegoat, and to care for each other and generations to come,” the Bidens concluded.
Hurricanes are not new to the Alabama Gulf Shore. Since 1852, at least 27 hurricanes have hit the state of Alabama gulf coast, with Katrina in 2005 being the most recent until Sally on Wednesday.
By comparison there were four hurricanes to strike the state between 1912 and 1917 and five between 1852 and 1860.
Democrats claim that President Donald Trump’s policies on climate change are having a negative effect on the planet and that a Biden administration would be better at reducing U.S. CO2 emissions.
Biden and Trump will be on the Nov. 3 general election ballot.
Plume site under downtown Montgomery removed from EPA superfund priority list
A toxic plume that formed underneath several blocks of downtown Montgomery is being removed from the EPA’s superfund priority list after years of cleanup efforts have reduced the threat to the public, the agency and the Alabama Department of Environmental Management announced on Wednesday.
Known as the Capital City Plume, the 50-block area of contaminated groundwater and soil covered much of downtown Montgomery and required millions of dollars in remediation costs. The city, county and a coalition of downtown businesses took control of the site in 2015, in an agreement with the EPA, and sped up cleanup efforts.
The site was first discovered in 1993 and the EPA took control shortly thereafter, but very little remediation occurred because the agency could not definitively identify businesses that were responsible for the contamination.
The city’s agreement with EPA put to rest the issue of responsibility and allowed for a shared responsibility that apparently resulted in faster cleanup.
“This is validation of all the hard work by many parties – city, county, state, federal and business entities – over many years to address and resolve a real environmental challenge,” said ADEM Director Lance LeFleur. “It couldn’t have happened without all the parties deciding we needed a plan to tackle the problem and agreeing to work together to carry it out. Now, this area of downtown Montgomery that has already seen significant redevelopment and reuse can blossom even more.”
The removal of the site from the National Priorities List should also remove burdensome and costly testing that hampered additional growth in many areas of downtown Montgomery.
“This announcement charts a path forward for our community and is essential to our vision for a stronger, more vibrant downtown core,” Montgomery Mayor Steven Reed said. “We commend the collaboration and steady resolve of the Alliance, ADEM, the EPA and everyone involved in doing what is right for our city and our region. Moving forward, we are committed to continue building on this success as we expand economic opportunity and progress in Montgomery.”
The Downtown Alliance, as the collection of businesses, city, county and state government entities was known, was the brainchild of former Montgomery Mayor Todd Strange and attorneys negotiating with the EPA. At the time, it was a first-of-its-kind agreement.
Alabama Power extends summer pool on Lake Martin into fall
Last week, Alabama Power announced that it is extending the summer pool on Lake Martin into fall, allowing more boating and recreational opportunities than would be possible if the implementation of the winter drawdown began last Tuesday as scheduled.
Hydro Services manager Jim Crew said that the fall extension is granted because water is plentiful throughout the Tallapoosa and Coosa river basins and conditions are met at Alabama Power dams across the system.
Until Oct. 15, Lake Martin’s water level will remain at 491 feet mean sea level. After that date, the level gradually will be drawn down to 484 feet mean sea level by the third week of November. The seasonal drawdown has several advantages, the most important of which is flood prevention. The winter pool level provides storage space in the reservoir system for spring rains.
At the local level, the lower water allows repairs and improvements to docks that are underwater during the summer. The drawdown also allows more access to the lake bottom during winter cleanup efforts and assists in the control of some invasive weed species along the shoreline as well.
Alexander City Chamber of Commerce President and CEO Ed Collari said that extending the summer pool level offers economic benefits to Lake Martin communities that provide services to part-time lake residents and visitors.
“Economically, that’s great news for our community,” Collari said. “The increased lake levels will allow people to continue to enjoy the lake into the fall. We’ve seen already this year what having people here around the lake will do, as that’s reflected in our community sales tax levels. The higher water level will encourage people to spend more time in our communities.”
Alabama Power is licensed to operate Martin Dam and manage the reservoir. The license stipulates Sept. 1 as the drawdown commencement date unless four specific criteria are met, indicating that the system of reservoirs on the Tallapoosa and Coosa rivers contains enough water to maintain navigation levels downstream.
The conditional fall extension of the summer pool is new to the licensing terms for Lake Martin. It was not included in license terms of Alabama Power’s earlier licenses, but the Federal Energy Regulatory Commission added it to the license issued in December 2015 after the lake community overwhelmingly argued for it.
Analysis of data at that time indicated the fall extension could be expected to occur about once every four years; however, this is the third year since the license has been in effect the fall extension has been granted.
Rainfall has been far above average in the Lake Martin area this year. Normal precipitation for the period of January through August is just under 39 inches, but more than 54 inches of rain have fallen in the lake area so far, according to the National Weather Service.
Alabama Power representatives urge boaters to enjoy the extension of summer safely.
Individuals with boats and other water-related equipment and facilities should always be alert to changing conditions on Alabama Power reservoirs and be prepared to take the necessary steps to protect their properties.
Manmade lakes across Alabama provide fishing, boating and recreational opportunities to people across Alabama. It also provides habitat for wildlife including ducks, geese, turtles and many other water birds including seagulls.
The lakes provide plenty of cheap, renewable electric power through the hydro-electric dams Alabama Power operates while increasing shoreline habitat and flood control.
For more information about Alabama Power lakes, download the new Smart Lakes app or visit apcshorelines.com. You can call 800-525-3711 for lake condition updates.