THE GALLON ENVIRONMENT LETTER

Canadian Institute for Business and the Environment

Fisherville, Ontario, Canada

Tel. 416 410-0432, Fax: 416 362-5231

Subscriptions: subscriptions@gallonletter.ca

Vol. 16, No. 11, April 16, 2012

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ABOUT THIS ISSUE

GallonLetter almost always comments on the Federal Budget and on any especially interesting items in provincial budgets. This year is no exception, though we have hardly included any commentary in our report on the Federal Budget. That is because the list of environmental items in the Budget is very long, though the significance of most may either be not so high or difficult to determine at this stage. We will be back to review many of these items as legislation and program changes are introduced. Our opinion continues to be that environmental programs should not be measured by money spent but by results achieved. It will be very interesting to review this budget in two or three years and to determine how much better it has made Canada's environment!

We committed that this issue would also include a review of some of the interesting papers from the 2012 EUEC conference, the Energy, Utility and Environment Conference, claiming to be the largest annual conference of its kind in North America. We have started that process and may include more in future issues of GallonLetter as space permits. Quite a number of papers at EUEC focussed on shale gas: GallonDaily heard many more concerns expressed by government and industry leaders about the risks of fracking than one reads from these sources in the popular press. A couple of our reports reflect this content and other interesting presentations from EUEC.

For several years GallonLetter has reviewed Earth Day content in the magazines on bookstore shelves. The popular media is one of the most effective ways to bring green awareness to the public at large. This year there is woefully little such content and even where there is it is often surrounded by advertisements selling yet more stuff. We look at a couple of popular magazines that do have some green content this month.

Bob Willard has updated one of his books. We review the book and recommend it for business executives who want to better understand what Sustainability is all about and why it should be a key element of corporate objectives.

In future you may be hearing more about SLABS - we tell you what they are and why they are moving under the spotlight. The Environmental Commissioner of Ontario releases lots of reports and they are almost always of considerable interest. We review his report on climate adaptation as well as summarize the Ontario Climate Adaptation strategy.

The Federal government is offering financial assistance for heat recovery and process integration studies. We provide the details. GLOBE has just made its 2012 awards - we list the winners. This is a long issue but there should be something for all of our readers. If you have comments, suggestions, criticism or corrections please feel free to send us an email at editor@gallonletter.ca. We love to hear from our readers and publish a selection of letters received.

Our next issue will feature a review of activity on environmental assessment in Canada and in several other jurisdictions around the world.

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THE 2012 FEDERAL BUDGET

This year's Federal Budget can hardly be described as a pro-environment budget but it does contain a very long list of mostly smaller items that relate to the environment. The daily press has fully covered the Budget item that will likely have the largest environmental impact: cuts to the environmental assessment process. More details on this will come when the promised legislation is introduced. In the following list, GallonLetter includes, mostly in the order in which they are presented in the Government's Economic Action Plan 2012, the other items in the Budget that seem to have a direct or secondary environmental effect, either positive or negative. It is a remarkably long list, suggesting that environmental effects are pretty difficult to avoid these days. Bear in mind that the hand that gives also taketh away and the cuts to program funding in some of the departments that are more important to the environment are presented near the end of the list:

making permanent the Green Aviation Research & Development Network—GARDN (Ottawa, Ontario) which promotes aerospace technologies for the protection of the environment.
the Sustainable Technologies for Energy Production Systems—STEPS network in Regina which addresses hydrocarbon energy production sustainability challenges.
the Expanding Market Opportunities Program combining the Canada Wood Export and the North American Wood First programs and incorporate the activities previously delivered by the Leadership for Environmental Advantage in Forestry (the LEAF Program).
reduction in support available from the Scientific Research and Experimental Development (SR&ED) Tax Incentive Program which has in the past been quite well used by companies developing green technologies.
an additional $60 million to Genome Canada, a not-for-profit corporation dedicated to supporting Canada’s research leadership in genomics, a field that helps unlock new possibilities in areas such as health, fisheries, forestry, agriculture and the environment.
$165 million over two years for responsible resource development that creates jobs while protecting the environment.
$1 million over two years to Environment Canada to expand Metal Mining Effluent Regulations to non-metal diamond and coal mines.
amendments to the Coasting Trade Act will improve access to modern, reliable seismic data for offshore resource development, thus ensuring that private sector companies have the information they require to identify potential resource development opportunities.
phase out the Atlantic Investment Tax Credit for investments in the oil & gas, and mining sectors.
phase out the 10-per-cent Corporate Mineral Exploration and Development Tax Credit.
scientific monitoring activities of key commercial stocks [to] support conservation and sustainability objectives while increasing economic opportunity for fishermen by allowing higher catch levels to be set with greater confidence.
implementing the Canada-United States Action Plan on Regulatory Cooperation, which contains 29 initiatives to align the regulatory approaches between Canada and the United States in areas of agriculture and food, transportation, health and personal care products, chemical management, the environment, and other cross-sectoral areas, without compromising health, safety or environmental protection standards.
$105 million in 2012–13 on a cash basis to support VIA Rail Canada’s operations and capital projects. VIA Rail Canada Inc. will pursue productivity improvements such as augmenting the performance of the heating, ventilation and air conditioning systems on board trains to reduce maintenance costs, reduce energy consumption, and increase passenger comfort. It will also implement automation projects such as electronic ticketing and invoicing systems.
The Government is taking concrete steps to deliver on its commitment to work with provinces, territories, the Federation of Canadian Municipalities and other stakeholders on the development of a long-term plan for public infrastructure that extends beyond the expiry of the Building Canada plan in 2014. Consultations are underway with partners and stakeholders. Together, the government commits to explore broad directions and priorities for a new plan that will focus on investments in infrastructure that support long-term economic growth and prosperity, while encouraging greater private sector involvement and increasing the use of public-private partnerships where they can generate better value for taxpayers. A new plan will be designed to leverage funding from all governments and the private sector and ensure affordability and sustainability over the long term.
In January, the Government formally launched the federal environmental assessment phase of the project to build a new bridge across the St. Lawrence River to replace the existing Champlain Bridge in Montréal.
the Government launched several measures in 2009 to enhance surveillance and early detection and improve response capabilities to food-borne illness emergencies. The Budget includes $51.2 million over the next two years for the Canadian Food Inspection Agency, the Public Health Agency of Canada and Health Canada to continue these measures. The Government is also pursuing plans to streamline and accelerate the process by which foods are regulated.
the Government intends to explore with interested First Nations the option of moving forward with legislation that would allow private property ownership within current reserve boundaries.
providing $330.8 million over two years to build and renovate on-reserve water infrastructure and support the development of a long-term strategy to improve water quality in First Nations communities.
providing up to $99.2 million over three years to assist the provinces and territories with the cost of permanent flood mitigation measures undertaken for the 2011 floods.
$50 million over two years to protect wildlife species at risk.
the creation of Canada’s first national near-urban park in the Rouge Valley in Ontario.
expanding the eligibility for the accelerated capital cost allowance for clean energy generation equipment to include a broader range of bioenergy equipment. Class 43.2 of CCA will be expanded to include:

-Waste-fuelled thermal energy equipment used for space and water heating applications.

-Equipment that is part of a district energy system that distributes thermal energy primarily generated by waste-fuelled thermal energy equipment.

-Equipment that uses residue of plants (e.g. straw) to generate electricity and heat.

$8 million per year to the Canadian Nuclear Safety Commission to cover the costs of licensing nuclear equipment and substances at educational institutions, medical institutions and government departments
the Government will continue to pursue water quality and ecosystem health improvements in lakes and other bodies of water, such as Lake Winnipeg and Lake Simcoe.
$8 million over two years to help compensate property owners and municipalities in the area of Port Hope, Ontario, for potential losses related to remediation efforts associated with low-level radioactive waste.
amendments to the Income Tax Act to restrict the extent to which charities may fund the political activities of other qualified donees, and to introduce new sanctions for charities that exceed the limits on political activities, or that fail to provide complete and accurate information in relation to any aspect of their annual return.
planned across-the-board reductions in federal departmental spending, including, over the next three years, 10% to Agriculture and Agri-Food Canada, 8.3% to Environment Canada, 5.8% to Fisheries and Oceans, 6.3% to Industry Canada, 9.7% to the International Assistance Envelope (which includes Canadian International Development Agency, Foreign Affairs and International Trade Canada, the International Development Research Centre, the Royal Canadian Mounted Police and Natural Resources Canada), and 10% to Natural Resources Canada.
the Canadian International Development Agency will restructure its operations to reduce its operational costs and concentrate its efforts where it can have the greatest impact.
elimination of the National Round Table on the Economy and the Environment.
introduction of a web-based label verification tool that encourages consumers to bring validated concerns about non-health and non-safety food labelling directly to companies and associations for resolution.
repeal of regulations related to container standards to enable industry to take advantage of new packaging formats and technologies, while removing an unnecessary barrier for the importation of new products from international markets.
Environment Canada and Natural Resources Canada will reduce travel activities and will reduce their fleets by a total of 160 vehicles.
the Government will explore ways to increase its productivity by using telepresence and other remote conferencing technologies more extensively. Telepresence technology is similar to videoconferencing; however, it enables participants to see life-size, full-motion video with high-quality sound. The Government will develop a strategy to expand the use of telepresence technology and other remote meeting solutions.
the Canadian Nuclear Safety Commission will reduce or eliminate activities of low relevance, effectiveness, efficiency, or affordability. These changes will not have an impact on the health, safety and security of Canadians and the environment.
the regional development agencies will consolidate . . . environmental assessment services to eliminate duplication and reduce operating costs, while continuing to deliver quality services to entrepreneurs and communities. Aligning with private sector and community demand, they will focus on supporting projects with the greatest economic growth and job creation potential in communities across Canada.

Paid subscribers see link to original documents and references here.

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A SMALL SELECTION FROM EUEC

(Energy, Utility and Environment Conference held in Phoenix, Arizona January 30-February 1, 2012)

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EDF: QUESTION MARKS ON SHALE GAS IN THE US

One of the keynote speakers on the opening panel for EUEC was Mark Brownstein, Chief Counsel for the US-based Environmental Defense Fund. His speech entitled "Natural Gas: A clean low carbon alternative?" acknowledged the potential benefits of the enormous reserves of natural gas in the US for creating jobs, improving domestic energy security and reducing air and climate pollution. However, natural gas drilling especially fracking casts serious doubts on the country's ability to extract that energy safely. Brownstein says the burden of proof is on the industry and regulators to demonstrate that shale gas can be developed without serious damage to water, clean air, climate and vulnerable natural habitats. He sees environmental performance as the critical path to realizing the economic and environmental opportunities of natural gas.

Although the EUEC has a strong environmental program, in the past it was not uncommon to hear some delegates denigrating government regulations especially in regard to climate change. GallonLetter didn't overhear quite so much open scoffing this time leading one to think that either there is more acceptance in the industry of the reality of climate change or at least acceptance that government regulation is inevitable. So it is not surprising that Brownstein began his speech with "I'm an environmentalist I'm used to getting booed you can't scare me." In fact, nobody did boo him.

EDF has been a member for the first time in a national petroleum council to review shale gas, a membership Brownstein saw as important evidence that the review would consider the real environmental impacts. Among the factors, Brownstein sees as important to finding common ground with industry and government include:

The human dimension e.g. talking to members of the community most affected by shale gas development
Regulation e.g. he suggests moving quickly to properly regulate and to improve management practices in a way which is sustainable. Regulation isn't a one time fix but should regularly be reassessed for changes in technologies deployed and management practices to ensure the end result is environmentally sound. A good regulatory process can avoid problems that can be avoided. Good regulations and good corporate practices may exist only on paper because of insufficient resources to ensure they are implemented in the field. For example, training is required for permit writers who don't understand the implications of shale gas operations and resource inspectors need to be available to make sure the rules are enforced.
Information e.g. people need to be told what is going on. Texas enacted disclosure of fracking fluids. Colorado is beginning to change as well. If the industry wants people to believe that the process is safe, it needs to tell people about the chemicals which are being used.
Water Focus: The Ground Water Protection Council (GWPC) is a nonprofit organization whose members consist of state ground water regulatory agencies. GWPC consults with various stakeholders including the environmental and regulated sectors. FracFocus (fracfocus.org), the hydraulic fracturing chemical registry website is a joint project of GWPC and the Interstate Oil and Gas Compact Commission. Some companies are reporting their hazardous and non-hazardous chemical use in shale gas projects and a database intended to be more comprehensive over time allows residents to search for a well near them. Information is voluntarily provided by participating oil and natural gas operators and a full list of participating production companies (numbering 221 company names many with website links) is on the website. Shell Exploration and Production Company, a US business of Shell, is on the list.
Critical paths to protecting groundwater in the fracking process: e.g. well is properly constructed, completed and operated; quality of cement; pressure maintained; consistent excellent performance so the well doesn't become a conduit for leakage of chemicals into the groundwater.
Waste: e.g. good regulation of storage and treatment of waste and wastewater. If this is done poorly, polluted water ends up in streams and groundwater. Many of the industry are moving to stainless tanks rather than pits. Once the water is contained, what happens next is key e.g. what kind of treatment and what kind of disposal costs; sending polluted water to the municipal water treatment is not the answer. Although deep well injection is an option (144,000 wells are licensed as appropriate for disposal of contaminated water) the infrastructure is stressed.
Air pollution: e.g. compression of fluids results in gas that comes up in the water with methane and Volatile Organic Compounds VOCs such as ethane and butane. If not separated and captured, the result is air pollution and smog.
Climate Change e.g. natural gas is methane and even small amounts of methane seepage can undercut the goal of using natural gas in the first place to reduce the greenhouse gas footprint. So far the data of leaks isn't very good. Fixing the leaks could be a positive in other ways because it would result in more product for sale.
Land Use and Communities. e,g there are thousands of wells over hundreds of miles. The services and support required also increase the amount of truck traffic, electrical lines, and roads. In North Dakota there isn't enough sewage infrastructure for all the housing built for workers. There are many impacts on community quality of life.
Decommissioning e.g. bonding requirements, responsibility of the company to set aside money to decommission the well and restore landscape; orphan funds for closing a site when a company is bankrupt.

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EUEC: CHRIS SMITH - NATURAL GAS IN THE US CLEAN ENERGY ECONOMY

Chris Smith, Deputy Assistant Secretary for Oil and Natural Gas. Office of Fossil Energy at the U.S. Department of Energy spoke about the growing importance of natural gas in America's Clean Energy Economy. (1)

Drilling for oil and gas offshore is getting more difficult. The BP spill has resulted in restructuring of how to prevent future events in the quest for ocean energy while still promoting supply from leases in offshore areas such as the Gulf of Mexico.

Shale gas development, however, has many complications especially those relating to water regulations. Many different laws at the state level on approvals. and inspections means that regulation is a very fragmented approach. What is needed is a national approach in this setting but how to get there is a question not yet answered.

The US DOE projects that there is enough domestic natural gas reserves for 100 years mostly due to the shift to the production of shale gas.. Domestic natural gas production is at record highs. Natural gas is seen as key to the US goal to reduce oil imports by a third over the next decade. Use of natural gas is driving some of the US focus on technologies such as natural gas vehicles especially long haul trucks. DOE is working with the Environmental Protection Agency and the United States Geological Survey for environmentally sound management of this resource.

One of the features of natural gas is that it primarily feeds into the domestic markets. It is more technically difficult to transport natural gas by ship overseas: there are many oil tankers but not many natural gas ships. This means that the price isn't set globally so much so that greater domestic production has reduced the price of natural gas in US markets over the last few years. Even if Americans aren't using natural gas directly, price of electricity is reduced in some markets due to natural gas power generation.

U.S.-China Shale Gas Initiative

Smith said that the US State Department was working with China to develop its own shale gas with reduced environmental impacts. The benefits were said to be better environmental practices in China, fewer coal-fired power plants in China and reduced demand for oil.

Paid subscribers see link to original documents and references here.

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EUEC: US EPA: NEW MERCURY & AIR TOXICS STANDARD FOR POWER PLANTS

The EUEC keynote presentation was by Gina McCarthy, Assistant Administrator, US Environment Protection Agency on MATS, Mercury and Air Toxics Standards for Power Plants, which was signed as a rule on December 16, 2011. She argued that the EPA is not picking on power plants. MATS is the first toxic emissions standard for the power sector and the power sector is the last sector to have a national standard as required by law and twenty years overdue. There is already technology available and a pent up demand for new technology which will create jobs.

The various details are complicated as the legislation is hundreds of pages long and is in turn linked to other legislation and concepts under the Clean Air Act CAA with a seeming endless number of abbreviations. One of these concepts is MACT (maximum achievable control technology) which is used to set the minimum level of emission control based on the average emissions of the top 12 percent of best performing sources in the category. Categories which cover oil and coal-fired electric utility steam generating units are futher divided into subcategories such as limited use oil-fired units.

The toxics standard MATS applies to EGUs (utility steam generating units) larger than 25 megawatts (MW) that burn coal or oil for the purpose of generating electricity for sale and distribution through the national electric grid to the public.

EPA estimates that there are approximately 1,400 units affected by this action -- about 1,100 existing coal-fired units and 300 oil fired units at about 600 power plants.

Existing sources have up to four years to comply. States may also grant another year and another year may be granted for "reliability critical units" which are expected to be very few cases.

MATS covers emissions of heavy metals, including mercury (Hg), arsenic (As), chromium (Cr), and nickel (Ni); and acid gases, including hydrochloric acid (HCl) and hydrofluoric acid (HF).

The standards set work practices, instead of numerical limits, to limit emissions of organic air toxics, including dioxin/furan, from existing and new coal- and oil-fired power plants. Because dioxins and furans form as a result of inefficient combustion, the work practice standards require an annual performance test program for each unit that includes inspection, adjustment, and/or maintenance and repairs to ensure optimal combustion.

Controversy Rules the Rules

McCarthy didn't talk so much about the technical aspect of the rule but of the need for it. GallonLetter noticed that she said multiple times that the standard reflected middle class values, a curious idea (implying all people of certain level of income have the same values) used often also in various political positioning for the November election. We find it somewhat disturbing as if the poor (or the rich for that matter) are fine with being poisoned.

Other presenters from the power sector in the plenary and later at other sessions insisted that the time available to implement is too short for the long term planning needed for facilities with a 50 year lifespan. The rule, they say, would end up in the retirement of some power plants especially coal-fired plants, mostly older and smaller ones serving rural and smaller communities, leaving gaps in the system so some communities would have no electricity. As well as MATS, power plants are facing new or updated state level multi-pollutant regulations, the 2011 federal Cross-State Air Pollution Rule which requires reductions at the unit rather than averaged (over the power system or the state) and future power plants will be regulated for greenhouse gas emissions.

Donald Neal, VP, Environmental Health and Safety, Calpine, said to be the largest independent power producer in the US entitled his presentation given later as "EPA Regulation of the Electricity Sector - The Sky is Not Falling" and provided data to conclude that concerns about electric system reliability due to the standard are largely unfounded.

McCarthy's talk echoes what is on the EPA's MATS website emphasizing benefits and ability to do it:

Power plants are the biggest source of mercury. Power plants produce 50% of all the mercury emitted and 77% of acid gases. They are also the leading source of other toxics such as arsenic, nickel, selenium and hexavalent chromium.
Existing technology can remove toxics. Many coal-fired plants already meet part of the rule but 40% of coal-fired power plants have no advanced controls.
Plants have time to meet the standard
MATS will improve public health. Over time, the standard is expected to reduce mercury emissions by 90%. Health benefits associated with meeting the standards for air toxics are estimated at $37 billion to $90 billion in 2016 (2007$) while national annual costs are expected to be $9.6 billion.
MATS reduces toxic pollution.
Safer environment: healthier lakes and streams and fish and, less mercury contamination and improved visibility.

Greenhouse Gases

On March 27, 2012, the US EPA announced that for the first time there would be a uniform national limits on the amount of carbon pollution from power plants which are the largest individual source of carbon pollution in the country; the standard only applies to future fossil-fueled power plants. The rule covers electric utilities including fossil-fuel-fired boilers, integrated gasification combined cycle (IGCC) units and stationary combined cycle turbine units that generate electricity for sale and are larger than 25 megawatts (MW).

The U.S.Supreme Court ruled in April 2, 2007, in Massachusetts v. EPA, 549 U.S. 497 (2007) that greenhouse gases are air pollutants covered by the Clean Air Act.

The EPA will have challenges and lawsuits for both MATS and the Carbon Pollution Standard. Republicans such as James Inhofe have already said they will work to overturn the emissions reductions.

Paid subscribers see link to original documents and references here.

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EUEC: BEYOND COMPLIANCE: AVOIDING NUISANCE LAWSUITS

While power plant operators think about compliance and foster good relations with the regulators, they don't worry as often about the neighbours. That is a mistake according to Randy Brogdon, Environmental Practice Group Leader at the law firm Troutman Sanders (Atlanta, Georgia)

More local residents and municipalities in the U.S. are launching lawsuits based on nuisance caused by air and other pollutants from a nearby facility. Reasons he gives include:

more housing near facilities
more information about the health hazards of substances such as lead, asbestos, diesel, dust and particulates
more access by the public to web-based government databases on emissions
more environmental lawyers seeking cases

Common basis for the lawsuits are nuisance (undermining the owner's enjoyment of land and property), trespass (wrongful entry on another's property) and negligence (failure to exercise a standard of care which a reasonable person would have undertaken)

He described a case in which the City of Columbus and a boat dealer sued a company making carbon black, such as that used in tires, for all three of the above reasons. They won millions in punitive damages. The jury verdict was upheld on appeal by a higher court and the Supreme Court refused to hear it.

The presentation discusses what the court thought about some of the statements the company used to try to refute (unsuccessfully) the claims including that there was no direct proof that the substance on the neighbour's properties was their product and that the company had a permit and had never been found in breach by the regulators.

Brogdon suggests that companies should pay more attention to their neighbours, respond to even minor complaints, be aware that what is in environmental reports can be used against the company in court, get legal advice and recognize the risk isn't only with the regulators.

Brogdon, Randy E. Environmental Nuisance Claims and Air Quality Compliance. EUEC Presentation. Phoenix, Arizona: January 30, 2012.

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EUEC: CANADA'S DRAFT CO2 REGS FOR COAL-FIRED PLANTS

In the track Energy & Climate, Lise DeMarco of Norton Rose (Toronto, Ontario) presented on "Canada's Proposed CO2 Reduction Regulation for Coal-Fired Plants". Her talk compared the Canadian and US GHG context e.g. the percentage of US GHG emissions from power generation are higher than Canada's compared to transportation and other sources.

She summarized the Draft Coal Power GHG Regulation draft which was only released August 27, 2011 and cancelled/put on hold January 5, 2012. GallonLetter notes this is getting to be quite a pattern: a repeat of press releases by the federal Environment Minister but never followed through. Canadians who should be worried about the erosion of protection for harmful environmental impacts might have a right to get cynical.

The reason for the presentation to a largely US audience is that DeMarco said the draft if legislated would have a significant effect on import/export of electricity with likelihood of altering generation supply especially in the north east power grid.

DeMarco, Lisa (Elizabeth), Norton Rose Canada LLP. Canada's Draft GHG Regulation for Coal Fired Power Stations. Presentation to EUEC. Phoenix, Arizona: February 1, 2012.

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EUEC: ISO 26000

In the Sustainability Track, GallonLetter's editor co-chaired the session which included a presentation prepared with Dr. Carole Burnham on ISO 26000 Guidance on Social Responsibility for a Utility.

The talk explored:

Why ISO 26000? ISO is a guidance document for corporate social responsibility CSR and is the first widely recognized standard.
Benefits of ISO 26000: companies with a quality corporate social responsibility improve their relationship with customers, communities and government, win recognition through awards, and provide opportunities for increasing revenue. ISO 26000 defines a high standard consistent with individual company objectives. It is flexible and not bureaucratic.
Structure of ISO 26000: It is a guidance document not typical of other standards documents. A company cannot be certified to it; there are no audits and no certification. It is used in statements such as "our corporate responsibility programs are based on ISO 26000." It is part of the Canadian Electricity Association's Sustainable Electricity (TM) brand.
How the key topics of the ISO 26000 document e.g. consumer issues, fair operating practices, the environment apply to identify typical gaps in the CSR program for a Local Electricity Distribution Company. For example, need to integrate SD and CSR commitments through all of the Company's operations, activities and projects.
Results: For example, our clients are already winning CSR awards, utility plays a stronger role in local economic development planning and implementation, increased opportunities for business and ngo partnerships.

Isaacs, Colin, Canadian Institute for Business and the Environment and Dr. Carole Burnham, Carole Burnham Consulting. ISO 26000 Guidance on Social Responsibility for a Utility. Presentation at EUEC. Phoenix, Arizona: January 31, 2012.

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EUEC: 2012 PROCEEDINGS AND 2013 CONFERENCE

The EUEC 2012 proceedings with powerpoint presentations are included in the registration fee. An audio upgrade can be purchased for $200. Otherwise the powerpoint proceedings cost $295 and with the audio $495. Order forms can be faxed to EUEC: (602) 296-0199, emailed to info@euec.com or phoned in to 520 615-3535 Order form at http://www.euec.com/getattachment/Index/Brochure_2012.pdf.aspx

The next EUEC will be held January 28th - 30th, 2013 in Phoenix, Arizona http://www.euec.com For exhibitor and various sponsorship options

http://www.euec.com/getattachment/Exhibitorkit/Order-Form-2013_print.pdf.aspx

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LETTER TO THE EDITOR

Subject: Awards Programs GL Vol. 16 No. 10

We read with great interest your Environmental Letter and appreciate the amount of time and effort it takes to compile. With regards to the various national and regional recognition programs listed, we would like to mention our own, the Ontario Waste Minimization Awards which has been around for more than 25 years. From a grass roots start in the early ‘80’s the awards has grown to encompass a wide variety of applicants with a growing focus on IC&I organizations. The Awards recognizes those who are making significant progress in diverting solid waste and our criteria has evolved to be rigorous – demanding great detail on every aspect of the waste, including where and how it is recycled. We hope that you would add the Ontario Waste Minimization Awards to your list and if you have any questions on our process, please contact us at your convenience.

Best regards,

Diane Blackburn, Events Manager, Recycling Council of Ontario http://www.rco.on.ca

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APRIL GREENING: CANADIAN LIVING MAGAZINE

In 2006, the Green Issue of Vanity Fair and its "Green" cover was itself news in the month that features Earth Day (April 22) (Gallon Environment Letter Vol. 11, No. 5, April 21, 2006). This year, GallonLetter found few overt "Earth Day" stories on the covers of popular magazines. Canadian Living had a "Go Green, Save Money!" theme for consumers which echoes Bob Willard's new edition of his book on the sustainability advantage for corporations in that it highlights the benefits. (see separate review).

Freelance writer Jay Somerset explains what actions are recommended, the cost and why it's worth doing. Among the "14 eay ways to be more green and reveal the big impact your seeming small actions can make" are:

install a rain barrel. Benefits are said to be reducing household water use by 50% and storm water runoff into the municipal water system by up to 70%.
use power bars. Benefits are said to be up to 15% household energy use. Even when not being used, electronic devices draw power known as phantom power; the resident can turn them off at the power bar switch.
caulk and seal around windows, pipes, ducting and other small openings. For a few dollars for caulking and some effort, savings of up to 10% of home heating and cooling can be realized.

One of the problems, of course, with magazines relying on advertising is that in one article a magazine like this promotes greening to consumers and in most of the rest of the magazine, advertising and articles promote buying more stuff. While this is true in this magazine issue as well, some of the other articles at least have some advice that is supportive of greening initiatives. For example,in the Life is for Living Section

Readers sent in ideas for Eco-Friendly Laundry Detergents both purchased off the shelf and a recipe from the David Suzuki Foundation.
Parents are advised to engage their kids in imaginative play which includes using items around the house for play, acting out a play and camping out in the living room.
An article on Living Off the Grid shows a family taking their "eco-friendly habits to the next level."
The Editor's Picks features Clean Idea compostable tooth brushes. If everybody tossed their toothbrush every three months, that would be 114 million toothbrushes in landfill.

Paid subscribers see link to original documents and references here.

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MARTHA STEWART WHOLE LIVING: THE BLUE ISSUE: IT'S ALL ABOUT H20

The Martha Stewart publication Whole Living, whether it is April with Earth Day or not, already has ads for products such as Fair Trade Green Mountain Coffee and Sprout(TM) watch with conflict free diamonds, biodegradable corn resin case and bracelet and natural mother of pearl. GallonLetter is a bit confused about what one does with the diamonds when the watch, a thing we used to have only a very few of in a lifetime, is ready to biodegrade but maybe the watch comes with instructions. Although the cover implies most of the issue is about water, only a relatively few pages are.

Among the suggestions for 50 ways to conserve water are:

Choose concentrated cleaning products. These require less packaging and less energy as well as using less water to produce.
Avoid toxic drain cleaners.
Support forward thinking companies. Ford is listed as one for its commitment to reducing water use per vehicle by 30% by 2015. Ford says it reduced global water use between 2000-2010 by 62% or 10 billion gallons. Method will bottle its green cleaning products in containers recycled from marine plastic debris.
Reuse dishes. Keep the same glass for water all day.
Clean produce by running a bowl of water and swishing the fruit and vegetables. The water can then be reused for houseplants. GallonLetter's editor notes that these bits of advice are good but implementation needs thinking about. For example, we keep a bucket in the kitchen for this water as it is best to water houseplants when they need to be watered, not water them just because the water is ready to dump. People with young children might not want to to take the risk.
If it's yellow, let it mellow. A family of four that doesn't flush every time, can save 9 to 11 flushes a day or 45 to 55 gallons.
Many of the flowers such as impatiens and petunias need too much water. Take care about planting too many of them.

GallonLetter thinks this is a great list but that many people will find it difficult to use some of the ideas because of social norms e.g. about lawns/flowers and the yuck factor e.g. that mellow yellow. Kudos are due though for mentioning some of the actions to which people might be the most resistant.

Paid subscribers see link to original documents and references here.

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BOB WILLARD: THE NEW SUSTAINABILITY ADVANTAGE

In the 10th anniversary edition of book The Sustainability Advantage renamed The New Sustainability Advantage, Bob Willard has compiled a new set of seven benefits as well as more detail on the downsides of businesses not adopting sustainability initiatives. Benefits for smaller companies as well as large corporations are also discussed. The worksheets which those leading corporate action can use to enter their own data is open source and available on sustainabilityadvantage.com as is an abbreviated Dashboard. Some graphics are available from the Slide Set; other slides are available with subscription.

The book is arranged in a two page format with text and sidebar (e.g. graphs illustrating topics such as industrial ecology, examples of savings of waste, energy, etc, definitions, specific indexes or criteria used by such companies as Walmart, polling on public perceptions of corporate greening). In the topic on dematerialization, Willard even tells how he dematerialized himself. He was dismayed at the carbon footprint of the 75 talks a year he was giving. Instead of taking quite so many airplane flights, he made a DVD and began to give talks using webinar and videoconferencing, now numbering 80 to 100 talks a year but he is present only virtually. He wrote, "Dematerialization and substitution work, even when we take them personally."

Willard, a former IBM executive, makes the business case for sustainability in language that senior executives understand : a book "about kick-ass capitalism in pursuit of the common good." He explores the idea that sustainability is a race to the top and sustainability initiatives give companies a competitive advantage, which can be measured. Companies failing to adopt such initiatives are squandering "easily achievable bottom line benefits."

The Benefits

The seven benefits are:

1. Increased revenue and market share

2. Reduced energy expenses

3. Reduced waste expenses

4. Reduced materials and water expenses

5. Increased employee productivity

6. Reduced hiring and attrition expenses

7. Reduced risks

Each benefit is discussed in subcategories and sub-subcategories. For example, the 4. Reduced materials and water expenses includes:

Saving Natural Capital Saves Financial Capital with four subcategories including dematerialization, substituion, recycling and reusing onsite waste, and product take-back/closed loop systems.
Savings on Water
Savings on Consumables and Paper
Potential Materials Savings Help Build a Sustainability Capital Reserve.

Stages of the Sustainability Journey

The book suggests that there are five stages of the sustainability journey:

1. Pre-Compliance

2. Compliance (to avoid fines, enforcement action, public reputation)

3. Beyond Compliance (e.g. to avoid new regulations)

4. Integrated strategy (enhance company value)

5. Purpose/Passion (Align with founder's/CEO's vision)

He suggests some companies including the book's publisher New Society Publishers begin at the Stage 5 level. Stage 4 companies are doing sustainability perhaps for the wrong reasons but the result is positive and in the right direction. His estimate is that it would take about 20% of the right big corporations to be Stage 4 or Stage 5 in order to reach a sustainability tipping point where other companies would be pushed into advancing in order to compete. A survey of global CEOs shows more than half predicting that tipping point to be no more than 10 years out and another quarter no more than 10-15 years out.

Trouble with the Business Case

Having spent the last ten years speaking on the sustainability advantage, Willard wrote that he hoped that after this tenth anniversary edition he wouldn't have to write a 20th. He laments the fact that many corporations are still inactive on social and environmental impacts, hiding behind the rubric "the business of business is business." They are basically asleep at the switch due to their belief system. He has a vivid phrase of advice for them.

A 2010 IBM survey of CEOs indicated that their greatest challenge is growing complexity with the majority projecting more complexity to 2015; half responded that they weren't sure they would be able to manage the complexity. Among the challenges were more government regulations, geopolitical issues concerning energy and water supplies, global climate change and supply chain issues for food, medicine and talent.

Willard concludes, "Executives who devote serious attention to using sustainability performance as a competitive weapon are well positioned to financially outperform their competitors in the 21st century. Smart executives grab the benefits before their competitors do. Companies that lag will be history, trapped in the hoax of an unsustainable business model. Companies that lead have the sustainability advantage."

GallonLetter thinks this would be a good book for corporate types who still don't "get" the need to reduce risks and gain advantage from the opportunities of sustainability action. Some people are less resistant than others and minds do get changed. This book would certainly help because it stresses the benefits to the bottom line.

To those already engaged in sustainability initiatives, the book is a reminder that when implementation is set back by stumbling blocks that the benefits are still there. The benefits also highlight the range of actions. Sometimes companies do a great job on the engineering side e.g. installing energy efficient manufacturing equipment, but forget to achieve gains at offices where recycling and behavioural changes such as turning out the lights and computers and use of public transit can make a difference as well.

Willard, Bob. The New Sustainability Advantage: Seven Business Case Benefits of a Triple Bottom Line Completely Revised 10th Anniversary Edition. Gabriola Island, British Columbia: New Society Publishers, 2012. $19.95

http://www.newsociety.com/Books/N/The-New-Sustainability-Advantage

and

Bob Willard's website:

http://www.sustainabilityadvantage.com/products/newsustainadv.html

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CEC: SLABS - SPENT LEAD ACID BATTERIES

GallonLetter's editor found Globe 2012 held in March in Vancouver a worthwhile event for the discussions at a number of the sessions, the exhibits and talking to many people, some of whom were on his list to contact sometime soon. One of the contacts was Evan Lloyd, Executive Director - Commission for Environmental Cooperation, which was established in 1994 to deal with environmental issues covered by the North American Agreement on Environmental Cooperation (NAAEC) related to the North American Free Trade Agreement NAFTA between Canada, U.S. and Mexico.

CEC is beginning a study on the transbounday movement of SLABS (Spent Lead Acid Batteries) with particular focus on their management in Mexico. SLABs have large amounts of lead and other toxics that have value if recovered but can cause serious environmental and health impacts if not properly recovered.

A number of activities on sound management have already taken place including a 2007 seminar in Tijuana and a CEC Enforcement Work Group report on practices and options on environmentally sound management of SLABs. Last November, a public forum held in El Paso, Texas was held on cross border movement of chemicals in North America.

The Secretariat has begun a comprehensive report to compile data on the flow of spent auto and industrial batteries, trade and compliance issues, pollution and health impacts especially near battery recycling operations especially in Mexico. The report will also contain opportunities for promoting environmentally sound management of SLABs.

CEC Secretariat Launches Independent Study on the Environmental Hazards of Transborder Lead Battery Recycling Montreal, Quebec: 8 February 2012.

http://www.cec.org/Page.asp?PageID=751&SiteNodeID=1075

http://www.cec.org/slabs

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GARBAGE/RECYCLING: THERE'S AN APP FOR THAT

The North Shore Recycling Program which includes North Vancouver offered residents "Have your own personal garbage, recycling and yard trimmings collection guide at your fingertips with North Shore Recycling Program's new Collection Schedule App, available Jan. 1, 2012." My-waste App contains what is collected in curbside collection , how to prepare it, options for items which ca't be recycled and abiltiy to set reminders.

Paid subscribers see link to original documents and references here.

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ENVIRONMENTAL COMMISSIONER OF ONTARIO: CLIMATE ADAPTATION

The Environmental Commissioner of Ontario, Gord Miller, released a special report on the province's adaptation strategy for climate change in March 2012. The provincial government is given credit for doing a better job of preparing Ontario for the impacts of climate change than in actually reducing greenhouse gas emissions.

The report faults the government for posting this major environmental proposal as information rather than a policy proposal which would allow for public participation. The government did consult with a selected group at senior government level but not with the general public. GallonLetter notes that it is a shame really that both provincial and federal government seem to see public and environmental group involvement so negatively. Good public consultations are a valuable tool to help develop better policies because it broadens the view while at the same time helping to make the public aware of the need for and significance of the policy proposals. Not only did the failure to post the policy proposal as required by the Environmental Bill of Rights result in less public accountability and transparency, but also ECO states, "This also deprived the government of an opportunity to educate and engage the public about this important environmental policy initiative."

In assessing the strategy, ECO found that the strategy Climate Ready represents a significant contribution towards a growing national and internationl policy movement designed to better prepare us for the anticipated impacts of climate change. However, there are quite a few weaknesses identified including a scarcity of specific timelines, qualitative or quantative targets, no clear methodology for setting priorities for prioritizing implementation, the exclusion of the Ministry of Energy from any lead role and perhaps the biggest hurdle of all, little mention of funding, some of which has been in place and is set to expire in March 2012. Quebec collects at least $200 million from its carbon tax which will increase when its cap and trade program becomes fully implemented in 2015. Both mitigation and adaptation initiatives are to be funded by this money in Quebec.

Environmental Commissioner of Ontario. Ready for Change? An assessment of Ontario's climate change adaptation strategy. Toronto, Ontario: March 2012.

http://www.eco.on.ca/index.php/en_US/pubs/special-reports/2012---ready-for-change-an-assessment-of-ontario-s-climate-change-adaptation-strategy

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ONTARIO: CLIMATE ADAPTATION STRATEGY 2011

Ontario released Climate Ready, a strategy and action plan based on the advice of an Expert Panel on Climate Change Adaptation in April 2011. It lists 37 actions by 12 ministries to help the province adapt to the imacts of climate change. Impacts of climate change which Ontario needs to adapt for include:

health: heat stress, Lyme disease, West Nile and malaria
agriculture: longer growing season, shifting moisture levels including drought and flooding, new warm-weather pests and crop diseases
energy: increased demand for air conditioning in the summer. Examples of adaptation could include more passive cooling e.g. shade, more provision of cool spaces during heat alerts, reduction in air pollution to reduce health effects of smog often associated with hot sunny days.

GallonLetter notes that while energy demand may decrease due to warmer and shorter winters, it is often the extremes which put the most load on the system. Hot summer days may lead to a call for electricity higher than the utility system can provide. So far in Canada, there are not that many more "hot days" per year, defined as days having a maximum temperature of over 30 deg. C. Environment Canada's Canadian Centre for Climate Modelling and Analysis records indicate that London, Ontario had about 10 "hot days" per year in 1961-1990. In 2020-2040, that is expected to rise to 25 days per year, 37 by 2041-2069 and 68 by 2080-2100.

Paid subscribers see link to original documents and references here.

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NEIGHBOURS TO POLLUTERS IN CANADA LESS LIKELY TO WIN DAMAGES

For Canadians, a recent case had quite different results from those of some of the neighbours near polluting facilities in the US who won big damages (see above EUEC nuisance article). Canadians neighbouring similar facilities may find it difficult to make successful claims. “If you're a polluter, your likelihood of not having to address a civil claim just went up” says Marc McAree, a partner with Willms & Shier Environmental Lawyers LLP in Toronto in regard to a decision by the Ontario Court of Appeal to a class action by neighbours for devaluing of their property in Port Colborne due to emissions from an Inco (now Vale) nickel refinery, which operated from 1918 to 1984. It is probable that the Supreme Court of Canada will hear the appeal because of its significance.

Willms & Shier Environmental Lawyers LLP. E-Flashes: Marc McAree quoted in article - Clearing the Air: Dismissal of Inco class action will likely head to the Supreme Court and provide more clarity on strict liability in environmental damage cases. Toronto, Ontario: February 2012. http://www.willmsshier.com/e%2Dflash.asp?id=74

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ECOENERGY PI

Natural Resources Canada CanmetENERGY is offering $25,000 cost-shared assistance for heat recovery and process integration PI studies. Energy efficiency potential is available through technologies for heat recovery in heat exchanger networks, steam production, refrigeration and compressed air systems. Free workshops designed for plant engineers and engineering firms with updated cases have been held in Quebec and the first English language three-day PI workshop was offered in New Brunswick March 27-29, 2012. More are scheduled in 2012. Each participant will get a PI tool using CanmetENERGY's PI software, a course manual and other documents.

Eric Soucy, Director, Industry Group, CanmetENERGY, Varennes Research Centre, said that there are huge potential savings in PI.

Paid subscribers see link to original documents and references here.

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THE 2012 GLOBE AWARDS WINNERS

The following were winners of the The GLOBE Foundation 2012 GLOBE Awards on March 16, 2012 during the conference held in Vancouver:

The Award for Corporate Environmental Excellence - Unilever Canada
The Award for Excellence in Emerging Technology - Terragon Environmental Technologies Inc.
The Award for Technology Innovation & Application - Pulse Energy
The Award for Excellence in Urban Sustainability - Waterfront Toronto/Halsall Associates
The Award for Sustainability in Finance - Royal Bank of Canada
The Award for Best Green Retailing Practices - Canadian Tire Corp
The Next Gen Entrepreneur Award - Eden Full, Roseicollis Technologies

Paid subscribers see link to original documents and references here.

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WE THOUGHT YOU WOULD NEVER ASK!

In our review (above) of Bob Willard's book The New Sustainability Advantage we noted that Willard "has a vivid phrase" for corporations that he sees as being asleep at the switch due to their belief system.

We thought you would never ask! The vivid phrase, derived from a humorous bedtime story book for children entitled Go the F**k to Sleep!, is Wake the F**k Up!

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READING GALLONDAILY

If you enjoy Gallon Environment Letter or find it useful for your work or interests, may we recommend the GallonDaily report. Found at http://www.gallondaily.com, GallonDaily provides short articles and reports on topics of particular interest to green businesses and individuals interested in green business. One article appears almost every day Monday to Friday - we recommend visiting at least once a week. Real enthusiasts can also sign up for email notification as new articles are posted.