THE TAILOR'S EMPTY SUIT

Thursday October 15, 2009

Buried in the 416-page preamble of its greenhouse gas "tailoring" rule, EPA makes plain that the owner of the local Dunkin Donuts should be very concerned. While EPA proposes to exempt such a facility from draconian greenhouse gas permitting obligations under the Clean Air Act, it also notes that this GHG exemption does not apply at the state level. Furthermore, the exemption is only temporary; EPA says that after studying the issue for 5 years, it could very well devise a regulatory scheme that covers greenhouse gas emissions from pizza parlors, nursing homes, and apartment buildings.

Of course NRDC says not to worry-EPA only wants to "focus on the big stuff." That is true, for now. In the tailoring preamble, EPA is clear that it will get your local pizza parlor eventually. "In addition," EPA wrote, "EPA commits to propose and promulgate a rulemaking-informed by the study-within 6 years from the effective date of a final version of this rulemaking (i.e., 1 year from the completion of the study) that would establish the second phase, which would either reaffirm the GHG permitting thresholds, promulgate alternative thresholds, adopt other streamlining techniques, and/or take other action consistent with the goal of expeditiously meeting CAA requirements in light of the administrative burden that remains at that time."

As the for the next five years, EPA explains that requirements for sources that emit less than 25,000 tons of greenhouse gases annually-farms and schools, for example-will not be "federally enforceable." In other words, EPA will let facilities emit more than the 100 or 250 tons of per year of GHGs (limits that are clearly delineated in the Clean Air Act and which EPA is clearly traducing with the tailoring rule).

Thousands showed up Tuesday night to public hearings held by the Army Corps of Engineers in Pikeville, Kentucky; Charleston, West Virginia; and Knoxville, Tennessee to demonstrate their support for their jobs and energy security. Last night kicked off a series of six Corps hearings on the proposed suspension of the Nationwide Permit 21 (NWP 21) in the six state Appalachian region. Tomorrow, Thursday, October 15, the Corps will hold the remaining three hearings in Pittsburgh, Pennsylvania; Cambridge, Ohio; and Big Stone Gap, Virginia. The NWP 21 permit allows for environmentally responsible coal production while minimizing unnecessary bureaucratic delays. Maintaining the NWP 21 is essential to keeping thousands of high-paying jobs in the Appalachian region.

The head of the Congressional Budget Office on Wednesday countered Obama administration claims that a landmark climate bill would be a boost to the economy.

President Barack Obama and Senate Democrats championing the bill have said mandating greenhouse-gas caps, renewable energy and efficiency standards would be a boon to an ailing economy, creating new low-carbon industries. Millions of so-called green jobs would be created under the cap-and-trade legislation being considered in the Senate, Democrats say.

CBO Director Douglas Elmendorf warned a Senate energy panel that there would be "significant shifts" from emissions-intense sectors such as oil and refining firms to low-carbon businesses such as wind and solar power.

"The net effect of that we think would likely be some decline in employment during the transition because labor markets don't move that fluidly," Mr. Elmendorf said, testifying before the Senate Energy and Natural Resources Committee.

"The fact that jobs turn up somewhere else for some people does not mean there aren't substantial costs borne by people, communities, firms and affected industries," he said.

"What happened to global warming?" read the headline - on BBC News on Oct. 9, no less. Consider it a cataclysmic event: Mainstream news organizations have begun reporting on scientific research that suggests that global warming may not be caused by man and may not be as dire and imminent as alarmists suggest.

Indeed, as the BBC's climate correspondent Paul Hudson reported, the warmest year recorded globally "was not in 2008 or 2007, but 1998." It's true, he continued, "For the last 11 years, we have not observed any increase in global temperatures."

At a London conference later this month, Hudson reported, solar scientist Piers Corbyn will present evidence that solar-charged particles have a big impact on global temperatures.

Western Washington University geologist Don J. Easterbrook presented research last year that suggests that the Pacific decadal oscillation (PDO) caused warmer temperatures in the 1980s and 1990s. With Pacific sea surface temperatures cooling, Easterbrook expects 30 years of global cooling.

EPA analyst Alan Carlin - an MIT-trained economist with a degree in physics - referred to "solar variability" and Easterbrook's work in a document that warned that politics had prompted the Environmental Protection Agency and countries to pay "too little attention to the science of global warming" as partisans ignored the lack of global warming over the past 10 years. At first the EPA buried the paper, then it permitted Carlin to post it on his personal Web site.

The recent corporate resignations from the U.S. Chamber of Commerce have played in the media as a case of enlightened corporate stewardship vs. blinkered old businesses. But there's far more to this story-not least the way that Apple and Nike are putting green political correctness above the long-term interests of their own shareholders.

The Chamber needs "a more progressive stance on this issue" of climate change, declared Apple Vice President Catherine Novelli in a letter of resignation from the business lobby on October 5. Added Nike, announcing its resignation on September 30 from the Chamber board though retaining its membership: "US businesses must advocate for aggressive climate change." Both decisions were ostentatiously leaked to the media.

The first point to understand is the role of Al Gore, who is a member of the Apple board and perhaps the leading supporter of President Obama's cap-and-tax anticarbon legislation. Mr. Gore has also invested in renewable energy technologies that could make him even richer than he already is if new climate rules make renewables more competitive with carbon energy.

This headline may come as a bit of a surprise, so too might that fact that the warmest year recorded globally was not in 2008 or 2007, but in 1998.

But it is true. For the last 11 years we have not observed any increase in global temperatures.

And our climate models did not forecast it, even though man-made carbon dioxide, the gas thought to be responsible for warming our planet, has continued to rise.

So what on Earth is going on?

Climate change sceptics, who passionately and consistently argue that man's influence on our climate is overstated, say they saw it coming.

They argue that there are natural cycles, over which we have no control, that dictate how warm the planet is. But what is the evidence for this?

During the last few decades of the 20th Century, our planet did warm quickly.

Sceptics argue that the warming we observed was down to the energy from the Sun increasing. After all 98% of the Earth's warmth comes from the Sun.

But research conducted two years ago, and published by the Royal Society, seemed to rule out solar influences.

The scientists' main approach was simple: to look at solar output and cosmic ray intensity over the last 30-40 years, and compare those trends with the graph for global average surface temperature.

And the results were clear. "Warming in the last 20 to 40 years can't have been caused by solar activity," said Dr Piers Forster from Leeds University, a leading contributor to this year's Intergovernmental Panel on Climate Change (IPCC).

But one solar scientist Piers Corbyn from Weatheraction, a company specialising in long range weather forecasting, disagrees.

He claims that solar charged particles impact us far more than is currently accepted, so much so he says that they are almost entirely responsible for what happens to global temperatures.

He is so excited by what he has discovered that he plans to tell the international scientific community at a conference in London at the end of the month.

If proved correct, this could revolutionise the whole subject.

The Senate Environment and Public Works chairwoman said today that she won't schedule hearings and a markup of global warming legislation until U.S. EPA completes its analysis of the measure.

Sen. Barbara Boxer (D-Calif.) explained that because the bill she has written with Sen. John Kerry (D-Mass.) is so close to the climate measure that passed the House in June, EPA's analysis should not take long.

"We're thinking, maybe, it would take two weeks," Boxer said. "We don't know."

EPA during the spring House debate produced two sets of analyses on the climate bill drafted by Energy and Commerce Chairman Henry Waxman (D-Calif.) and Rep. Ed Markey (D-Mass.). The first study came out on April 21, three weeks after Waxman and Markey released draft legislation that left blank key sections about which industries would get allocations.

Boxer and Kerry took a similar approach with their bill, leaving blank the details on allocations. EPA took six weeks before it put a price tag on the legislation once it had Waxman and Markey's allocation language.

EPA spokeswoman Betsaida Alcantara said the agency is still "awaiting the complete specifications" on the bill before it begins its analysis.
Three top Republicans on the Senate Environment and Public Works Committee are calling on the Obama administration to release detailed records about how White House energy and climate adviser Carol Browner is influencing policies at U.S. EPA.

"We are concerned about the role of Presidential 'czars' and their influence over regulatory policy-making at federal agencies," Sens. James Inhofe (R-Okla.), David Vitter (R-La.) and John Barrasso (R-Wyo.) wrote in a letter yesterday to top administration officials.

Obama's policy czars "appear to have decision-making authority commensurate with Senate-confirmed, Cabinet level officials," the senators wrote. "For this reason, we are requesting specific information about White House Coordinator of Energy and Climate Policy Carol Browner, and how her office has exercised authority over the Environmental Protection Agency."

The senators sent their request to EPA Administrator Lisa Jackson, head of the White House regulatory review office Cass Sunstein, White House Council on Environmental Quality Chairwoman Nancy Sutley, Transportation Secretary Ray LaHood and Energy Secretary Steven Chu.

A free-market advocacy group has launched another attack on the science behind U.S. EPA's proposed finding that greenhouse gases endanger human health and welfare.

The Competitive Enterprise Institute -- a vocal foe of EPA's efforts to finalize its "endangerment finding" -- petitioned the agency this week to reopen the public comment period on the proposal, arguing that critical data used to formulate the plan have been destroyed and that the available data are therefore unreliable.

At issue is a set of raw data from the Climatic Research Unit at the University of East Anglia in Norwich, England, that includes surface temperature averages from weather stations around the world. According to CEI, the data provided a foundation for the 1996 second assessment report by the Intergovernmental Panel on Climate Change, which EPA used when drafting its endangerment proposal.

According to the Web site for East Anglia's research unit, "Data storage availability in the 1980s meant that we were not able to keep the multiple sources for some sites, only the station series after adjustment for homogeneity issues. We, therefore, do not hold the original raw data but only the value-added (i.e. quality controlled and homogenized) data."