At some point today, the EPA and the Department of Transportation (DOT) will propose a first-ever joint regulation to establish first-ever greenhouse gas (GHG) emission standards for new motor vehicles. The new standards, covering model years 2012-2016, will raise federal fuel economy standards to 35.5 mpg in 2016.

This is considerably more stringent than the standard Congress adopted in the December 2007 Energy Independence and Security Act (EISA), which would boost average fuel economy to 35 mpg by 2020.

This is bad news for three reasons.

New cars will be less safe. The proposed standards will require the average car and light truck to be 40% more fuel efficient by 2016. That’s a very aggressive schedule. To meet it, automakers will have to deploy advanced technologies (such as hybrid engines), but that won’t be enough. They’ll also have to reduce average vehicle size and weight. That, in turn, will at a minimum make the average car less safe than it would otherwise be.

Why? It’s a matter of physics. Heavier cars provide more mass to absorb collision forces, and larger cars provide more space between the occupant and the point of impact. Make a car smaller and lighter, and it will go farther on a gallon of gas (and emit fewer pounds of carbon dioxide per mile), but it will also provide less protection in collisions. The National Research Council estimates that the pre-EISA (27.5 mpg) fuel economy standard contributed to about 2,000 additional fatalities per year.

New cars will be more costly. As an unnamed senior administration official said yesterday in an embargoed press briefing, the EISA fuel economy standard will add $700 to the cost of a new car in 2016. The revised standards will add another $600 to the average sticker price. Yet the anonymous official claimed the new rules will help revive the prostrate auto industry. Yep, increase the average cost of a new car by $1,300, and more people will buy them! 

As my colleague Sam Kazman comments, the federal fuel economy program “kills consumers by reducing vehicle size, and now it may well kill car companies by forcing them to produce cars that consumers don’t want.” 

The GHG standards will start a regulatory chain reaction with potentially devastating economic impacts. The new standards are the regulatory complement to the endangerment proposal EPA issued on April 17. As explained here and here, once EPA and DOT finalize the Fuel economy/GHG emission standards, an estimated 1.2 million previously unregulated buildings and facilities will qualify as ”major stationary sources” of carbon dioxide under the Clean Air Act’s Prevention of Significant Deterioration (PSD) pre-construction permitting program. Thousands of small- to mid-size firms could be compelled to obtain PSD permits in order to build or modify such “major stationary sources” as office buildings, enclosed malls, big box stores, and commercial restaurants.

The PSD  permitting process is costly and time consuming. In 2003, the average permit cost $125,120 and 866 hours  for regulated entities to obtain (not included any technology investments regulated entities had to make). No small business could operate under the PSD administrative burden. A more potent Anti-Stimulus would be hard to imagine.

In the News

by William Yeatman on May 19, 2009

in Blog

Cap-and-Trade Is a License to Cheat-and-Steal
Bill O’ Keefe, DC Examiner, 19 May 2009

One of James Bond’s first movies captured attention with the title “License to Kill.” Today, Washington, D.C., is setting the stage to compete with Hollywood in the sensational headlines market. Members of the House Energy and Commerce Committee are in the process of scripting climate change legislation worthy of being titled “License to Cheat and Steal.”

Green Jobs Lead to Pink Slips
William Yeatman, Detroit News, 19 May 2009

Repower America, a green energy advocacy organization founded by Former Vice President and Nobel Laureate Al Gore, is running television advertisements in northern Michigan to pressure U.S. Rep. Bart Stupak (D-Menominee) into supporting the American Clean Energy and Security Act, a major climate bill working through Congress.

Uncle Sam Will Give You and Energy Allowance
Chris Horner, Human Events, 18 May 2009

On Friday, House Energy and Commerce Committee Chairman Henry Waxman (D-Beverly Hills) released the closely-held details of his bill rationing energy use in the name of global warming, the American Clean Energy and Security Act of 2009 (ACES).

Is Wind the Next Ethanol?
Ben Lieberman, Heritage.org, 11 May 2009

Repeating past mistakes has long been a part of Washington’s energy policy, but Congress used to wait a while before making the same blunder again. Not anymore. New legislation requiring wind energy closely resembles the ethanol mandate that sparked a backlash just last year.

The House Energy and Commerce Committee just began (at 10:00 AM eastern) the second day of marathon markups for the 2009 American Clean Energy and Security Act. In a “markup,” the Committee reads through the bill (or at least the titles and sections) and members have the opportunity to offer amendments.

The American Clean Energy and Security Act is an awful piece of legislation designed to tax energy. In order to win over Democrats on the Ways and Means Committee, Chairman Henry Waxman (D-Beverly Hills), a co-author of the bill, had to buy them off by promising to redistribute the proceeds of the energy tax-which the Obama administration says will cost as much as $2 trillion through 2020-to industries in their districts.

The only highlight from day one was the opening statement of Rep. John Barrow (D-Georgia), which seemed to indicate that he will oppose this expensive energy bill. He becomes the first Democrat on the Committee to do so. Hopefully, he is not the last. Reps. Eliot Engel (D-New York) and Charlie Melancon (D-Lousiana) seemed to hedge. They are likely holding out for more booty from Waxman.

Today, the Republicans on the Committee, led by Rep. Joe Barton (R-Texas), plan on introducing 450 amendments to the bill. Democrats will offer far fewer amendments.

As I write, Rep. John Dingell (D-Michigan) is proposing an amendment to create a clean energy bank, despite the fact that the Department of Energy already administers a $40 billion clean energy bank. That bank, however, isn’t good enough for Dingell because it doesn’t transfer enough taxpayer money to auto companies in his district.

The New York Times ponders today what will happen now that Utah’s Lt. Gov. Gary Herbert, a global warming realist, will replace departing (to a China ambassadorship under President Obama) Gov. Jon Huntsman Jr., an alarmist in the Schwarzeneggar/Crist image:

In 2007, in the tradition of his fellow Republican governor, Arnold Schwarzenegger in California, he signed on to the Western Climate Initiative, an effort by Western states to cap greenhouse gas emissions.

Assuming Mr. Huntsman is confirmed by the Senate, his successor will be lieutenant governor Gary Herbert, who is known in the state for holding very different views on climate. Mr. Herbert would serve through 2010.

“Basically, we are going from a governor that was a national leader in the world’s most important environmental issue to one that denies that global warming exists,” said Marc Heileson, a Sierra Club representative in the group’s Utah field office, in an e-mail message.

One of my sources in Salt Lake City emailed me and said he thought he heard Herbert say he would withdraw Utah from the WCI, something many state legislators would heartily approve. But the source misheard and wrote, “he said he has no plans to pull us out of the WCI…BUT he has many concerns with cap and trade.”

I wouldn’t be so sure that Herbert won’t eventually move in that direction. I met him when I visited last year (while Salt Lake was hit with its largest snowstorm of the season) and heard clearly that it was an issue he strongly disagreed with the governor about. But it’s too soon (and inappropriate) to ask for him to make any commitment today, during a transition press conference when full respect is due the previous administration.

A stunning survey commissioned by the National Rural Electric Cooperative Association reveals that Americans overwhelmingly oppose expensive energy policies like the American Clean Energy and Security Act, the Waxman-Markey climate change mitigation bill.

You can download a memo on the survey results.

You can also download a graphic representation of the survey.

Below is a brief summary:

  • 78% of all respondents saying a $50 increase monthly in utility bills would be a hardship.  A recent MIT study said household costs could exceed $3000 per year, or 5 times as much overall costs the $50 per month/$600 per year would mean.
  • 58% of respondents say they are unwilling to pay any more than they currently pay for electricity to combat climate change.
  • Respondents are aware that climate change legislation will likely cause their electricity rates to go up.
  • In addition, one-half (50%) of the country opposes enacting a carbon tax to fund energy research, which represents an amazing 49-point shift (22% drop in agree; 27% increase in disagree) away from supporting a carbon tax for energy research in 2007.
  • Interest in protecting the environment and fighting climate change has dropped from a low priority (8%) in 2007 to receiving virtually no attention (3%) in 2009.

Announcements

The Competitive Enterprise Institute this week unveiled a new video campaign-Al Gore, 1984. The web page links to a joint CEI-National Taxpayers Union project that allows you to email your Member of Congress about the Waxman-Markey energy-rationing bill.

In the News

Indiana Says “No Thanks” to a Cap-and-Trade
Governor Mitch Daniels, Wall Street Journal, 15 May 2009

Air Traffic Control Reform: Good for Planet, Bad for Bureaucrats
Iain Murray, DC Examiner, 15 May 2009

Global Warming Bill Is a Pork-Fest
Tim Carney, DC Examiner, 15 May 2009

The New Energy Economy
Marlo Lewis, MasterResource.org, 15 May 2009

What If Global Warming Fears Are Overblown?
John Birger, Forbes, 14 May 2009

Give the Skeptics a Voice
Dr. William Porter, Atlanta Journal Constitution, 14 May 2009

The Deep Ecologists
Peter Hannaford, American Spectator, 13 May 2009

Obama’s Anti-Energy Plan
Barry Russell, DC Examiner, 13 May 2009

Marx in a Pony Tail (video)
Chris Horner, Fox News, 12 May 2009

Is Copenhagen Already Dead?
Terrence Corcoran, National Post, 12 May 2009

Expose Cap-and-Trade Costs
Jason Chaffetz, Washington Times, 12 May 2009

Sending Us Back to 1875
U.S. Rep Joe Barton, Washington Times, 10 May 2009

News You Can Use

Is the Temperature Record Reliable?

Anthony Watts and a team of volunteers examined 850 stations used by the National Weather Service to calculate America’s temperature, and found that 89 percent of them fail to meet the National Weather Service’s own siting requirements that stations must be 30 meters or more away from an artificial heating or reflecting source.

Eco-Irony

According to the Daily Telegraph, a team researching the effects of global warming on the Arctic had to call off a trek to the North Pole well short of its destination due to the extreme cold.

Inside the Beltway

Myron Ebell

Waxman Buys Support for Expensive Energy Bill

It took a lot of concessions to moderate Democrats, but House Energy and Commerce Committee Chairman Henry Waxman (D-Beverly Hills) announced this week that he will have enough votes to pass the Waxman-Markey energy rationing bill out of committee next week. It appears that every Republican, with the possible exception of Rep. Mary Bono Mack (R-Calif.), will vote against the bill. With 36 Democrats and 23 Republicans on the committee, that means that Waxman can lose no more than seven Democrats out of the group of around eighteen Democrats that represent districts that produce oil or coal or have significant energy-intensive manufacturing.

The 932 page text of the new bill has just been released as I write this, so I haven’t had a chance to look at it. However, a memo did become public today that summarizes most of the deals that Waxman has made. Electric utilities will be given 35% of the ration coupons, which will be phased out from 2026 to 2030. Natural gas distributors will get 9% of the ration coupons, which will also be phased out from 2026 to 2030. These free ration coupons must be used to protect consumers from rate increases.

Fifteen percent of the ration coupons will be auctioned every year and the proceeds will be distributed to low and moderate income people “to protect them from other energy cost increases.” Fifteen percent of the ration coupons will be given to energy-intensive industries that are subject to foreign competition. These can be phased out in 2025 unless the President decides otherwise. Oil refineries will be given 2% of the ration coupons beginning in 2014 and ending in 2026. There is a long list of other recipients of free ration coupons: to pay for carbon sequestration, to offset heating oil and propane costs, investments in automobile technology, research and development, preventing tropical deforestation, domestic adaptation, international adaptation, clean technology transfer, and worker assistance and job training.

What’s left? Very little, but the proceeds of whatever remaining ration coupons are auctioned will be used to ensure budget neutrality and for “consumer protection.” So nearly all the changes that have been made to the initial draft are designed to protect consumers or special interests from the consequences of the bill-namely, higher energy prices. One might wonder, if the bill does actually produce emissions reductions, then who’s going to being paying for the higher energy prices?

Even before these details were released, the Edison Electric Institute, which represents investor-owned utilities, announced that they would support the bill. On the other side, Greenpeace USA, Friends of the Earth, and Public Citizen announced that they are likely to oppose the bill because it’s all about rewarding special interests and not about reducing greenhouse gas emissions. I wouldn’t be surprised if the Sierra Club comes out against it as well. The environmental pressure groups that are fronts for big business-Pew Center on Global Climate Change, Environmental Defense Fund, and Natural Resources Defense Council-are of course supporting it.

Committee mark-up is scheduled to begin on Monday at 1 PM. It will probably take most of the week. The bill that is released today or Saturday may not actually be the vehicle.  It has been rumored that Waxman will come to the mark-up with a revised version as he continues to make deals over the weekend and his committee staffers continue to try to perfect the technical details.  The Republicans, led by ranking member Joe Barton (R-Tex.), have made up a list of around two hundred amendments and are threatening to demand recorded votes on amendment after amendment.  It has been rumored that part of the deal Waxman has made with moderate Democrats is that they will vote against all Republican amendments.

It has also been rumored that Waxman has refused to take out the citizen lawsuit provision. As long as citizen lawsuits are in the bill, the other details don’t matter.  Environmental pressure groups will be able to file suits in federal courts to block any new facility that produces energy or uses energy. Even windmills and solar panels take a lot of energy to fabricate, and much of that comes from coal-fired power plants.

As I look at the eighteen moderate Democrats on the committee, I think the breakdown is roughly as follows.

Yes-signed on: Dingell (Mich.-15th district), Boucher (Va.-9), Gordon (Tenn.-6), Stupak (Mich.-1), DeGette (Colo.-1), Doyle (Penna.-14), Hill (Ind.-9), Space (Ohio-18), and Sutton (Ohio-13).

No-or not yet signed on: Rush (Ill.-1), Engel (NY-17), Green (Tex.-29), Gonzalez (Tex.-20), Ross (Ark.-4), Matheson (Utah-2), Butterfield (NC-1), Melancon (La.-3), and Barrow (Ga.-12).

Around the World

Green Corruption in the UK

The Times this week reported that Elliot Morley, the chairman of the House of Commons energy and climate change select committee, claimed more than $24,000 of taxpayers’ money for a mortgage he had already paid off. Lawyers said last night that the claim could amount to fraud. The scandal is growing rapidly.

Krugman Is Wrong on Carbon Tariff

The New York Times’s Paul Krugman today endorsed a carbon tariff-a tax on the carbon footprint of Chinese imports- because “like it or not, China will have to do its part” to fight global warming. Krugman, however, ignores the consequences of his preferred climate “solution” –namely, an economically ruinous trade war. Already, the Chinese have warned that retaliation is likely if the U.S. were to adopt carbon tariffs. Under such a scenario, American manufacturers, in addition to expensive energy climate policies at home, would be threatened by diminished markets abroad.

A politically active friend in the Beehive State reports a gleeful mood among colleagues over the apparent pending departure of Gov. Jon Huntsman Jr. — a Schwarzeneggar/Crist clone on global warming — because of his selection by President Obama as ambassador to China. His message:

A great day for Utah – how can we ever thank the people of China?!

Today, Reps. Henry Waxman (D-CA) and Ed Markey (D-MA) released a new 932-page version of their cap-and-trade bill and a summary explaining how emission allowances will be allocated.

President Obama had campaigned on a cap-and-trade plan in which 100% of the emission allowances would be auctioned. His FY 2010 Budget also calls for a 100% auction system (pp. 21 and 100), generating anywhere from $646 billion to nearly $2 trillion in revenues over ten years.

Of course, the last thing companies subject to emission caps want to do is pay $646 billion or more for the right to produce or use energy. So U.S. CAP, the main corporate lobby for cap-and-trade, lobbied for a system with mostly free rationing coupons, and that’s what they got.

Under the revised Waxman-Markey bill, from 2012 through 2025, the electricity sector will receive 35% of the allowances gratis and natural gas distribution companies will receive 9%, with free distributions phasing out from 2026 through 2030. In all, 85% of the rationing coupons are allocated free-of-charge to industry and other interests.

The bill instructs gas and electric utilities to use the free allocations to “protect consumers” from ”price increases.” This is odd. The whole point of cap-and-trade is to raise energy prices. As candidate Obama said in a moment of candor, electricity prices will “necessarily skyrocket.” That’s how cap-and-trade discourages consumption, which reduces emissions. It’s also how cap-and-trade rigs the market in favor of non-carbon energy, which also supposedly reduces emissions.

Perhaps what Waxman and Markey mean is that U.S. utilities will not be allowed to double-dip as European utilities did in Europe’s Emission Trading System (ETS). European utilities got emission allowances for free but claimed them as an expense and then passed the imaginary costs on to customers by raising electric rates (see pages 43-46 of Open Europe’s report on the ETS).

Does this mean Waxman-Markey would not have severe economic impacts of the sort the Heritage Foundation projects in its May 13, 2009 study? No!

The Heritage study estimates that by 2035, the Waxman-Markey cap-and-trade plan will:

  • Reduce aggregate gross domestic product (GDP) by $7.4 trillion,
  • Destroy 844,000 jobs on average, with peak years seeing unemployment rise by over 1,900,000 jobs,
  • Raise electricity rates 90 percent after adjusting for inflation,
  • Raise inflation-adjusted gasoline prices by 74 percent,
  • Raise residential natural gas prices by 55 percent,
  • Raise an average family’s annual energy bill by $1,500, and
  • Increase inflation-adjusted federal debt by 29 percent, or $33,400 additional federal debt per person, again after adjusting for inflation.

The Heritage folks are undoubtedly going to re-crunch the numbers in light of changes made to the bill.

However, the big picture should not change just because Waxman and Markey have decided to distribute 85% of the ration coupons free-of-charge. What chiefly determines any cap-and-trade scheme’s macro-economic and energy price impacts are the stringency of the caps, not how allowances are distributed under the caps.

As the caps tighten, the number of ration coupons declines, and so does the supply of carbon-based energy. As the supply falls relative to demand, energy prices increase, which then reduces economic output and employment.

So don’t be fooled! Electricity and fuel prices will reflect allowance prices, which will be determined by supply and demand, not by whether the allowance was initially auctioned or handed out for free. Think of it this way. The price at which a scalper can sell Super Bowl tickets outside the stadium is the same whether he buys the tickets himself or finds them on the ground.

It is therefore noteworthy that although the caps are identical in both versions of the bill from 2030 through 2050, the caps are generally less restrictive in the revised bill from 2012 through 2029. For example, the original version caps 2020 emissions at 4,873 million metric tons, the revised version at 5,056 mmt. 

I’m counting on our friends at Heritage to explain what these changes mean in terms of jobs, energy prices, and GDP. Once thing is certain. The bill is still a de facto energy tax; and if enacted, it will still be the biggest tax hike in American history.

The San Francisco Chronicle reports that Rep. Henry Waxman thinks (despite what Rep. Joe Barton says) he has a deal to pass his cap-and-energy-tax legislation out of an Energy and Environment Subcommittee:

Congressional leaders who support a new cap on greenhouse-gas emissions reached agreement on a plan Thursday to ease the burden it will impose on refiners, paving the way for a key House panel to vote on the climate-change proposal next week.

Rep. Henry Waxman, D-Los Angeles, chairman of the House Energy and Commerce Committee, and Rep. Edward Markey, D-Mass., signed off on the compromise with Texas Democrats Gene Green and Charles Gonzalez. The cornerstone of their deal was a commitment to donate 2 percent of valuable carbon dioxide emissions permits to refiners.

Coal and electric have been declared the “big winners,” but the refinery permits do not appear to be enough (see 5/15 entry) for “Big Oil:”

Unfortunately, while the proposal is meant to solve a serious environmental challenge and spur growth in our weak economy, its inequitable system of allocations will have a disproportionate adverse impact on consumers and producers of gasoline, diesel fuel, jet fuel, crude oil and natural gas. Those who drive, fly or take the bus or train to work will shoulder a disproportionate burden and this must be rectified. Emission allowances will be distributed inequitably, ultimately imposing greater costs on consumers and producers of oil and gas.

No official comment was immediately available from residential thermostat adjusters or do-it-yourself gasoline pumpers.

Never mind the allegedly detrimental effect biofuels have by increasing greenhouse gas emissions and therefore global warming — the Obama Administration will continue to blast CO2 in the atmosphere by burning vegetation. It’s not a surprise as the president talked about it during his campaign, but now the ugly details are coming out and the new subsidies are being unveiled. From a May 5 White House press release:

President Obama today announced steps to further his Administration’s commitment to advance biofuels research and commercialization.  Specifically, he signed a Presidential Directive establishing a Biofuels Interagency Working Group, announced additional Recovery Act funds for renewable fuel projects, and also announced his Administration’s notice of a Proposed Rulemaking on the Renewable Fuel Standard.

The BIWG is to be co-chaired by Obama’s superheroic force of top eco-bureaucrats: Agriculture Secretary Tom Vilsack, Energy Secretary Steven Chu, and EPA Administrator Lisa Jackson. Part of their responsibilities will be to:

  • Immediately begin restructuring existing investments in renewable fuels as needed to preserve industry employment; and
  • Develop a comprehensive approach to accelerating the investment in and production of American biofuels and reducing our dependence on fossil fuels.

How is this plan to reward/subsidize failure and nonproductive jobs to be accomplished? Via bailout funds, of course:

The President also announced that $786.5 million from the American Recovery and Reinvestment Act will be provided to accelerate advanced biofuels research and development and expand commercialization by providing additional funding for commercial biorefineries.

So thanks to taxpayers, you can add bailouts for projects like this to the “rescued” banks, insurance companies and automakers:

Auction of F&S Oil’s biodiesel plant attracts just one bid

CHESHIRE, Conn. — A New Hampshire-based wholesale petroleum distributor submitted the only bid Thursday for F&S Oil’s biofuel production facility, but the total amount of the bid is uncertain and the bidding process remains open.

Frank Day, of Total Energy Solutions of Portsmouth, N.H., offered $75,000 for the entire plant during Thursday’s auction…

The bid was significantly lower than the $4 million to $12 million value suggested by a consultant…

The auctions, which attracted about two dozen people, were conducted by Thomas Gagliardi Jr., president of Thomas Industries of Guilford. Carlton E. Helming, the court-appointed receiver for F&S Oil, said he was “very disappointed” with the bid….

Or this:


Problem-plagued Athens Biodiesel (in Alabama) is facing foreclosure on its local operation by a California lending institution. The News Courier has run foreclosure notices on March 31, April 7 and Tuesday stating that the Temecula Valley Bank in Temecula, Calif., has instituted foreclosure proceedings on a loan taken out July 13, 2007.

In early March The News Courier reported Athens Utilities had cut electrical service to the plant off East Airport Road on the site of the old Knight Lumber Co. for non-payment of bills. Melvin Kilgore, owner of Athens Biodiesel, also acknowledged that he was a pay cycle behind in his payroll of about nine remaining employees….

Or this:

VeraSun auction of U.S. BioEnergy planned by March

NEW YORK, Jan 16 (Reuters) – Ethanol maker VeraSun Energy Corp received interim approval from a Delaware bankruptcy court judge to auction most of its U.S. BioEnergy ethanol plants by the end of March, according to court documents.

VeraSun, which filed for bankruptcy in October due to high corn prices, weak ethanol prices and a lack of access to financing, has had the U.S. BioEnergy plants idled since last year. It bought the plants for less than $700 million in 2008….

Should I keep Googling? These aren’t hard to find…perhaps some of the cap-and-tax carbon credits can also help bail these folks out.