ed markey

Last week, the House Energy and Commerce Committee unanimously approved H.R. 5626, Chairman Henry Waxman’s Blowout Prevention Act. Here’s the version of the bill as marked up and approved by the Committee. Here’s the earlier discussion draft on which the Energy and Environment Subcommittee held a hearing on June 30.

Like the discussion draft, the marked-up version of the bill is a Trojan Horse for restricting and, ultimately, shutting down deepwater oil production.

The most mischievous language is in the first substantive provision, Sec. (2).

Sec. (2)(a)(3) requires each applicant for a drilling permit to have an oil spill response plan ensuring “the applicant has the capacity to promptly control and stop a blowout in the event the blowout preventer and other well control measures fail” (p. 2). If the ongoing disaster in the Gulf has taught us anything, it is that once the blowout preventer and other well control measures fail, there may be no way “to promptly control and stop a blowout.” H.R. 5626 would establish a test no oil company can pass, a standard none can meet.

Nobody had the capacity to “promptly control and stop” the Macondo well blowout after the preventer and other well control measures failed — not BP, not the oil industry working as a team, not the federal and state governments working with the oil industry.

The sponsors had to know they were demanding the impossible when they drafted the bill. Consider these excerpts from a colloquy between Oversight and Investigation Subcommittee Chairman Bart Stupak (D-Mich.) and ExxonMobil CEO Rex Tillerson at the June 15 Energy and Environment Subcommittee hearing:

Stupak: “So when these things happen, these worst-case scenarios, we can’t handle them, correct?”
Tillerson: “We are not well equipped to handle them. There will be impacts as we are seeing. . . .That’s why the emphasis is always on preventing these things from occurring, because when they happen, we’re not very well equipped to deal with them.”
Stupak: “. . . so no matter which one of the oil companies here before us had the blowout, the resources are not enough to prevent what we’re seeing day after day in the gulf, not only the loss of 11 people, but we’re on, what, day 56 or 57 of oil washing up on shores. There is no other plan. There is no way to stop what’s happening until we finally cap this well, correct?”
Tillerson: “That is correct. . . . There is no response capability that will guarantee you will never have an impact. It does not exist and it will probably never exist.”

The discussion draft’s permitting requirements apply to all “high risk” wells, defined expansively as any offshore well plus any onshore well having the potential to cause serious environmental harm in the event of a blowout. The marked-up version targets “covered wells” rather than “high risk” wells, but this is largely a distinction without a difference. Covered wells include all wells located on the Outer Continental Shelf (OCS), plus any other well that, “based on criteria established by rule … could, in the event of a blowout, lead to extensive and widespread harm to public health, safety, and the environment” (pp. 41-42).

The OCS is defined (by reference to Sec. 1301 of the Submerged Lands Act) as waters lying seaward of three geographic miles from the coastline (p. 43). So H.R. 5626 would cover any deepwater well plus any shallow-water and onshore well where a blowout could lead to widespread environmental harm. Very few large wells would be exempt.

Presumably, operators could “promptly control and stop” a blowout at any onshore well and most shallow-water wells. Nonetheless, H.R. 5626 could effectively ban new wells in deep water, and deep water is the future of offshore oil and gas production. As the Department of Interior notes in its May 27 report, Increased Safety Measures for Energy Development on the Outer Continental Shelf, U.S. deepwater offshore oil production surpassed shallow water oil production in 2001, and in 2009, 80% of offshore oil production and 45% of offshore gas production “occurred in water depths in excess of 1,000 feet.” 

The bill does not clearly state how its requirements would apply to existing wells. Would an operator’s permit be revoked if he cannot demonstrate the capacity to “promptly control and stop” a blowout after the preventer and other well-control measures fail? If so, then the bill would not only block new deepwater drilling, it would also create a vehicle for shutting down existing wells. 

Sec. (2)(c) requires the operator to obtain a revised permit if he makes a “material modification” in well design, the blowout preventer, his plan to promptly stop a blowout, or his capability to begin or compete drilling of a relief well for a covered well. Apparently, then, an existing well would be subject to the new permitting requirements if it undertakes a “material modification.” In that case, however, the bill could discourage operators from making material improvements in well safety. Some might avoid or delay making safety improvements in order to avoid or delay becoming subject to an impossible standard. If I am reading these provisions correctly, H.R. 5626 could actually make offshore drilling less safe!  

Federal officials may not be able to finesse Sec. (2)(a)(3), even if they want to, because H.R. 5626 would empower “citizens” to enforce its provisions and associated regulations via litigation:

Any person having a valid legal interest which is or may be adversely affected may commence a civil action in Federal district court of appropriate jurisdiction on such person’s own behalf to compel compliance with this Act, or any regulation or order issued under this Act, or any regulation or order issued under this Act, against any person, including the United States, and any other government instrumentality or agency (to the extent permitted by the eleventh amendment to the Constitution) for any alleged violation of any provision of this Act or any regulation or order issued under this Act. [p. 28]

The discussion draft did not include the qualifier “valid legal interest.” But how difficult is it for an environmental group to demonstrate a “valid legal interest” in enforcing environmental laws and regulations? Enact the Blowout Prevention Act, and environmental groups will be able to sue any agency that fails to hold an oil company to an unattainable standard.

A few concluding thoughts. The security risks of dependence on petroleum imports are often hugely exaggerated, as the Cato Institute’s Jerry Taylor and Peter van Doren explain. Nonetheless, the sponsors of H.R. 5626 view petroleum imports with alarm. If the bill kills the future of U.S. offshore production, our dependence on Saudi Arabia and OPEC will increase. Is that what the sponsors want?

Perhaps their core premise is that oil is so evil that any restriction on oil production is good, because it will hasten the arrival of a “beyond petroleum” future. Such thinking is dangerous folly.

Although oil spills are bad, oil is good. Without oil, there would be no modern commerce and no mechanized agriculture. Life for most of humanity, including most Americans, would be poor, nasty, and short. Indeed, many of us would not even be alive.

Killing the future of offshore production would increase consumers’ pain at the pump, destroy tens of thousands of high-paying jobs, and undermine the economy of the Gulf Coast region. A “beyond petroleum” future would likely be just as distant — or even more so, because a poorer America would have fewer resources to invest in technological innovation.

Petrophobes overestimate their ability to predict and control the future. Consider these examples. 

  • In 1990, the California Air Resources Board (CARB) adopted a zero emission vehicle (ZEV) mandate requiring 10% of all new cars sold in California be electric vehicles by 2003. Ten percent of the California new-car market is about 150,000 vehicles. CARB had to backpeddle several times as it became apparent that consumers were not buying these costly, limited-range vehicles. In 2008, CARB reduced the mandate to 2,500 all-electric vehicles – a rollback of about 98%.
  • Congress in 2007 enacted a Renewable Fuel Standard (RFS) requiring refiners to sell 250 million gallons of cellulosic ethanol in 2011. Earlier this week, EPA announced it would reduce the 2011 target to 5 – 17 million gallons per year –  a 94-98% rollback.

It is not surprising that veteran petrophobes like Reps. Waxman and Markey (D-Mass.) drafted H.R. 5626. It is surprising that every Republican member voted for it too. Do any of them have buyer’s remorse? If not now, when?

Yesterday, the House Energy and Commerce Subcommittee on Energy and Environment held a hearing on H.R. 5626, the Blowout Prevention Act of 2010. Although the sponsors claim their intent is simply to prevent a disaster like the blowout of BP’s Macondo deepwater well from ever happening again, the bill would establish, as a precondition for obtaining a permit to drill, a test no oil company can pass.

Let’s look at the bill’s first substantive provision:

SEC. 2. NO DRILLING WITHOUT DEMONSTRATED ABILITY
 TO PREVENT AND CONTAIN LEAKS.
(a) FEDERALLY PERMITTED HIGH-RISK WELLS.—
Effective one year after the date of enactment of this Act, the appropriate Federal official shall not issue a permit to drill for a high-risk well unless the applicant for such
permit demonstrates, the Chief Executive Officer of the applicant attests in writing, and the appropriate Federal  official determines that—
(1) the blowout preventer and other well control measures will prevent a blowout from occurring;
(2) the applicant has an oil spill response plan that ensures that the applicant has the capacity to promptly stop a blowout in the event the blowout preventer and other well control measures fail; and
(3) the applicant has the capability to begin drilling of a relief well within 15 days, and complete such drilling of a relief well to control a blowout within 90 days of the well control event that causes such blowout.

The unattainable standard is in Section 2(a)(2). Under this provision, no oil company may obtain a permit to drill for a high-risk well unless it demonstrates the ”capacity to promptly stop a blowout in the event the blowout preventer and other well control measures fail.” But, as is painfully obvious, the Macondo well has been gushing oil into the Gulf of Mexico for more than two months with no clear end in sight. Nobody has the capacity to “promptly stop” the blowout after the preventer and other well control measures failed — not BP, not the oil industry working as a team, not the federal and state governments working with the oil industry.

In short, the bill would hold applicants for drilling permits to a standard that none can meet. Moreover, as fully documented here, the sponsors of the Blowout Prevention Act know very well that once the blowout preventer and other well control measures fail, physics takes over and there is no way to stop oil from spilling into the ocean environment. Consider these excerpts from a colloquy between Oversight and Investigation Subcommittee Chairman Bart Stupak (D-Mich.) and ExxonMobil CEO Rex Tillerson:

Stupak: . . . so no matter which one of the oil companies here before us had the blowout, the resources are not enough to prevent what we’re seeing day after day in the gulf, not only the loss of 11 people, but we’re on, what, day 56 or 57 of oil washing up on shores. There is no other plan. There is no way to stop what’s happening until we finally cap this well, correct?

Tillerson: That is correct. . . . There is no response capability that will guarantee you will never have an impact. It does not exist and it will probably never exist.

Now, you might suppose that although Section 2(a)(2) would effectively bar all drilling of “high-risk wells,” it would not affect offshore wells that are low-risk. Alas, no. Sec. 16(12)(A) defines “high risk” to include any “offshore oil or gas exploration or production well within 200 nautical miles of the coast of the United States.”

At yesterday’s hearing several members criticized this language as indiscriminate, because it ignores the site-specific circumstances (such as oil pressure, temperature, and geology) that would affect the risk level of a particular drilling operation. Chairmen Waxman (D.-Calif.), Markey (D-Mass.), and Stupak may thus agree to define “high risk” more narrowly — for example, offshore wells in water deeper than 1000 feet.

Even with this modification, however, the bill would still wreak havoc on offshore oil production. As the Department of Interior notes in its May 27 report, Increased Safety Measures for Energy Development on the Outer Continental Shelf, U.S. deepwater offshore oil production surpassed shallow water oil production in 2001, and in 2009, 80% of offshore oil production and 45% of offshore gas production “occurred in water depths in excess of 1,000 feet.” The future of offshore oil is in deep water. Even if “high risk” applies only to deepwater wells, H.R. 5626 would sabotage the industry’s future.

Sec. 16(12)(B) also defines ”high risk” to include any ”onshore oil or gas exploration or production well in the United States . . . that, in the event of a blowout, could lead to substantial harm to public health and safety and the environment.” Is there anyone in the environmental movement who does not think an oil spill in the Alaska National Wildlife Refuge (ANWR) “could lead to substantial harm to . . . the environment”? Let’s call this provision the ANWR Prohibition Clause. Of course, it could effectively prohibit onshore drilling in many places besides ANWR.

Federal officials won’t be able to finesse these strictures, even if they want to, because the bill would empower “citizens” to enforce the Act and its associated regulations and orders via litigation:

Any person may commence a civil action in Federal district court of appropriate jurisdiction on such person’s own behalf to compel compliance with this Act, or any regulation or order issued under this Act, or any regulation or order issued under this Act, against any person, including the United States, and any other government instrumentality or agency (to the extent permitted by the eleventh amendment to the Constitution) for any alleged violation of any provision of this Act or any regulation or order issued under this Act. [Sec. 16(a)]

Enact the Blowout Prevention Act, and every eco-litigation group will be able to sue any agency that fails to hold any oil company to an unattainable standard.

All of this would be okay if oil were evil and abolishing U.S. oil production could not happen too soon. That seems to be an unstated premise of the Blowout Prevention Act.

That premise, however, is outrageously false. Although oil spills are bad, oil is good. Without oil, there would be no modern commerce and no mechanized agriculture. Life for most of humanity, including most Americans, would be poor, nasty, brutish, and short. Indeed, many of us would not even be alive.

Banning offshore drilling would increase consumers’ pain at the pump, destroy tens of thousands of high-paying jobs, cripple the economy of the Gulf coast states, and make America more dependent on OPEC oil. Presumably, those are not results most Members of Congress want to bring about. Yet Congress will set the stage for just such a policy disaster if, applying the so-called Precautionary Principle to domestic oil production, it demands proof of absolute safety as a precondition for approving the operation of offshore and onshore wells.

In recent testimony before the Senate Environment and Public Works Committee, energy secretary Steven Chu makes a convoluted case for S. 1733, the Clean Energy Jobs and American Power Act, a.k.a. the Kerry-Boxer cap-and-trade bill.

Chu argues roughly as follows. Global investment in wind turbines and solar panels could reach $3.6 trillion by 2030. China is investing heavily. If we don’t ramp up our investment in “clean tech” products, we’ll be left behind, become increasingly dependent on foreign producers, and China will eat our lunch. The key to growing the U.S. clean-tech sector is to “put a price on carbon” — establish a “cap on carbon emissions that ratchets down over time.”

This is poppycock, as I explain today on MasterResource.Org, the free-market energy blog. 

Yes, China is investing heavily in solar panel and wind turbine manufacture, but China does not cap carbon. Also, only a small fraction of China’s production of solar photovoltaic generators — 20 megawatts out of 820 megawatts produced in 2007 — is for China’s domestic market. So capping domestic carbon emissions is not a prerequisite to success in exporting clean-tech products, nor is having a large domestic market for such products. The experience of the very country Chu spotlights as model and threat rebuts rather than supports the case he wants to make.

A key point Chu completely ignores is that, apart from certain niche markets, “clean tech” products consume more wealth than they create. That’s why they cannot “compete” without benefit of market-rigging mandates, subsidies, and penalties levied against fossil energy.

A fresh example of this inconvenient fact comes to us today from the great state of Massachusetts, home of Sen. John Kerry, chief sponsor of S. 1733, and Rep. Ed Markey, co-sponsor of the House companion bill, H.R. 2454, a.k.a. Waxman-Markey.

The Boston Globe reports that, ”A little more than a year after cutting the ribbon of a new factory in Devens built with $58 million in state aid, Evergreen Solar has announced it will shift its assembly of solar panels from there to China.”

Evergreen received “$58.6 in grants, loans, land, tax incentives, and other support,” says the Globe. Yet, ”Through the first nine months of this year, Evergreen lost $167 million, compared with $33.6 million for the same period last year.”

What would Chu have to say about this? Evergreen is not losing money because there’s no cap on carbon. Massachusetts is one of several states participating in a cap-and-trade program known as the Regional Greenhouse Gas Initiative (RGGI).

Why is Evergreen expanding operations in China?  ”Lower costs.” Such lower costs include lower-cost energy. To repeat, China does not have cap-and-trade; it does not put a price on carbon.

Now, I’ll wager that Evergreen would be losing money even if Massachusetts were a Kyoto-free zone. But we may surmise that Evergreen would not shift its operations to China if China’s economy were carbon-constrained.

Chu should at least consider the possibility that pricing carbon would vitiate what little competitiveness the U.S. clean-tech sector has. Low-cost energy is a source of competitive advantage, as China powerfully demonstrates. By increasing energy costs, cap-and-trade would make all U.S.-based manufacture less competitive, including companies specializing in clean-tech products.

Next week, the Senate Environment and Public Works Committee will hold three hearings on S. 1733, the Clean Energy Jobs and American Power Act,” also known as Kerry-Boxer after its co-sponsors Senators John Kerry (D-MA) and Barbara Boxer (D-CA). Kerry-Boxer is the Senate companion bill to H.R. 2454, the American Clean Energy and Security Act (ACESA), also known as Waxman-Markey after its co-sponsors Reps. Henry Waxman (D-CA) and Ed Markey (D-MA).

Part A of Title VII of Kerry-Boxer sets forth the emission reduction targets and timetables of the bill’s proposed greenhouse gas emissions cap-and-trade program. It is nearly identical to the corresponding section of the Waxman-Markey bill, the main substantive difference being a tougher emissions reduction target for the year 2020. Waxman-Markey requires a 17% reduction below 2005 levels by 2020; Kerry-Boxer, a 20% reduction. 

It would be a mistake, though, to suppose that those numbers reflect the full extent of the regulatory burdens Title VII Part A could impose on the U.S. economy. Identical language in both bills could (1) unleash a torrent of lawsuits against tens of thousands of relatively small emitters of carbon dioxide (CO2), and (2) put pressure on future presidents and congresses to adopt substantially tougher emission reduction targets. 

Section 701 Findings: Setup for CO2 Tort Litigation

Under the Kerry-Boxer and Waxman-Markey bill, business entities would be subject to the cap-and-trade program only if they emit at least 25,000 metric tons per year of carbon dioxide-equivalent (CO2-e) greenhouse gas (GHG) emissions. So on superficial inspection, if you are small manufacturer or just about any type of non-industrial facility, you will have no emission reduction obligations. That perception helps the bills’ proponents divide-and-conquer the business community.

In reality, the Findings in Kerry-Boxer and Waxman-Markey are the setup for litigation demanding additional emission reductions beyond those specified in the bills’ cap-and-trade programs. This is particularly worrisome because state attorneys general and environmental groups are already suing energy companies under tort law for emitting CO2.

The Findings say that “each increment of emission … causes or contributes … to the acceleration and extent of global warming and its adverse effects,” and “accordingly, controlling emissions in small as well as large quantities is essential” to reduce “threats” and “injuries,” including disease, death, property damage, bad weather, business losses; harm to forest, plants, wildlife, water resources, and air quality; and – as if that list weren’t inclusive enough — “other harm.”
 
Worse, the Findings go on to equate risk of harm with actual harm: “the fact that some of the adverse and potentially catastrophic effects of global warming are at risk of occurring and not a certainty does not negate the harm persons suffer from actions that increase the likelihood, extent, and severity of future impacts.” Get that? All plaintiffs will need is some remote, speculative possibility of catastrophic impacts — and of course that’s what the global warming scare is all about — and voila, harm has been done, injuries cry out for redress.
 
If the language in the Findings becomes the law of the land, there will be no stopping the flood of common law nuisance suits. Any increment of emissions, no matter how small, will be deemed to cause or contribute to global warming and its harmful effects. And even if no harm can be proved, the risk of harm will count as actual injury.

Bottom line: Although EPA, initially, may only regulate entities emitting at least 25,000 tons of CO2-e per year, the Findings implicitly authorize litigation targeting vast numbers of small entities.

Section 705 Review and Program Recommendations: Setup for Moving Goal Posts
 
There’s a lot of mischief in this section, too. To begin with, Sec. 705 requires the EPA Administrator, every four years, to address “existing scientific information and reports, considering, to the greatest extent possible, the most recent assessment report of the Intergovernmental Panel on Climate Change, reports by the United States Global Change Research Program … ” This provision will turn EPA into an even more uncritical rubber stamp for the IPCC and USGCRP than it already is. More than ever, IPCC and USGCRP will write their reports to influence U.S. policy (i.e. they will be even more politicized) and their influence will increase. Cheer if you like agenda-driven science!
 
Sec. 705 also requires EPA to report on annual emissions and annual per-capita emissions by country. Not a word, though, about tracking emission intensity (greenhouse gas emissions per dollar of output) by country. In other words, the metrics have been selected to paint the United States in the worst possible light.
 
Also, as you’d expect, the Administrator is required to assess the impacts of climate change on everything under the Sun — populations, health, livelihoods, tribal culture, weather, fresh water, ecosystems, agriculture, etc. — but there is no requirement to assess the impacts of climate policy on anything. This despite a requirement that the Administrator use a “risk management framework.”
 
Similarly, the Administrator is supposed to assess the potential non-linear, abrupt, or essentially irreversible changes in the climate system but he is under no corresponding obligation to assess factors that might stabilize the climate and counteract the forcing effects of greenhouse gases.
 
Now here’s where it gets serious. The Administrator is also required to assess what terrible things won’t be prevented by limiting CO2 equivalent emissions to 450 ppm or global warming to 2°C (3.6°F) beyond pre-industrial temperatures. This sets up the Administrator to advocate 350 as the new 450. It specifically requires the Administrator to identify “alternative thresholds or targets that may more effectively limit the risks” of climate change.
 
Similarly, the Administrator must assess whether the Kerry-Boxer bill, taking into account international actions and commitments, is sufficient to limit GHG concentrations to 450 ppm and global warming to 2°C above pre-industrial temperatures, or whether ”other temperature or greenhouse gas thresholds identified” by the Administrator would be more protective.
 
So the U.S. Climate Action Partnership gang are naive if they think the Kerry-Boxer and Waxman-Markey emission reduction targets, once enacted, will be set in stone. These bills are just the framework for more aggressive emission reduction requirements to come. Regulatory certainty is an illusion.
 
Perhaps because some people just don’t trust EPA — imagine that! — Kerry-Boxer requires the National Academy of Science (NAS) to undertake a similar four-year review of climate science and policy. If the NAS concludes that the United States will not meet the Kerry-Boxer targets, or that 450 ppm and 2°C are not sufficiently protective, the President “shall” submit a plan to Congress identifying the domestic and international actions that will achieve the additional reductions. This language implicitly makes the president a handmaid of the National Academy. Once Jim Hansen and his NAS buddies decide that 350 is the new 450, the president “shall” submit a plan explaining how we get there.

Much of the debate on Kerry-Boxer and Waxman-Markey has centered on the bills’ emission reduction targets. Meeting those targets could destroy millions of jobs. The not-so-hidden fangs lurking in Sections 701 and 705 pose additional significant threats to the economy — and provide additional reasons to oppose such legislation.

Today’s excerpt from CEI’s film, Policy Peril: Why Global Warming Policies Are More Dangerous Than Global Warming Itself, is on the global warming movement’s anti-coal campaign and the dangers it poses to U.S. consumers and the economy. To watch today’s clip, click here. To watch the entire film, click here.

The text of today’s excerpt follows. I provide additional commentary and links to supporting information in the footnotes.

Narrator: First and foremost, they want to ban construction of new coal-fired power plants. [1] Why? Coal is the most carbon-intensive fuel. It releases the most carbon dioxide per unit of energy produced. [2]

More importantly, emissions from new coal plants are expected to swamp, by as much as five to one, all the emission reductions that Europe, Canada, and Japan might achieve under the U.N. global warming treaty, the Kyoto Protocol. Either global warming activists kill coal, or coal will bury Kyoto. [3]

coal-v-kyoto

Figure Source: Myron Clayton, New coal plants bury ‘Kyoto,’ Christian Science Monitor, 23 December 2004.

Narrator: To be fair, the activists say they’ll allow new coal generation, if the power plants deploy something called CCS, carbon capture and storage technology. [5] The idea is that instead of releasing CO2 into the air, the power stations would capture it, liquefy it, and then transport it to underground storage sites. [6] There’s just one problem. No commercial coal plants today have CCS technology. [7]

I asked Mary Hutzler, formerly head of analysis at the Energy Information Administration, how long it would take just to determine whether a CCS system would be economical for utilities to build.

Mary Hutzler, former Acting Acting Administrator, Energy Information Administration: It probably requires an immense amount of research and development. People have told me 1o to 15 years alone. [8]

Narrator: Mary also told me that building a national CCS pipeline network could take another decade. Developing the regulations would also take years. [9] So the proposed moratorium is really a ban on new coal plants for 20 years or more.

What’s the risk here? New coal generation is forecast to supply two-thirds of all new electric power over the next two decades. By 2030, new coal generation is expected to provide 15% of all our electricity. [10] So banning it, could create one heck of a power deficit. Frequent blackouts and power failures–an energy crisis would not be an unlikely consequence. At a minimum, our electric bills would go way up.

Narrator: But Al Gore is not content to ban new coal plants. He now proposes to scrap all existing coal plants and natural gas power plants too. He says we must replace all carbon-based electricity with carbon-free electricity in just 10 years–by 2018. [11]

Ben Lieberman (Heritage Foundation): The idea is absolutely off the charts, unrealistic. [12]

Dr. Patrick Michaels (Cato Institute): Al Gore is proposing the literally, physically impossible. [12]

 Commentary

[1] James Hansen, the NASA scientist whose congressional testimony during the hot summer of 1988 launched the global warming movement, calls coal power plants ”factories of death“ and “the single greatest threat to civilization and all life on our planet.” The “top priority of any climate policy must be to stop the building of traditional coal plants,” writes climate crusader Joe Romm. He continues: “A climate policy that does not start by achieving at least the first goal, a moratorium on coal without CCS, must be labeled a failure.” “The silver bullet [for global warming] is no more coal,” says Architecture 2030. “Kill Coal. Coal is the enemy of the human race,” declares the Sustainable Development Issues Network. My Google search shows that global warming and coal are discussed on some 4,470,000 Web sites. It’s a safe bet most of those sites share the Gorethodox sentiments quoted above. 

[2] Different fossil (carbon-based) fuels emit different amounts of CO2 in relation to the energy they produce. For a variety of fuels, the U.S. Energy Information Administration compares pounds of CO2 emitted per energy output measured in British thermal units (Btu).

Fuel                                                        Pounds/Btu

Natural Gas                                          117

Liquefied petroleum gas                 139

Gasoline                                                156

Coal (bituminous)                             205

Coal (subituminous)                        213

Coal (lignite)                                       215

Petroleum coke                                 225

Coal (anthrocite)                              227

From these numbers, we can calculate the emission ratios (or relative CO2 intensity) of the fuels. For example, bituminous coal is 1.37 times more CO2-intensive than gasoline, and 1.75 more CO2-intensive than natural gas.

[3] The Christian Science Monitor chart shown above and in the film clip is based on late 2004 estimates by UDI-Platts, the U.S. Energy Information Administration (EIA), and unspecified industry sources. David Hawkins of the Natural Resources Defense Council (NRDC), in a February 2005 speech, presented a similar bottom line, based on International Energy Agency (IEA) data. He said:

 The International Energy Agency (IEA) forecasts that 1400 GW of new coal plants will be built worldwide in the next 25 years alone. To put that in context, current U.S. coal capacity is about 330 GW and global capacity is 1000 GW. This enormous increase in coal capacity will lock us into a huge additional commitment to global warming unless we use technologies that reduce CO2 emissions to minimal levels; marginal efficiency improvements will not prevent this lock-in.

The lifetime emissions from just this next wave of coal investment will be about 580 billion tons of CO2. That amount is more than half the total loading of the atmosphere with CO2 from all forms of fossil fuel combustion in the past 250 years!

Build scores or hundreds of new coal plants, and the Kyoto CO2 reductions barely amount to a drop in the bucket. As has been widely reported, China is building coal power plants at the rate of one a week.

[5] A wide-ranging coalition of environmental groups called “Coal Moratorium Now“ demands that no new coal-fired power station be built unless it is equipped with carbon capture and storage. In 2008, Reps. Henry Waxman (D-CA) and Ed Markey (D-MA)–the authors of the 2009 Waxman-Markey cap-and-trade bill (H.R. 2454, the American Clean Energy and Security Act)–introduced legislation (H.R. 5575) to impose a moratorium on new coal plants lacking CCS. In March 2009, state legislators introduced a similar bill in Texas. In April 2009, the UK Government proposed regulations requiring new coal plants to install CCS on at least 400 MW of output–about 25% of the output of an average power station. In addition, the power stations would have to capture 100% of their emissions by 2025–if the applicable technology exists by then. That’s a big “if.”

[6] A wealth of both basic and technical information on CCS is available in studies by MIT, the U.S. Government Accounting Office, the Electric Power Research Institute (EPRI), the Congressional Research Service, the Department of Energy (DOE), and Glaser et al. (2008).

[7] Oil companies sometimes inject CO2 into wells to squeeze more petroleum out of them–a technique called enhanced oil recovery (OER). Sometimes people talk as if a CCS system could piggy-back on EOR projects. But, as MIT’s Future of Coal report points out, CO2 injection for EOR has “limited significance for long-term, large-scale CO2 sequestration–regulations differ, the capacity of EOR projects is inadequate for large-scale deployment, the geologic formation has been disrupted by production, and EOR projects are usually not well instrumented [monitored for CO2 leakage; p. xiii].”

The Department of Energy (DOE), citing rising costs, pulled the plug on FutureGen, a $1.5 billion government-industry partnership to build the world’s first commercial scale CCS power plant. In July 2009, however, FutureGen Alliance, Inc. announced it had reached an agreement with DOE to begin “construction of the first commercial-scale, fully integrated carbon capture and sequestration project in the country in Matton, Ill.” So there is still not even a commercial-scale demonstration project, though there may be in the next few years.

[8] MIT’s March 2007 Future of Coal report calls for large demonstration projects in 3-4 sites in different regions of the country costing “$500 million over eight years.” Better still, MIT argues, “Five large tests could be planned an executed for under $1 billion, and address the chief concerns for roughly 70% of U.S. [coal generation] capacity. Information from these projects would validate the commercial scalability of  geologic carbon storage and provide a basis for regulatory, legal, and financial decisions needed to ensure safe, reliable, economic sequestration” (p. 54).

EPRI’s Bryan Hannegan estimated in March 2007 that CO2 capture (including compression, transportation, and storage) would increase the levelized cost of an Integrated Gassification Combined Cycle (IGCC) coal power plant by ”about 40-50%” (p. 5). IGCC is already more costly than the more common pulverized coal (PC) power plants. EPRI is confident that additional RD&D will lower carbon capture costs. But by how much and how soon is uncertain.

A February 2009 Stanford University study, citing a September 2008 McKinsey & Co. study and other sources, says that CCS is projected to increase the capital costs of new coal power plants by almost 50%. “On the basis of avoided emissions, the cost of CCS ranges from $30-$90/ tonne CO2, which translates into a 60-80% increase in the levelized cost of electricity ($/MWh).” 

A July 2009 Harvard University study estimates that early adopters of carbon capture technology will incur a cost of $100-$150/ton of CO2 avoided (equivalent to 8-12 cents/kWh). Once the technology matures, the additional cost will fall to $35-$50/ton of CO2 avoided (equivalent to 2-5 cents/kWh), the researchers estimate. For comparison, in 2009, residential electric rates were 20.9 cents/kWh in Connecticut, 9.2 cents/kWh in Kansas, and 14.6 cents/kWh in California.

How long between early adoption and technological maturity? According to the researchers, increasing scale, learning by doing, and technological innovation “are expected to reduce abatement [CO2 capture] costs by approximately 65% by 2030, although such estimates are inevitably uncertain” (emphasis added). 

In plain speak, it may take many years to sort out the economics of CCS.

[9] The scale of the network of pipelines and storage sites required to transport and bury CO2 from U.S. coal power plants is staggering. According to MIT’s Future of Coal report (p. ix):

  • The United States produces about 1.5 billion tons per year of CO2 from coal-burning power plants.
  • If all of this is CO2 is transported for sequestration, the quantity is equivalent to three times the weight and, under typical operating conditions, one-third the annual volume of natural gas transported by the U.S. gas pipeline system.
  • If 60% of the CO2 produced from U.S. coal-based power generation were to be captured and compressed into a liquid for geologic sequestration, its volume would about equal the total U.S. oil consumption of 20 million barrels per day.
  • At present the largest sequestration project is injecting one millions tons/year of carbon dioxide (CO2) from the Sleipner gas field into a saline aquifer under the North Sea.

Even if Congress approves such a system, and major environmental groups support it, NIMBY (“not in my backyard”) protests and litigation could block or delay implementation for many years. Some people just don’t like energy projects, regardless of how “green” the projects purport to be. For the gory details, check out the U.S. Chamber of Commerce’s ”Project No Project“ Web site. 

[10] Two-thirds of all new generation and 15% of total U.S. electric supply–these estimates came from the Energy Information Administration’s (EIA) 2008 Annual Energy Outlook. See the figure below.

eia-2008-coal-electric-generation

Coal’s estimated share of new generation and total generation are lower in EIA’s Annual Energy Outlook 2009. EIA forecasts that from 2007 to 2030, new coal generation will provide 64% of all new generation and 9% of total U.S. electric supply. See the figure below.

eia-2009-coal-electric-generation1

Actually, it’s remarkable that EIA still forecasts a robust increase in electric generation from coal. Coal increasingly operates in a politically hostile, litigious environment. The Sierra Club, for example, claims that its activists, lawyers, and allies, working with state and local leaders, have prevented 100 planned coal power plants from being built over the past eight years. Click here for a partial list.

For example, even in Texas, an energy-producing state, environmental activists stopped TXU Corp. from building eight of 11 planned new coal power plants, despite estimates by the Perryman Group that investment in the new plants, over five years, would add $25.8 billion to state GDP, $17.3 billion to in-state personal income, and 389,000-plus person-years of employment.

[11] I’m not making this up. The text and video of Gore’s speech calling for carbon-free electricity by 2018 are available here.

[12] According to the EIA, in 2008, renewable sources generated 356 billion kWh, of which 259.7 billion kWh, or 73%, came from conventional hydro-electric dams. Total net generation by the electric power sector was 3852 billion kWh. So renewables provided only 9% of total generation, which means that only about 2.4% came from the politically-correct renewables–wind, biomass, solar, and geothermal.

Note that non-hydro renewable sources would provide even less electricity but for a plethora of market-rigging federal and state tax breaks and subsidies and Soviet-style production quotas known as renewable portfolio standards.

Coal and natural gas provided 2654 billion kWh, or about 69% of total U.S. electric generation in 2008. Gore and his allies would undoubtedly oppose the construction of new large hydroelectric dams even if suitable sites were available. So what Gore and “We Can Solve It” are proposing to do, is replace the 69% of our electricity that comes from coal and natural gas with the non-hydro renewables that currently supply only 2.4%–all in 10 years. 

This plan would fail–dismally. Our electricity rates would skyrocket, because the demand for renewable electricity, ramped up by mandates, would vastly exceed supply. No transition that big and that fast would be smooth. Service disruptions and blackouts would likely be frequent and perversive–a chronic energy crisis.

Gore’s plan would also set a world record for government waste, since hundreds of profitable coal and natural gas power plants would have to be decommissioned long before the end of their useful lives.   

 To read previous posts in this series, click on the links below:

Today’s excerpt from CEI’s film, Policy Peril: Why Global Warming Policies Are More Dangerous Than Global Warming Itself, is on cap-and-trade.  

What is cap and trade?

Cap-and-trade is Al Gore’s (and the environmental community’s) leading “solution” to the alleged “climate crisis”–the centerpiece, for example, of the Kyoto Protocol climate treaty.

There are many technical  issues in the design and implementation of a cap-and-trade program, but the basic idea is as follows. 

The government establishes a legal limit–a “cap”–on the total quantity of greenhouse gases that regulated (“covered”) entities may emit. Each covered entity must acquire one federally-created or -certified allowance (permit, ration coupon) for every ton of carbon dioxide-equivalent (CO2-e) greenhouse gases it emits. The total number of allowances allocated exactly equals the number of tons permissible under the cap. Thus, as the cap tightens, the supply of coupons shrinks, and emissions from covered entities decline.

An entity with high emission-reduction costs may simply decide to cut its energy use and economic output, but it may also buy surplus coupons from an entity with lower emission-reduction costs. The buying and selling of ration coupons is the “trade” part of cap-and-trade.

“Market-based” is a misnomer

Supposedly, cap-and-trade leads to an economically-”efficient” solution. Participants are motivated to innovate and search for cheap emission-reduction opportunities not only to minimize their own costs but also to generate surplus coupons they can sell in the carbon trading market.

Cap-and-trade is often called “market-based” because each business, spurred by the desire to minimize costs and (if possible) amass surplus coupons it can sell for a profit, determines where and how to cut its emissions. This is in contrast to “command-and-control” regulation in which a central authority prescribes the emission rates (e.g. lbs. of Co2 per Megawatt hour of electricity generated or sold) or energy efficiencies covered entities must achieve, or the fuel types (e.g. wind, solar, geothermal) or technologies (e.g. carbon capture and storage) they must use.

In practice, however, cap-and-trade legislation typically contains buckets of command-and-control provisions. For example, the Waxman-Markey cap-and-trade bill (about which more later) mandates electric generation from renewable sources and imposes tough new efficiency standards for buildings, appliances, transport systems, and industry.

More fundamentally, as my colleague Myron Ebell points out in his testimony on Waxman-Markey, cap-and-trade is not really “market-based.” Cap-and-trade “subordinates markets to central planning. It takes the most important economic decisions [e.g. what kinds of energy technologies will dominate the market and how much consumers will have to pay for energy] out of the hands of private individuals acting in the market and puts them in the hands of government.”

Far from being “based” on the market, cap-and-trade would effect a gigantic expansion of government power and control over markets. The “cap” in cap-and-trade creates a government-run rationing system for the carbon-based fuels that supply 85% of our energy. Our liberties are at risk, as Myron explains in his testimony:

If enacted, Title III [the cap-and-trade portion of Waxman-Markey] would be the single largest government intervention in the economy since the Second World War. That was the last time–and we hope it remains the last time–when people had to present ration coupons in order to buy gasoline (and many other products including cars, tires, sugar, coffee, meat, cheese, butter, and shoes). While the debate has focused on costs, far too little attention has been paid to the extent that political and economic freedoms would be lost or impinged upon under cap-and-trade. I urge the Committee and the House to consider seriously and deeply the threat to our liberties posed by putting government in charge of how much and what type of energy we can consume.

Today’s Policy Peril excerpt

In today’s Policy Peril film excerpt, Dr. David Kreutzer, an economist with the Heritage Foundation, discusses his team’s analysis of the Lieberman-Warner bill (S. 2191), the leading cap-and-trade bill of 2008. You can view today’s film clip here. To watch Policy Peril from start to finish, click here. Previous posts in this series are available immediately below.

  • Policy Peril: Looking for an antidote to An Inconvenient Truth? Your search is over
  • Policy Peril Segment 1: Heat Waves
  • Policy Peril Segment 2: Air Pollution
  • Policy Peril Segment 3: Hurricanes
  • Policy Peril Segment 4: Sea-Level Rise
  • Policy Peril Segment 5: Is the Science Debate “Over”?
  •  Enough preliminaries; here’ s the text of today’s film excerpt:

    Narrator: Okay, so the global warming scare is built on speculation and hype. Now let’s look at the other side of the equation–the policies being promoted to combat global warming. What are they, and what are the associated risks?

    Several bills in Congress call for deep emission cuts by 2050. The most prominent in 2008 was the Lieberman-Warner bill. It would require a 70% emissions cut.

    Dr. David Kreutzer (Heritage Foundation): When we analyzed the impact of the Lieberman-Warner bill, we found three things: Incomes go down, taxes go up, and jobs go away.

    Narrator: Lieberman-Warner would reduce cumulative U.S. GDP by $5 trillion during 2012 to 2030. Let’s put that in perspective. A typical hurricane striking a U.S. coastal community does about $5 billion in damage.

    In the portion of the film just after today’s clip, Dr. Kreutzer compares the economic damage from Lieberman-Warner to that caused by a typical landfalling hurricane:

    Dr. Kreutzer: Well, adjusting for increases in wealth over the next 20 years, that means that the damage done by Lieberman-Warner in economic terms is the equivalent of over 600 hurricanes. Now, normally we have slightly less than two hurricanes per year that make landfall. So this is orders-of-magnitude worse than the damage that would be done by these weather storms, the hurricanes. That’s a big hit to the economy.  

    Commentary

    Cap-and-trade is an energy tax

    The Heritage Foundation study of Lieberman-Warner is available here. The Heritage folks point out what should be obvious. Eighty-five percent of U.S. energy comes from carbon-based (greenhouse gas-emitting) fuels. Capping emissions therefore means capping (restricting) energy use and/or compelling suppliers and consumers to switch from lower-cost fossil fuels to more expensive “alternative” energy sources. 

    Cap-and-trade “works” (reduces emissions) by making carbon-based energy more costly for consumers. Peter Orszag, President Obama’s budget director, unequivocally affirmed this point in his April 24, 2008 Senate Finance Committee testimony (p. 3) when he was Director of the Congressional Budget Office (CBO):

    Under a cap-and-trade program, firms would not ultimately bear most of the costs of the allowances but instead would pass them along to their customers in the form of higher prices. Such price increases would stem from the restriction on emissions and would occur regardless of whether the government sold emission allowances or gave them away. Indeed, the price increases would be essential to the success of a cap-and-trade program because they would be the most important mechanism through which businesses and households would be encouraged to make investments and behavior changes that reduced CO2 emissions.

    Barack Obama put the point more bluntly in January 2008, when campaigning as a presidential candidate. He said:

    Under my plan of a cap-and-trade system, electricity rates would necessarily skyrocket . . . because I’m capping greenhouse gases, coal power plants, natural gas — you name it — whatever the plants were, whatever the industry was, they would have to retrofit their operations. That will cost money; they will pass that money on to consumers.   

    In short, cap-and-trade is an energy tax by another name. As Myron likes to say: “There are three things you need to know about cap-and-trade: It’s a tax, it’s a tax, it’s a tax.” And since energy is the lifeblood of modern economies, energy taxes or their regulatory equivalent unavoidably raise consumer prices, reduce economic output, and reduce employment.

    Energy tax impacts 

    The Heritage study estimated the following impacts from the cap-and-trade component of Lieberman-Warner:

    • Cumulative GDP losses are at least $1.7 trillion and could reach $4.8 trillion by 2030 (in inflation-adjusted 2006 dollars).
    • Single-year GDP losses hit at least $155 billion annually and could exceed $500 billion (in inflation-adjusted 2006 dollars).
    • Annual job losses exceed 500,000 before 2030 and could approach 1,000,000.
    • The average household will pay $467 more each year for its natural gas and eletricity (in inflation-adjusted 2006 dollars).

    A study by the National Association of Manufacturers and the American Council for Capital Formation came to similar conclusions. According to NAM/ACCF, Lieberman-Warner would:  

    • Raise natural gas prices for residential consumers by 26% to 36% in 2020, and 108% to 146% in 2030.
    • Raise electricity prices for residential consumers by 28% to 33% in 2020, and 101% to 129% in 2030.
    • Raise gasoline prices by 29% or $1.10 (based on prices prevailing as of June 2008).
    • Reduce GDP growth by $151 billion to $210 billion in 2020, and $631 to $669 billion in 2030 (in 2007 dollars).
    • Reduce net job creation by 1.2 million to 1.8 million in 2020, and 3 million to 4 million in 2030.

    Charles River Associates also projected heavy economic impacts. In their analysis, Lieberman-Warner would:

    • Reduce real annual household spending by an average of $800 to $1,300 in 2015.
    • Reduce GDP by $160 billion to $250 billion in 2015.
    • Produce net job losses of 1.5 million to 2.3 million in 2015.

    The frothings of right-wing paranoia, you say? Well, then EPA, too, must be part of the vast right-wing conspiracy. In EPA’s analysis , Lieberman-Warner would:

    • Increase gasoline prices by $0.53 a gallon in 2030.
    • Reduce U.S. GDP by $238 billion to $983 billion in 2030.
    • Increase electricity prices by 44% in 2030.

    All pain for no gain 

    All in all, not a pretty picture! Yet Lieberman-Warner would have no measurable impact on global temperatures for many decades, if ever. Assuming for a moment the correctness of the scientific basis for these policies, Lieberman-Warner would prevent 0.013ºC of global warming by 2050, Dr. Patrick Michaels estimates. Even if all industrialized countries adopt Lieberman-Warner, total global warming averted is 0.11ºC by 2050–too little for scientists to detect.

    With this abysmal cost-benefit ratio (trillions in costs for undetectable global warming reductions), it is small wonder that S. 2191 died in the Senate in June 2008. 

    Rube Goldberg Green

    But perhaps the main reason Lieberman-Warner fizzled is that the U.S. Chamber of Commerce exposed the bill as a Rube Goldberg scheme rife with mandates, regulation, and red tape. The Chamber’s Lieberman-Warner flow chart is one of those pictures worth a thousand words. Please take a moment to behold the infernal complexity of it all!

    The sausage factory known as the “legislative process” always mingles and mangles cap-and-trade with prescriptive mandates, special-interest carve outs, and bureaucratic empire building.

    Rent seeking

    Special-interest manipulation and gaming are an unavoidable affliction. Consider Europe’s emissions trading system (ETS), which was a bonanza for special interests during the first three years of its operation (2005 to 2007). In Europe’s Dirty Secret: Why the EU Emissions Trading Scheme isn’t working, the British think tank Open Europe details a host of abuses, including:

    • Governments over-allocated allowances to domestic firms (to reduce costs and create competitive advantage), collapsing credit prices from €33 to €0.20 per ton, “meaning that the system did not reduce emissions at all.”
    • Utilities got free allocations, passed the imaginary costs onto customers in the form of higher electric rates, and then sold the coupons they didn’t need — double dipping at the expense of industrial manufacturers and consumers.
    • Small institutions like hospitals did not get free coupons and ended up subsidzing well-connected energy companies.

    Dr. Kreutzer’s colleague Ben Lieberman (who also appears in Policy Peril) testified recently before the Senate Foreign Relations Committee on Europe’s experience with cap-and-trade. Ben’s take on the hearing is a knee-slapper:

    I was the only one on the panel who thought the problems in Europe were not fixed. The repesentative from Shell said that the original problem was the over-allocation of free allowances, which has since been corrected–and he then argued for more free allocations for refiners. A BASF representative also said the problem with free allocations had been fixed–and went on to say that the chemical industry needs more free allocations.

    The Heritage Foundation analysis of Lieberman-Warner also found that it would transfer immense wealth from consumers to special interests. Later on in Policy Peril, Dr. Kreutzer comments:

    Dr. Kreutzer: The Lieberman-Warner bill also enacts a huge transfer from the consumers of energy to groups that are picked out–special interest groups that Congress would designate. So after America has lost $5 trillion in income, there will be another $5 trillion taken and transferred from energy consumers.

    Regressive

    Because even an idealized cap-and-trade program is the regulatory equivalent of an energy tax, its economic impact is regressive, meaning that it imposes a relatively greater burden on poor households, who spend a larger share of their income on energy and other basic necessities. The Congressional Budget Office (CBO) report, Tradeoffs in Allocating Allowances for CO2 Emissions (April 2007), is crystal clear on the point:

    Regardless of how allowances were distributed, most of the cost of meeting a cap on CO2 emissions would be borne by consumers, who would face persistently higher prices for products such as electricity and gasoline. Those price increases would be regressive in that poorer households would be a larger burden relative to their income than wealthier households would.

    Mirage of regulatory predictability

    Proponents spout a lot of happy chatter about how cap-and-trade will create a “predictable” regulatory framework for businesses, because Congress will specify in advance how much and how fast emissions must decline. But this claim ignores the enormous potential of cap-and-trade bills to spawn a new era of regulatory litigation, creating uncertainty and delays for business investment. Have a look again at the U.S. Chamber chart of Lieberman-Warner. The bill contains 300 regulations and mandates, each of which most go through the bureaucratic process illustrated in the center of the chart. Many of those rulemakings would likely be litigated. 

    Moreover, the “predictability” most important to business is cost predictability. Uncertainty regarding compliance costs makes it difficult for businesses to plan and attract capital for major projects. Key point: A cap produces cost uncertainty precisely to the extent that it achieves emissions certainty.

    That is, when the quantity of emissions is fixed by law, covered firms have to comply regardless of what it costs, and any number of factors outside the covered entity’s control — unseasonable weather, natural disasters, energy crises, business cycles — can affect cost.

    Proponents of greenhouse gas cap-and-trade schemes tout the Clean Air Act’s Acid Rain sulfur dioxide (SO2) emissions trading system as a model. But as  Ken Green, Stephen Hayward, and Kevin Hasset of the American Enterprise Institute point out:

    SO2 trading prices have varied from a low of $70 in per ton in 1996 to a high of $1500 per ton in late 2005. SO2 allowances have a monthly volatility of 10 percent and an annual volatility of 43 percent over the last decade.  

    The potential for cap-and-trade to generate allowance-price volatility — hence energy-price volatility — is vast. As Green, Hayward, and Hasset also note, in 1994, California’s South Coast Air Quality Management District (SCAQMD) launched RECLAIM (Regional Clean Air Incentives Market), an emissions trading program for SO2 and nitrogen oxides (NOx). SCAQMD estimated that SO2 and NOx would be reduced by 14 and 8 tons per day respectively, by 2003, at half the cost of prescriptive, command-and-control approaches. The authors comment:

    RECLAIM never came close to operating as predicted and was substantially abandoned by 2001. Between 1994 and 1999, NOx emissions fell only 3 percent, compared to a 13 percent reduction in the five years before RECLAIM. There was extreme price volatility aggravated by California’s electricity crisis of 2000. NOx permit prices ranged from $1,000 to $4,000 per ton between 1994 and 1999, but soared to an average price of $45,000 per ton in 2000, with some individual trades over $100,000 per ton. Such high prices were not sustainable, and SCAQMD removed electric utilities from RECLAIM in 2001.

    Waxman-Markey: impacts and offsets

    The big kahuna of cap-and-trade bills this year is the American Clean Energy and Security Act (ACES), H.R. 2454, commonly known as Waxman-Markey for its co-sponsors, House Energy and Commerce Chairman Henry Waxman (D-CA), and Energy & Environment Subcommittee Chairman Ed Markey (D-MA).

    On March 31, 2009, Waxman and Markey circulated a “discussion draft” of ACES. On May 13, 2009, Dr. Kreutzer and the Heritage team published their economic impact assessment of the cap-and-trade provisions. The discussion draft cap-and-trade program aimed to reduce greenhouse gas emissions from covered sources 20% below 2005 levels by 2020, 42% below by 2030, and 83% below by 2050. The Heritage analysis projected that, by 2035, the bill would:

    • Reduce cumulative GDP by $7.5 trillion.
    • Lower average annual employment by 844,000 jobs, reducing employment by 1.9 million jobs in peak years.
    • Raise electricity rates 90% after adjusting for inflation.
    • Raise inflation-adjusted gasoline prices by 74%.
    • Raise an average family of four’s yearly energy bill by $1,500.
    • Increase inflation-adjusted federal debt by 29%, or $33,400 additional debt per person.

    A key uncertainty in estimating the economic impacts of a cap-and-trade program is the extent to which covered entities may meet their obligations by earning or purchasing “offsets.” An offset is a credit for greenhouse gas-reducing investments in economic sectors or geographic regions not subject to the cap. For example, offsets may be awarded for investing in tree plantations in developing countries (trees remove CO2 from the air).

    The Breakthrough Institute contends that the offset provisions in Waxman-Markey are so generous they all but eliminate any real constraint on U.S. domestic CO2 emissions until 2025 or 2030. Indeed, the bill authorizes up to 2 billion tons in offsets for domestic projects and 1.5 billion tons in offsets for international projects. (All of which, incidentally, is tacit admission that the costs of cap-and-trade can be severe and must in some way be mitigated or limited.)

    Other analysts note that offsets are highly susceptible to fraud and creative accounting. For example, a Chinese company might increase its emissions of hydrochloroflourocarbons (HCFCs), which are very potent synthetic greenhouse gases, just so offset-seeking U.S., European, and Japanese businesses can pay the Chinese company to reduce those emissions. Assuring the integrity of an offset is “challenging,” says the Government Accounting Office (GAO), ”because it involves measuring the reductions achieved through an offset project against a projected baseline of what would have occurred in its absence.” The House of Representatives had an offset program to achieve “carbon neutrality,” but abandoned it after finding out the program was paying farmers to do what they would do anyway (use tilling practices that keep the carbon buried in the soil).  Award enough dubious offsets, and the Waxman-Markey cap becomes a leaky sieve.

    On the other hand, the Heritage Foundation’s May 13, 2009 study argues that the bill, perhaps recognizing the potential for fraud, ”includes significant hurdles for those wishing to use offsets.” Heritage assumes in its analysis that offsets will alleviate the stringency of the caps by 15%.

    Charles River Associates (CRA), in a May 2009 study commissioned by the U.S. Black Chamber of Commerce, assumes full use of international offsets, notwithstanding well-known “difficulties in measuring, veryifying, and ensuring the permanence” of the emission reductions claimed for such projects. Under this assumption, total U.S. emissions from 2012 to 2050 to exceed the cap by about 30%–double the 15% assumed in the Heritage analysis.  Accordingly, the CRA study of Waxman-Markey, as introduced on May 15, 2009, projected smaller although still significant economic impacts. 

    Under the Waxman-Markey cap-and-trade program, CRA estimates:

    • Retail natural gas rates would increase by 10% in 2015, 16% in 2030, and 34% in 2050 relative to the baseline in the Energy Information Administration’s (EIA) Annual Energy Outlook 2009 (AEO09).
    • Retail electric rates would increase by 7.3% in 2015, 22% in 2030, and 45% in 2050 relative to the AEO09 baseline.
    • The per-gallon cost of gasoline would increase by 12 cents in 2015, 23 cents in 2030, and 59 cents in 2050 relative to baseline levels.
    • U.S. employment would decline by 2.3 million to 2.7 million jobs in each year of the policy through 2030 relative to baseline levels (even after accounting for “green job” creation).
    • Average wages would decline by $170 in 2015, $390 in 2030, and $960 in 2050 relative to basline levels.
    • Average household purchasing power would decline by $730 in 2015, $830 in 2030, and $940 in 2050 relative to baseline levels.
    • GDP in 2030 would be 1.1% or $350 billion lower than the baseline level.

    Rejected consumer protections

    Waxman and Markey introduced their bill in the House on May 15 and the House Energy and Commerce Committee appoved a marked-up (amended) text on June 5. It is quite revealing what amendments the Committee rejected.

    On largely party-line votes, Committee Democrats voted down:

    • Rep. Fred Upton’s (R-MI) amendment suspending the Act if the EPA Administrator determines that the U.S. unemployment rate has reached 15% as result of the Act.
    • Rep. Lee Terry’s (R-NB) amendment suspending the Act if the price of gasoline exceeds $5 a gallon.
    • Rep. Roy Blunt’s (R-MO) amendment suspending the Act if retail electricity prices increase by more than 10%.

    Waxman-Markey grows and grows

    Heritage Foundation’s analysis of Waxman-Markey as approved by the House Energy and Commerce Committee on June 5 is available here. To obtain enough votes needed for passage, Waxman and Markey and House Speaker Nancy Pelosi (D-CA) kept expanding the bill with more and more goodies for utilities and other affected interests. Between Committee approval on June 5 and placement on the House Calendar on June 19 the bill grew from 742 pages to about 1,200 pages. Then, at 3:00 a.m. the night before the House floor vote on June 26, the bill grew by almost 300 pages, finally weighing in at 1,427 pages. Most House members had no idea what they were voting on. Waxman-Markey as passed is so complicated that CBO needed 156 closely-printed pages just to summarize the bill’s provisions.

    On August 6, 2009, David Kreutzer and his Heritage Foundation colleagues (Karen Campbell, William Beach, Ben Lieberman, and Nicolas Loris) released their analysis of Waxman-Markey as passed. The results are not too different from their initial analysis of the Waxman-Markey discussion draft. Under Waxman-Markey as passed:

    • Impose a defacto energy tax on the U.S. economy costing $5.7 trillion during 2012-2035.
    • Cumulative GDP losses are $9.4 trillion between 2012 and 2035.
    • Single year GDP losses are $400 billion in 2025 and will ultimately exceed $700 billion.
    • Net job losses approach 1.9 million in 2012 and could approach 2.5 million in 2035.
    • A family of four on average will pay $839  more per year on energy-related utility costs.
    • Cumulative manufacturing output is $585 billion lower than the baseline amount by 2035 .
    • Gasoline prices will rise by 58% ($1.38 more per gallon) and residential electricity rates will rise by 90%.

    A report by the American Council for Capital Formation (ACCF) and the National Association of Manufacturers (NAM), using the National Energy Modeling System (NEMS) developed by the Energy Information Administration (EIA), arrives at similar results:

    • In 2030, inflation-adjusted GDP is reduced by 1.8% ($419 billion) under a low-cost scenario and by 2.4% ($571 billion) under a high cost scenario compared to the baseline forecast. For perspective, Social Security payments to retirees in 2008 totaled $612 billion.
    • Cumulative GDP losses during 2012-2030 range from $2.2 trillion under the low-cost case to $3.1 trillion under the high cost case.
    • In 2030, industrial output levels are reduced by between 5.3% and 6.5% under the low- and high-cost scenarios.
    • Even when “green jobs” are factored in, total U.S. employment averages 420,000 to 610,000 fewer jobs each year under the low- and high-cost scenarios than under the baseline forecast. By 2030, there are between 1,790,000 and 2,440,000 fewer jobs overall.
    • Electricity prices are 5% to 8% higher by 2020, and by 2030 electricity prices are between 31% and 50% higher.
    • In 2030, household income declines from $730 in the low-cost case to $1,248 in the high cost case.

    Postage stamp per day?

    You may have heard from supporters that Waxman-Markey would cost the average family only $175 per year in 2020, or about a postage stamp per day, according to analyses by the Congressional Budget Office (CBO) and the EPA. That’s a small price to pay, we’re told, to save the planet!

    The Heritage team’s rebuttal is worth quoting at length. Here’s their take on the EPA analysis:

    First, the EPA employs a technique from the financial world called “discounting” to reduce the value [of the Waxman-Markey economic impacts]. For example, the EPA estimates that the inflation-adjusted cost per household in 2050 will be $1,287. However, after this value is discounted to the present, the cost is $140 per household . . . If a househhold must pay $1,287 in 2050, the $140 represents the amount that household would have to pay into an interest-bearing account today so that hte interest would allow it to grow to $1,287 by 2050. Discounting can be a legitimate tool for cost-benefit and investment analysis where costs are paid and benefits are received at different times. Thus, both are discounted to the same point in time and compared. Without discounted environmental impacts for comparison, using the technique, here, does little except undercount the cost that families will actually pay in 2050.

    Second, the EPA measures consumption, not income. The broadest and best measure of cost if lost income–lost GDP. Consumption only comes after taxes and savings are deducted. Igoring lost savings and lost payments for government services underestimates sthe cost by about 40%.

    Third, the EPA measures cost per household. Households are not necessarily families. One person living alone counts as a household, as do three single people sharing an apartment. The EPA uses an average household size of 2.6 people. Converting from this EPA household size to a family of four adds more than 50% to the cost estimate.

    So, EPA’s $174 cost per household is actually above $2,700 (even after adjusting for inflation) when presented as lost income per family of four. That is not a postage stamp per day.

    Regarding the CBO analysis, the Heritage team writes:

    The CBO study, on the other hand, does not even attempt a comprehensive measure of lost income and it explicitly states so in footnote 3 of its report . . . The CBO’s methodology effectively measures the administrative costs of collecting and distributing the allowances rather than the full economic cost.

    Additional commentary by Dr. Kreutzer the CBO and EPA analyses is available here, here, and here.

    More pain for no gain

    A final observation: Even if you think global warming is a big problem, Waxman-Markey would have no discernible effect on global temperatures or sea level rise even if all industrialized nations adopt it. Paul C. Knappenberger, my colleague at the free-market energy blog, Masterresource.Org has written brilliantly and extensively on these matters (see herehere, here, here, and here).

    As Cord mentioned earlier, Henry Waxman has been named incoming Chairman of the House Energy and Commerce Committee, of which the Subcommittee on Telecommunications and the Internet is a part. In his role, Waxman is likely to play an influential role in future tech policy fights involving issues such as universal broadband access and network neutrality. While Waxman has laudably defended civil liberties on many occasions, his record on telecommunications lawmaking is quite troubling.

    Waxman has embraced forced openness for privately-owned networks, even threatening to cut off USF funding for telecom companies unwilling to open up their networks for device roaming. Though the USF itself is unneeded, and in some cases even counter-productive (as Cord argues), any government subsidies of rural telecommunications services should strive to minimize costs rather than reshape markets to suit political whims. Because mandatory access is often at odds with the bottom line, demanding that carriers grant access to any device often leads to a reduction in infrastructure investment. America’s rural areas would be better served by a competitive marketplace in which companies are free to experiment with all kinds of pricing plans and service offerings to suit evolving consumer demands.

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