Monday, December 27, 2021

United We Stand with Violet

 

In August 2021, the St. Bernard Parish Council voted unanimously to oppose Port NOLA's proposal in Violet, Louisiana. 

In December 2021, residents sued to preserve our community.

“Port NOLA is running roughshod over our community, completely disregarding the people who live here to force their massive container terminal on us,” said attorney Sidney Torres, III. “Literally millions of containers will be unloaded in our small town, destroying our way of life, endangering public health, damaging the environment, and decimating the economy.”

“Adding insult to injury is that there are more suitable locations that would make Louisiana more competitive, but these locations are being ignored because they fall outside of Port NOLA’s jurisdiction. It’s an age-old story of parochialism and greed, and it’s bad for the people of St. Bernard and the entire state,” he continued.


Read the law suit here


"Don't be surprised if this is the first you're heard of this. You might ask whatever happened to community engagement. Many people in St. Bernard are also just learning of the plan. Many did, however, turn out to convince the St. Bernard Parish Council to vote unanimously against this site." 

"One thing is clear. This is another time when New Orleans is serving as the canary in the mines. As infrastructure plans go forward across the country, communities will need to be vigilant to the possible community and destroying impacts if the planning does not respect them."     

The dark side of the coming infrastructure boom

By Jeanne Nathan, Crosstown Conversations N.E.W.S.

Thursday, December 23, 2021

Chalmette Refinery Environmental Assessment

 

There are growing concerns for the human environment along East St Bernard Highway in the area of the bike shop, produce stand, school board building, the Paul Noel youths recreational gym, Baptist Church and day care, and residential neighborhoods across the street from the Chalmette east tank farm area.

When first public noticed, the Chalmette refinery's application for a Pretreatment Unit/Renewable Diesel Unit, which will produce renewable biodiesel from renewable feedstocks such as soybean oil, distillers corn oil, and other biogenically-derived fats and oils, it was purported to be colocated at the existing Chalmette refinery, to be within the existing refinery footprint. With restrictions on the zoning for the tank farm, many of us incorrectly assumed this meant all industrial type activity other than the tank farm would occur at 500 W St Bernard Hwy, where it would have a much larger set back, away from the community.  

With the very small space between the refinery and the community, every foot of separation makes a difference.

Although the diesel unit will be carved out from the existing hydrocracker unit at the refinery campus, it now seems probable that the pretreatment unit and feedstocks delivery and discarded wastes temporary storage may occur East of Paris Road on E St. Bernard Hwy. Currently, new tank storage at that location requires the local Council grant a conditional use to include requirements to protect the community's health and quality of life. Hopefully the PTU processing and feedstocks activity in that area will also require such protections.

At this time, there is not much public information towards odors, dust, particulate matter, and emissions from the pretreatment processes and activities. However benign the PTU emissions may be -compared to petro-chemical processing- these emissions will still affect public health, air quality and human lungs and respiratory systems. 

LDEQ is fully expected to require the Chalmette refinery resubmit a more transparent and complete application and associated environmental assessment survey. Public notice and public participation information, including online submission of comments, should become readily available on the State Agency website, and include links to both the draft air permit proposal and EAS.

Without a complete and transparent EAS, it has been difficult to understand the impact to public health, our children, neighborhoods, shops, schools, churches, day care, youth sports, and school board services in this area.

Public comments already submitted on this issue can be viewed in LDEQ EDMS.
Comments before public hearing

Interfaith Coalition for Climate Change https://edms.deq.louisiana.gov/app/doc/view?doc=12907056

Residents from various neighborhoods, Holy Cross Neighborhood, ByWater Neighborhood, Lower Ninth, Arabi 

Comments at public hearing
Environmental Lawyer and Consultant from Baton Rouge, J O I N for clean air (Jefferson Orleans Irish Channel Neighborhoods for clean air), and Interfaith Coalition for Climate Change

Residents and above groups public hearing transcript

Other public comments
17 different residents from region  https://edms.deq.louisiana.gov/app/doc/view?doc=12993976


J O I N for clean air page 1, Resident page 106, Harahan / River Ridge group for air quality page 110, Concerned Citizens Around Murphy   page 113

Monday, December 20, 2021

sulfur dioxide non-attainment again

 

According to the Federal Registry The Environmental Protection Agency (EPA) is proposing to determine that the St. Bernard Parish sulfur dioxide (SO2) nonattainment area (“St. Bernard area” or “area”) failed to attain the primary 2010 one-hour SO2 national ambient air quality standard (NAAQS) under the Clean Air Act (CAA or the Act) by the applicable attainment date of October 4, 2018.

Submit public comments here on EPA's findings on sulfur dioxide concentrations in St Bernard Parish:

https://www.federalregister.gov/documents/2021/12/07/2021-26433/finding-of-failure-to-attain-the-primary-2010-one-hour-sulfur-dioxide-standard-for-the-st-bernard

Given the lack of space between the plants and the neighborhoods, EPA should require stricter measures for lower emissions at all sources of sulfur dioxide and particulate matter in St Bernard Parish. 

The combination of high PM and SO2 concentrations can be deadly. 

According to the University of Massachusetts Political Economy Research Institute tool:

 Chalmette Elementary, a school with 71% minority enrollment in St Bernard Parish, is in the 3rd percentile for air quality and Martin Luther King Charter school, a school with 100% minority enrollment in the Lower 9th Ward of Orleans Parish, is in the10th percentile for air quality. That's the environment the LDEQ and U S Senator Cassidy compromised when they convinced EPA to delay enforcement action. That's the environment the LDEQ and Senator Cassidy provided for our school children; that environment is in the 97% and 90% percentiles for WORSE air quality in our nation. 

Its past time for EPA to step in and step it up.

The neighborhoods near Rain Carbon CII and PBF Energy's Chalmette Refining LLC are exposed to large amounts of particulate matter and according to the EPA EJSCREEN Map Tool, some neighborhoods are in the 95 to 100% National and State percentile NATA diesel particulate matter.

EPA should protect what good air is left in our communities and conduct both a human health risk assessment and a cumulative impact analysis for the human environments within ten miles of each site of heavy industry in St Bernard Parish; not just for sulfur dioxide, but for all emissions. EPA should consider in St Bernard Parish delay of issuance of all Title V air permits (initial, renewal, and or modification) until the analyses data are reviewed and required improvements incorporated in the air permits. 

Given the numerous health and odor complaints from residents in Lower Algiers, Holy Cross, and Lower Ninth Ward neighborhoods in New Orleans, EPA should also consider that the SO2 attainment modeling data will and should designate Orleans Parish non-attainment for the one-hour health standard for SO2. Without such designations, LDEQ will not require lower emissions. The LDEQ air quality monitor network is not robust and has only 29 monitors for the entire State. EPA should consider this lack of appropriate monitoring does not prove an exceedance of the air standard can not occur. EPA should at least consider requiring LDEQ re-install the previous "Entergy" site air monitor in Lower Algiers New Orleans, across the river from Chalmette, and the previous "Arabi site air monitor or a new site monitor in the Holy Cross or Lower Ninth Ward neighborhoods.

EPA should also consider air modeling will and should designate St Bernard Parish non-attainment for particulate matter PM10 and PM2.5 levels.

Innovations in control technology business practices are always evolving and improving and have proven protective of public health and air quality. EPA should require implementation of the best technologies and business practices in both St Bernard and Orleans Parishes. EPA should require LDEQ update its State Ambient Air Standards [AAS] for air toxins, as standards should be reviewed periodically and improved as technology and best business practices improve. When was the last time Louisiana reviewed and improved its air standards?

When EPA conducts these air modeling dispersion studies, all sources should be included. Since the last time St Bernard Parish was designated non-attainment for the one-hour health standard for sulfur dioxide, major sources have re-started previously idled units, which were not likely included in the Louisiana SIP (state implementation plan) to improve air quality. One example is the additional coker unit at PBF Energy's Chalmette Refining LLC which restarted in 2018 for the first time in nine years. PBF Energy's Chalmette Refining LLC recently applied for an initial Title V Part 70 operating air permit for a proposed renewable diesel unit, and citizens who participated in the public comment opportunity for the renewable diesel unit found the application lacked modeling data, and the EAS to be insufficient, incomplete, and not even included in the LDEQ public notice link. [1]


Submit public comments here on EPA's findings on sulfur dioxide concentrations in St Bernard Parish:


https://www.federalregister.gov/documents/2021/12/07/2021-26433/finding-of-failure-to-attain-the-primary-2010-one-hour-sulfur-dioxide-standard-for-the-st-bernard

[1] https://edms.deq.louisiana.gov/app/doc/view?doc=13032248

https://edms.deq.louisiana.gov/app/doc/view?doc=12993977



Friday, December 17, 2021

school children harmed by air quality

 


From cancer alley to diesel death zones, land use decisions in Louisiana fail to protect the human habitat

Chalmette Elementary school is in the third percentile worse air quality in the States; Martin Luther King Charter school in the Lower 9th Ward is in the tenth percentile worse air quality in the States

No industry No economic development is worth human lives

It seems the Louisiana Department of Environmental Quality and U S Senator Cassidy are not interested in protecting the human environment in Chalmette and Lower 9th ward and Lower Algiers.

Rain Carbon CII operated for years, spewing out sulfur dioxide in quantities so large that when combined with the emissions from other plants, the air quality in St Bernard Parish violates the one-hour health standard for sulfur dioxide. Rain CII acknowledged it was the source of the "lion's share of emissions." St Bernard Parish was designated non-attainment for sulfur dioxide and the State of Louisiana was finally required to ratchet down emissions through a “state implementation plan” which required all major sources of sulfur dioxide install more stringent control technologies and change processes to improve air quality.  https://www.regulations.gov/document/EPA-R06-OAR-2017-0558-0038

"Rain balked, however, saying it was having trouble figuring out how to monitor the heat and flow of gases and other materials at its plant because conventional meters kept melting. In 2019, U.S. Sen. Bill Cassidy, R-La., intervened on behalf of the company and joined the state agency in successfully lobbying the EPA to delay implementation of the plan." NOLA Environmental News Tristan Baurick


The way the community concerns are ""addressed"" is a promise to reduce emissions and install pollution controls, and yet it never seems to happen

It's past time for the EPA to step in

EPA proposes to yet again designate St Bernard Parish air quality non-attainment for the one-hour health standard for sulfur dioxide.

Comments must be received on or before January 6, 2022.
Submit your comments, identified by Docket No. EPA-R06-OAR-2017-0558, at https://www.regulations.gov. 





Monday, December 13, 2021

Let's Clear the Air

 



This Chalmette plant has been spewing sulphur dioxide for years; now EPA is taking action.

U.S. Sen. Bill Cassidy intervened for company in 2019, delaying federal enforcement


"The persistence of toxic emissions from the [Rain Carbon CII petroleum coke calcining] plant, eight years after it admitted fault, illustrates the slow pace of enforcement in a state with long history of relying on industry for jobs and tax revenue." -- Tristan Baurick

In addition to an unacceptable slow pace of environmental protection for air quality, the exposed communities are further harmed with even more particulate matter when this plant is granted permit variances. Sulfur and particulate matter emissions combine and become even more harmful for those of us who breathe with lungs. Particulate matter PM2.5 and sulfur dioxide commonly co-exist in the atmospheric environment, and epidemiological studies have linked air pollution to the development of neurodegenerative disorders, in addition to increased morbidity from cardiopulmonary diseases. These are diseases the LDEQ and EPA could be protecting us from.

Rain CII Carbon is a petroleum coke calciner, located adjacent to the PBF Energy Chalmette refinery (former Tenneco). Rain CII seems challenged to achieve its Title V permit limits and its State implement plans (SIP). Rain CII operates on a permit which seems to have a permanent variance of 500 annual operating hours for bypasses of the steam boiler and baghouse that allows the pyro-scrubber to vent directly to the atmosphere; this direct venting often appearing as a purple colored discharge. LDEQ still renews the variance and grants additional variance operating hours, often without public notice. 

Post Hurricane Ida August 2021, LDEQ granted Rain CII a 30 day permit variance for 720 additional bypass hours with additional particulate matter emissions at 23.80 tons PM10 and 22.85 tons PM2.5. According to the variance, Rain CII reported: Due to Hurricane Ida, Rain sustained significant roof damage to building that houses the steam turbine, and the plant was without power. As such, Rain could not utilize the energy side of the plant, which includes the waste heat boiler. To operate the plant, Rain needed to vent from the Pyroscrubber Stack until damages repaired. If not granted this variance, Rain pleaded the forced shutdown for an extended period of time to repair damages would lead to severe economic hardship. LDEQ granted this permit.


Now in November, Rain CII again applies for a permit variance for 720 additional bypass hours for 30 days in the beginning of next year, 2022; if granted, this variance will also result in additional particulate matter emissions. According to the application, Rain CII reported it needed to make extensive repairs to its waste Heat Boiler. The boiler repairs will coincide with a scheduled plant turnaround but will take an additional four weeks to complete. If the Hot Stack cannot be utilized during this repair time then Rain will be forced to shutdown for an extended period of time, which will lead to severe economic hardship on Rain.

Rather than protect public health and require industry to make repairs and conduct turnarounds without bypassing pollution controls, the LDEQ further burdens the surrounding communities. 

EPA needs to step in and step it up.

Rain CII Carbon variance LDEQ EDMS document 12891265 dated September 9 2021 https://edms.deq.louisiana.gov/app/doc/view?doc=12891265

Rain CII Carbon variance application LDEQ EDMS document dated November 16 2021   https://edms.deq.louisiana.gov/app/doc/view?doc=13008218

Wednesday, December 1, 2021

Louisiana Redistricting Meetings

 


State Legislature website for redistricting criteria, 2020 Census maps and reports, and list of state-wide meetings.

https://redist.legis.la.gov/


January 5 2022  5:30 - 8:30pm University Center UNO, New Orleans

 The legislature seeks active and informed public participation in all of its redistricting activities. The legislature intends to provide for the widest range of public information about its deliberations and full opportunity for citizens to make suggestions and recommendations to the legislature, all in accordance with the rules and policies of each house of the legislature and the provisions of law relative to open meetings and public records.


St Bernard Parish Census data



Thursday, November 18, 2021

United We Stand Against PONO Proposal

 

The Razing Tide of the Port of New Orleans: 

Power, Ideology, Economic Growth, and the Destruction of Community
Brian Lloyd Azcona    2006 University of Kansas



"The historical analysis focuses on the political power and ideological discourses of the growth coalition that ruled the port through a non-elected board known as the Dock Board. The author argues that business elites affiliated with the board remade the built environment in their own interest without consideration of the local communities."

Fastforward to the current scheme arranged between the Port of New Orleans and St. Bernard Port for yet another built environment for business elites at the cost of our community. Initial community presentations alluded to increased exports of plastics from upriver plants and the post Panamax vessels as reasons for the expansion. Yet, other alternatives exist for Louisiana to grow in the future maritime and shipping industry without destruction of Violet and St. Bernard Parish. See LIGTT The Louisiana International Deep Water Gulf Transfer Terminal and PPHTD Port of Plaquemines 

Infrastructure projects should not create fence line neighborhoods; this type of massive development in Violet, Louisiana can not exist without irreversible harm to the human environment, and, because of the environmental justice and economic inequity issues, it should not be approved; not for Coastal Use permitting, not for Federal Infrastructure Bill funding, not for State tax dollars, not for grants. Caution is advised as the scheme's finances may be dependent on tenant leases subject to St Bernard Port's financial shoring through local ad valorem tax measures that locals are not likely to approve or renew. 

"The parish we know and love is about to be buried under two million containers trucked across our narrow roads. It’s the beginning of PROFIT for them. But it’s the end of PEACE for us." --- SOS Save Our St. Bernard  

https://sostbernard.org/
FaceBook community forum and updates
#stopportnola #stbernardstrong

Mission of SOS Save St Bernard

 OPPOSE Port NOLA’s construction of the Louisiana International Terminal (LIT) in St. Bernard Parish.  The magnitude of destruction will transform our small historic community into an industrial wasteland. 

Port NOLA and St. Bernard Parish Port refuse to provide: 

  • Factual information and transparency
  • Related research, data or evidence indicating the negative effects of people, wildlife, wetlands, and communities
  • Any research, data or evidence that LIT will benefit our residents, wildlife, wetlands, or Parish 

Louisiana International Terminal (LIT) will:

  • Negatively affect health, safety, and wellbeing of all St. Bernard Parish residents
  • Result in the loss of more than 350 acres of wetlands, which our parish depends on for: flood protection, drainage, protection of wildlife, and the preservation of our region’s natural beauty
  • Utilize 1100+ acres for development and related operations
  • Generate unprecedented and insupportable port related industrial traffic that will: burden residential roads not rated for heavy freight, create hazardous driving conditions, restrict evacuation efforts, and cause structural damage to residential homes and businesses
  • Create significant noise pollution without adequate buffer zones from port site, rail, road, and ship traffic
  • Bring: 5000+ 18 wheelers daily, cargo ships carrying 23,000 TEU’s, and additional trains and constructed railways. Which, will produce harmful emissions, chemical exposure, hazardous materials inherent to the transporting and storage of containers
  • Bring 3 million+ containers to the LIT site annually 
  • Create new industrial warehousing sites throughout St. Bernard Parish in addition to LIT site
  • Cause catastrophic harm to: health and mental health of our residents (In particular-children, elderly, and those with pre-existing and underlying health and mental health conditions), and may contribute to long-term diseases such as cancer, respiratory illnesses, and other ailments. 
  • Target a predominantly African American neighborhood in Violet, LA, which will force the relocation of a historic black school and disrupt the sanctity and tranquility of a historic African American cemetery
  • Not adequately provide long-term economic gains or significant tax revenue from the port site
  • Decrease property values in residential neighborhoods
  • Impact a state road designated a scenic byway by the United States Department of Transportation and impede the safe travel, commute, and evacuation of our residents as well as those in Plaquemines Parish
  • Negatively affect tourism and tourism related businesses
  • Result in the permanent relocation of residents and businesses


Thursday, November 11, 2021

future growth of our parish

 


At the November 2nd Council Meeting President McInnis proposed a resolution seeking support of the acquisition of properties for the development of public parks, entertainment venues and recreational facilities that will be dedicated to enhancing the quality of life for residents in St. Bernard Parish.  The St. Bernard Parish Council voted unanimously approving the resolution which supports and authorizes St. Bernard Parish Government to begin negotiations on properties necessary for the proposed development. The links below contain a preliminary rendering of the potential locations and the intended uses.









https://www.sbpg.net/CivicAlerts.aspx?AID=625

https://www.sbpg.net/DocumentCenter/View/4583/Site-2-Proposed-Festival-Park-11x17

https://www.sbpg.net/DocumentCenter/View/4584/Site-1-Proposed-Festival-Park-11x17


Wednesday, November 10, 2021

Community Meeting Violet

 Community Meeting for Violet Residents

Hosted by Violet Residents

November 17 2021   6:30pm

2900 Oak Ridge Blvd




Saturday, November 6, 2021

Public Comment Hearing Nov 9th 6pm -- St. Bernard Parish Council Chambers

 

PUBLIC NOTICE OF PUBLIC COMMENT HEARING 

AND REQUEST FOR PUBLIC COMMENT

On PBF Energy's Chalmette Renewables

proposed Title V Part 70 Permit 

& associated Environment Assessment Survey

November 9, 2021 6pm

Comments Due 4:30pm November 10, 2021 


https://edms.deq.louisiana.gov/app/doc/view?doc=12914990 

Tuesday November 9 2021 6pm

St. Bernard Parish Council Chambers Building

8201 West Judge Perez Blvd, Chalmette LA

LDEQ to conduct public comment hearing (not a question and answer format) on PBF Energy's Chalmette Refining LLC Renewables Project proposed Initial Title V Part 70 Operating Air Permit & associated Environment Assessment Survey

https://edms.deq.louisiana.gov/app/doc/view?doc=12914990 

Comments Due Wednesday November 10 2021 4:30pm 

All comments should reference AI 1376 Permit Number 3177-VO Activity Number 20210010

Online Comment submittal form at LDEQ's Public Notice website

https://internet.deq.louisiana.gov/portal/DIVISIONS/PPPSD/PUBLIC-COMMENTS?AIName=Chalmette%20Refining&Subject=%20PUBLIC%20HEARING%20AND%20REQUEST%20FOR%20PUBLIC%20COMMENT%20ON%20A%20PROPOSED%20INTITAL%20PART%2070%20AIR%20OPERATING%20PERMIT&%20THE%20ASSOCIATED%20ENVIRONMENTAL%20ASSESSMENT%20STATEMENT%20(EAS%20&AI=1376&Activity=PER20210010&PermitNumber=3177-V0&Media=Air%20Quality&DL=11/10/2021

If you wish to submit your comment anonymously, do not want to provide your mailing address, or if your comment exceeds character/size limit or has multiple attachments, you may submit your comment by personal delivery, U.S. mail, email, or fax.


Delivery may be made to the drop-box at 602 N 5th St., Baton Rouge, LA 70802. U.S. mail may be sent to LDEQ, Public Participation Group, P.O. Box 4313, Baton Rouge, LA 70821-4313.
Emails may be submitted to DEQ.PUBLICNOTICES@LA.GOV and faxes sent to (225) 219-3309.

Persons submitting comments using the online form or who wish to receive notice of the final permit action must include a complete mailing address. 

All comments should reference AI 1376 Permit Number 3177-VO Activity Number 20210010

COMMENT DEADLINE   4:30pm  Wednesday November 10, 2021

Materials Associated with Proposed Permit 3177-VO 

LDEQ EDMS AI 1376 document 12869722 dated August 27, 2021

https://edms.deq.louisiana.gov/app/doc/view?doc=12869722 

Associated Environmental Assessment Survey (EAS) 

LDEQ EDMS AI 1376 document 12740811 dated May28, 2021

https://edms.deq.louisiana.gov/app/doc/view?doc=12740811

other information

https://edms.deq.louisiana.gov/app/doc/view?doc=12704490

Notice to Local Public Officials, Mississippi Department of Environmental Quality, and EPA Region VI

https://edms.deq.louisiana.gov/app/doc/view?doc=12917619 


Friday, November 5, 2021

LDEQ Compliance Order to PBF Energy Chalmette

 

LDEQ Enforcement Division issues Compliance Order and Notice of Potential Penalty 
File Memo on additional permit deviations as part of current settlement negotiations


Louisiana Department of Environmental Quality issued PBF Energy's Chalmette Refining LLC a Compliance Order and Notice of Potential Penalty Enforcement Tracking No AE CN 21 00201 LDEQ EDMS document number 12961385 dated 10/22/2021

The CONOPP includes previously reported incidents of emission exceedances, unauthorized discharges, violations of permitted operating parameters, violations of monitoring requirements, violations from fugitive emission requirements, and failure to meet reporting and recordkeeping requirements. 

Louisiana DEQ Enforcement Division also conducted file reviews on or about December 1-4 2020 and April 23 2021; "The file reviews were conducted to determine the Respondent's degree of compliance with the [Clean Air] Act, the Air Quality Regulations, and all applicable permits." According to the File Memo, current settlement negotiations will address numerous additional permit deviations which were not included in the CONOPP. LDEQ EDMS document numbered 12961383 dated 10/21/2021 https://edms.deq.louisiana.gov/app/doc/view?doc=12961383


There is no public comment opportunity on the CONOPP or settlement terms at this time. LDEQ generally does not provide for a public comment opportunity on proposed settlements until after State concurrence. The public may however submit proposals for Beneficial Environmental Projects at
 https://deq.louisiana.gov/bep/form . A Beneficial Environmental Project is one that provides for environmental mitigation which the Respondent is not otherwise legally required to undertake. 

LDEQ will conduct a public hearing on PBF Energy's Renewals Project in Chalmette on Tuesday, November 9, 2021 . The public hearing is not a question and answer format; it is a formal hearing for LDEQ to receive public comments on PBF Energy Chalmette Refining LLC 's application for a proposed Initial Title V Part 70 Operating Air Permit for a Renewable Diesel plant colocated at the Chalmette refinery. 
Written comment deadline is November 10th

PBF Energy's Chalmette refinery also has a number of other Title V Part 70 air permit renewals and minor modifications applications pending before the State agency, Louisiana DEQ. It is uncertain at this time if the general public will be afforded either a public notice or a public comment opportunity on the various pending permits.

LDEQ EDMS recently posted PBF Energy's Chalmette Refining LLC Title V 2021 First Semiannual Monitoring and Deviation Report dated September 23, 2021 
https://edms.deq.louisiana.gov/app/doc/view?doc=12911514  . The report covers Title V Permit Nos 2500-00005-V6, 2933-V7, 2822-V4, 3004-V11, 3017-V6, 3022-V8, 3018-V6, 3015-V5, 3023-V8, 3011-V4, & 3016-V4   

Monday, October 18, 2021

Public Meeting on Changes to NEPA

 

Public Comment Opportunity on Council on Environmental Quality [CEQ] Proposed Rule Changes

Under the proposed National Environmental Policy Agency [NEPA] rule, agencies would have to evaluate all environmental impacts of their decisions, considering "direct," "indirect" and "cumulative" effects, meaning that climate change as well as environmental justice concerns must be weighed in those decisions.

"The basic community safeguards we are proposing to restore would help ensure that American infrastructure gets built right the first time, and delivers real benefits — not harms — to people who live nearby," CEQ Chair Brenda Mallory said in a statement.

Kevin Bogardus E&E News Greenwire  White House outlines plan to overhaul Trump NEPA rules

CEQ is accepting public comment on its proposed actions. Further, there will be two public meetings held online, the first on Oct. 19 and the second on Oct. 21. The administration also announced that the council is working on a second phase of changes to NEPA regulations. Those will be designed to involve the public more in the environmental review process as well as address climate change and environmental justice concerns.

RSVP for Public Comments: 
CEQ is holding two virtual public meetings on the Phase 1 Proposed Rule during which CEQ will provide a brief overview of the proposed rule and listen to feedback from the public. The meetings will be held on October 19 from 1:00-4:00 pm EDT and on October 21 from 5:00-8:00 pm EDT. Registration is required to attend the virtual sessions; during registration participants may indicate if they wish to be added to the list of speakers during the session.  For those unable to attend the meetings live, a recording and transcription will be made available online for viewing at www.nepa.gov.  


Public Comments are due by November 22, 2021 
ALL COMMENTS SHOULD REFERENCE docket number CEQ-2021-0002 and MUST include the agency name, "Council on Environmental Quality".

Online comments can be submitted at the following link or at Federal eRulemaking Portal https://www.regulations.gov. Follow the instructions for submitting comments.
https://www.federalregister.gov/documents/2021/10/07/2021-21867/national-environmental-policy-act-implementing-regulations-revisions#open-comment

You may also submit comments by :

Fax: 202-456-6546.

Mail: Council on Environmental Quality, 730 Jackson Place NW, Washington, DC 20503.

Instructions: All submissions received must include the agency name, “Council on Environmental Quality,” and docket number, CEQ-2021-0002, for this rulemaking. All comments received will be posted without change to https://www.regulations.gov, including any personal information provided. Do not submit electronically any information you consider to be private, Confidential Business Information (CBI), or other information, the disclosure of which is restricted by statute.

Docket: For access to the docket to read background documents or comments received, go to https://www.regulations.gov .

Summary of Changes: The Council on Environmental Quality (CEQ) is proposing to modify certain aspects of its regulations for implementing the procedural provisions of the National Environmental Policy Act (NEPA) to generally restore regulatory provisions that were in effect for decades before being modified in 2020. CEQ proposes these changes in order to better align the provisions with CEQ’s extensive experience implementing NEPA, in particular its perspective on how NEPA can best inform agency decision making, as well as longstanding Federal agency experience and practice, NEPA’s statutory text and purpose, including making decisions informed by science, and case law interpreting NEPA’s requirements. The proposed rule would restore provisions addressing the purpose and need of a proposed action, agency NEPA procedures for implementing CEQ’s NEPA regulations, and the definition of “effects.” CEQ invites comments on the proposed revisions.


Federal Registry: Yes. Here is link: https://public-inspection.federalregister.gov/2021-21867.pdf 

For more information:   https://www.weact.org/


Thursday, October 14, 2021

Industrial 'decarbonization' task force seeks federal subsidies

 


Industrial 'decarbonization' will require putting a price on carbon emissions, combined with mandatory carbon reductions

Decarbonization will require a 'man on the moon' strategy

According to the American Council for an Energy Efficient Economy, up to 15% of industry's emissions could be cut through better energy management.

In 2018, Louisiana Industry was responsible for 62% of the 217 million tons of greenhouse gases released statewide. 

According to LSU Professor David Dismukes, a small number of major emitters are responsible for an outsized share of the problem, with the top 20 carbon emitters responsible for more than a quarter of the state's emissions.

For plants in the petrochemical and refining sector, the top 20 emitters include #10 Valero Refining Meraux & #15 PBF Energy Chalmette.

Valero Refining Meraux 2012 2,384,289 metric tons CO2 and 2019 2,290,120 metric tons CO2.

PBF Energy Chalmette 2012 1,573,489 metric tons CO2 and 2019 1,591,902 metric tons CO2.

After industry, transportation — including trucks and vessels used by industry — is the next biggest emitter of carbon, representing 20% of the state's 2018 emissions. That's followed by the generation of electricity, mostly by utilities, at 13%, with some of that electricity also used by industry.

"We'll need federal assistance equivalent to the effort to get a man on the moon," Flozell Daniels, president of the Foundation for Louisiana and a member of [Governor Edwards'] task force, said Friday. “It’s important to first recognize that we’re at a level of crisis that requires an extraordinary response."


Sunday, October 10, 2021

Serial offender of environmental and human rights

 


 Formosa Plastics Group’s six-decade track record is “riddled with environmental, health, safety, and labor violations in multiple countries,” according to a new report  from the Center for International Environmental Law, the Center for Biological Diversity, and Earthworks. The report’s authors allege regulatory violations, accidents, human rights abuses, and disproportionate impacts on systematically exploited communities. The environmental groups say their report comes at a time when oil and gas companies are increasingly tying their future growth to the demand for plastics and the oil- and gas-based petrochemicals used to make them. Formosa Plastics Group is among the producers with major expansion plans, including proposals to extend its existing operations in several locations.


Formosa Plastics Group: A Serial Offender of Environmental and Human Rights (A Case Study) reflects two years of investigation and analysis of the conglomerate’s history by the Center for International Environmental Law (CIEL), the Center for Biological Diversity, and Earthworks. 

  https://www.ciel.org/news/new-report-on-formosa-plastics-group-reveals-danger-of-plastics-production/

Monday, October 4, 2021

SOS St Bernard

 Thursday September 30 2021

Opinions The New Orleans Advocate


Port expansion will damage St. Bernard Parish

Once again, the Port of New Orleans is trying to advance its own cause to the detriment and destruction of one of southeast Louisiana's most historic communities: St. Bernard Parish.

First it was the Industrial Canal. Then, in 1927, they dynamited the Mississippi River levee, flooding lower St. Bernard. Then, it was the Mississippi River Gulf Outlet (MRGO), which destroyed wetlands in biblical proportion and enabled death and devastation wrought by Hurricane Katrina.

Their proposal today: the Louisiana International Terminal, a massive container facility in the middle of St. Bernard Parish, a narrow strip of land unsuitable for this type of development. Beyond damage to the environment, including clearing and paving over hundreds of acres of woodland, the massive container terminal will add an incredible volume of 18-wheeler traffic on our already congested roads to transport the millions of containers the Port says will come.

The fact is there are viable alternative locations for such a facility in Louisiana. However, since they fall outside of the Port's control, these locations are not being given proper consideration. Decisions on consequential projects such as this should not be driven by one entity's aggressive desire for control and profit.

If this new facility is not developed in a suitable location, it will destroy any hope for a sustainable future. If mega-ships get stuck or cannot unload in a timely manner because of inadequate land transport, the container shipping industry will turn to another port and the big loser will be all of us in Louisiana.

We need our public officials at every level as well as our neighbors who treasure community life and our environment to stand with us. Let's stop the Port of New Orleans in its tracks before they once again run over all of us and add to the damage they've already caused.

SIDNEY D. TORRES III

attorney Chalmette

Saturday, October 2, 2021

Public Participation also transitions

 How can local communities become empowered to drive project development and meaningfully engage in the low-carbon energy transition? 

While we have experienced numerous energy transitions in the past, the current shift to renewable energy sources (RES) is different not least because of the diversity of drivers leading it. From disambiguations around human activity and climate change to the growing awareness of a plethora of energy-related inequalities arising from our dependence on fossil fuels, this transition is about more than just technological and political change, or even resource availability. It also involves significant social and behavioural transformations that question established historical narratives and challenge accepted understandings of democracy and economics.

Past energy transitions were almost exclusively driven by the exploitation of a new energy resource with little consideration for social or environmental consequences. Also, they were marked by top-down, highly centralised energy systems controlled by a limited number of corporate actors. The current transition, in theory at least, involves numerous different cross sectorial stakeholders that are more informed by public policy and is more likely to include the social groupings directly affected than has heretofore been the case. However, given societal responses invariably require a radical reorganisation of socio-economic infrastructures in order to accommodate change, this transition will not automatically be a just one.

https://energsustainsoc.biomedcentral.com/articles/10.1186/s13705-019-0218-z

Monday, September 27, 2021

Biweekly Engagement Calls

 EPA Now Hosting Biweekly National Environmental Justice Community Engagement Calls

The U.S. Environmental Protection Agency (EPA) invites Environmental Justice (EJ) advocates and the public to participate in the agency’s National Environmental Justice Community Engagement Calls, now happening biweekly, to discuss and receive feedback on all aspects of EJ at EPA with partners and communities. 


“The voice of communities is what centers and drives our efforts to advance environmental justice at EPA,” said Office of Environmental Justice Director Matthew Tejada. “Our mission to protect the health and environments of everyone in the United States can only be achieved if we listen to and engage with communities who have not received the same level of protection. Given the historic mandate of the Biden-Harris Administration and Administrator Regan’s leadership, these calls are a direct line for EPA to hear from communities.”


By increasing the community engagement calls from quarterly to biweekly, EPA will further encourage an open dialogue with EJ leaders and advocates. These meetings not only serve as an opportunity to give an update on EPA’s EJ work and its resources, but also to listen and learn from communities, partners, and stakeholders. Additionally, the biweekly community engagement calls speak to the agency’s commitment to Justice40, an initiative announced by President Joe Biden, to deliver 40 percent of the overall benefits of relevant federal investments to disadvantaged communities. 


The next national EJ community engagement call is Tuesday, Sept. 28, 2021. 

Register here: https://www.eventbrite.com/e/epa-national-environmental-justice-community-engagement-call-sep-28-2021-registration-173740832507


To see the calendar for upcoming calls, register for upcoming calls, and view meeting materials for past calls, please visit: https://www.epa.gov/environmentaljustice/national-environmental-justice-community-engagement-calls


You can also follow the EPA’s Office of Environmental Justice on Twitter (@EPAEnvJustice) and subscribe to the EPA’s EJ listserv by sending a blank email to join-epa-ej@lists.epa.gov.

Tuesday, September 14, 2021

the shrinking forest

 

The forest was shrinking
but the trees kept voting for the axe,
for the axe was clever and convinced the trees that because his handle was made of wood he was one of them.
(Turkish proverb) #turkishproverb



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