As I suspected, the slight bend toward agricultural interests that Governor Hogan made with the revised Phosphorus Management Tool regulations – now re-dubbed the Agriculture Phosphorus Initiative – was met with hostility from the environmental community. On Friday the Maryland Clean Agriculture Coalition and Chesapeake Bay Foundation released this joint statement:
We commend the Hogan Administration for taking the problem of phosphorus pollution seriously and are pleased that the Administration embraces the scientific evidence showing we must implement the Phosphorus Management Tool to better manage manure on oversaturated farm fields.
The environmental community was not involved in the drafting of Governor Hogan’s proposed regulations that were released on Tuesday, and we have gone over them carefully since. Unfortunately, the regulations do not provide the adequate protection or assurance we need, and as such, we must oppose them. Our concerns are detailed in the attached analysis.
The regulations include a significant loophole, referred to by the agricultural industry as a “safety net,” that makes it unclear if they would ever result in full implementation of this much-needed tool. We adamantly oppose this lack of a clear, enforceable end date for putting the Phosphorus Management Tool into place.
It is also unclear whether the proposed ban on phosphorus on fields with FIV over 500 would actually reduce the amount of manure being applied to farm fields or protect Maryland water quality. The Maryland Department of Agriculture has been unable to clarify this.
Additionally, the regulations add one more year of delay, and they include troublesome secrecy provisions.
We continue to whole-heartedly support legislation sponsored by Senator Pinsky and Delegate Lafferty (SB 257 / HB 381) to implement the Phosphorus Management Tool with a six-year phase-in. Given the difficulties we’ve had with the regulatory process over the past three years, we prefer having a strong statute in place.
Their statement is an expanded version of a statement I posted on Wednesday from the Maryland Clean Agriculture Coalition. The MCAC is an interesting group in that none of the 21 groups involved has a thing to do with farming; instead many of these are “riverkeeper” groups from around the state. These groups blame farmers for a disproportionate share of the problems with Chesapeake Bay, imagining they are just wantonly dumping manure into streams and creeks.
While the groups have done a comparison sheet (or “detailed analysis”) between the O’Malley and Hogan proposals, their chief complaint can be summed up in this paragraph:
The Hogan PMT provisions for an “evaluation” for assessing manure markets and transportation programs, available land acreage, etc., allow for this “evaluation” to stall movement of PMT implementation for a year while MDA conducts a re-evaluation. The result is the possibility of an endless year by year postponement and re-evaluation possibility. (Emphasis in original.)
The way I read this is that, whether the infrastructure is in place or not - and, to be honest, I’m dubious of whether it can be in place – the CBF wants to move ahead on the PMT issue. Even the large-scale concession of immediately stopping the application of manure to certain fields, which is a provision allegedly affecting 1 of every 5 farmers on the Lower Shore, isn’t satisfying to the environmental coalition. They demand the data on how this would affect farmers, but pooh-pooh the need for data on how these regulations might affect the rural Maryland economy through the actual on-site studies sought by the Hogan administration.
In short, the contempt for the agricultural community by these groups is palpable.
So Larry Hogan tried to walk the middle ground. In backing off his original dead-set opposition to the PMT as “mandating how (farmers) use their property” to implementing a slightly less onerous version he still alienated the environmental community as well as discouraging some of the farmers who will be most adversely affected.
This whole episode will hopefully be a lesson to the new administration: you won’t get the friendship or the votes of those who would just as soon see the Eastern Shore collapse economically thanks to the demise of the agricultural industry regardless of what you do. So stick to those issues you ran on: improving Maryland’s economy and lowering the tax and regulatory burden on its citizens. Remember, no amount of regulation is enough for liberals, so why cater to them in the first place?
In the day since Governor Hogan announced his Phosphorus Management Tool regulations and I wrote my original take on them, I’ve had a chance to see what some of the involved players have to say.
I should preface this by noting I’m not a farmer; however, I have a rural background to the extent that I lived on acreage partially surrounded by woods and cornfields and went to school with kids who were honest-to-goodness members of the Future Farmers of America, complete with the blue corduroy jackets. And seeing that this is a predominantly rural area which depends on agriculture and my interest is in its economic success, I tend to favor the views of farmers over those who think that chicken comes from Whole Foods.
Anyway, the reaction I saw from the major agricultural players was somewhat disappointing, considering the dramatic effect those around here will feel from the PMT regulations. I begin with Delmarva Poultry Industry.
Statewide, the Maryland Farm Bureau echoed the inclusive approach.
To me, these farm groups are exhibiting the same attitude that’s expressed by the saying, “the beatings will continue until morale improves.” Perhaps I’m just wondering what happened to the Larry Hogan who promised the Maryland Farm Bureau back in December:
The first fight [when I take office] will be against these politically motivated, midnight-hour phosphorus management tool regulations that the outgoing administration is trying to force upon you in these closing days. We won’t allow them to put you out of business, destroy your way of life or decimate your entire industry.
The regulations are essentially unchanged in this rendition with the exception of promises of more resources for affected farmers and an extra year to deal with the mandates. But over 1 in 5 local farmers will have to stop their fertilizing practices immediately when the regulations take effect.
And the step toward environmentalists has apparently been met with defiance. Both the Maryland Clean Agriculture Coalition and Chesapeake Bay Foundation are skeptical. CBF’s Alison Prost notes:
We are pleased the governor recognizes that excess manure application on farm fields in Maryland is a serious issue, just as scientists have been noting for years.
We learned general information about the proposal Monday afternoon, and are hoping to obtain a copy of the actual proposed regulation as soon as possible. Without such details, we are withholding judgment. Once we are able to review the full proposal we hope that the Hogan Administration will allow the environmental community a chance to help shape this policy. In the meantime, we fully support SB 257 and HB 381 which are intended to solve the manure crisis through legislation. (Emphasis mine.)
In other words: nice try, but we are still after the whole enchilada.
Honestly, I don’t know if this measure is an attempt to placate the center by throwing farmers under the bus or if it’s part of a grand gambit where concessions on this issue will be traded for relief from the “rain tax.” I don’t trust the Democrats to follow through on any such deal because they come with the attitude that their time out of power is a fleeting, temporary one. It worked in ousting Bob Ehrlich after one term.
Perhaps Larry Hogan doesn’t have it in him to be Maryland’s answer to Scott Walker. But this relatively rapid concession on an issue important to the rural voters who supported him by margins of 70-30 or better in many counties is troubling. Had he waited until we knew the fate of the General Assembly bills – which he could have chosen to veto and perhaps not have to deal with until next session – he could have positioned himself as more of the fighter we were looking for when we dispatched Martin O’Malley’s heir apparent and selected Larry to lead the state.
By their words today, the environmental lobby proved they have no intention of working with Larry Hogan – none whatsoever. There was enough of a broad outline presented yesterday that these groups could have embraced the Agriculture Phosphorus Initiative, but they did not.
Of course, I sort of figured it would be this way all along but people keep reaching across the aisle and keep getting their arms bitten off. The only solution is to make the statist side concede by having superior numbers, and we can’t finish that job until 2018.
Yesterday, Governor Hogan announced that some local farmers will have tough new phosphorus regulations placed on them this year. While it wasn’t his overall intent, the news could be devastating to any local farmers who have existing high phosphorus content in their fields as it will necessitate their relocation of any manure present and prevent them from utilizing that fertilizing technique until 2022.
For the rest of the agricultural community, the change is a simple one-year reprieve from the regulations taking effect. Overall, the regulations aren’t a whole lot different from previous proposals. Granted, the new regulations Hogan proposes set up an on-farm economic analysis, but that should have been the first step well before the regulations were published and affecting many Maryland farmers.
So while the state is putting together a pretty picture of the new regulations’ effects, it may simply be a capitulation by the Hogan Administration as they try and put their best face on a fait accompli – SB257/HB381, which codify the PMT regulations slated for adoption before Hogan pulled them hours after taking office January 21, have hearings this week and both have a substantial number of co-sponsors.
For his part, Hogan bills it as a ”fair and balanced” proposal:
We have listened to the agricultural and environmental communities to find a fair and balanced plan for limiting phosphorus, and I am pleased to announce the details of that solution today. The enhanced phosphorus management tool regulations and the broader Agriculture Phosphorus Initiative will protect water quality in the Chesapeake Bay while still supporting a vibrant agriculture industry in Maryland. We are providing immediate action to limit pollution, investing in new technology, seeking alternative uses for manure, and improving on-farm management of animal manures – none of which were included in the previous proposals.
It seems to me the time to do the enhancements would have been before most farmers were affected. The excuse for an economic study produced by the previous administration noted the plan would cost farmers (and taxpayers) millions of dollars for comparatively little benefit to Chesapeake Bay. The impetus for the “Agriculture Phosphorus Initiative” should have been to study the effects on real farms first – which is part of this effort, but done simultaneously with the restrictions rather than in advance of them.
Moreover, we don’t know how quickly some of these waste conversion initiatives will get online despite the $2 million the state recently granted three such operations, including one in Worcester County and one in Dorchester County. How scalable these operations are is yet to be determined, but the need for their assistance in waste disposal will arise rather soon.
In short, there was a reason the Eastern Shore agricultural community was pleased about the demise of the PMT regulations – not that they want a clean Chesapeake Bay any less than anyone else, but because they can make a case that they have done their part yet still seem to be the target of more and more regulations. That month of triumph appears to be coming to a close, though, and while Hogan calls it a enhancement the end result will still likely be economic damage to Eastern Shore farmers.
The economic viability of producing poultry in Maryland may be a casualty of these new regulations as growers may find the market for their by-product suddenly diminished. Without the ready availability of chicken waste through the departure of the industry, the environmentalists may succeed in driving the soil phosphorus levels down, but there will be much less economic activity to speak of as well.
Somehow it always seems that I like to write about wind power on blustery nights, when the winds are howling with gale force. Tonight is such a night, and it coincides well with a new report done by the American Wind Energy Association. It’s a report which makes the claim that the reliability and scope of wind power nationwide has given that industry the potential to create nearly half our electricity by mid-century.
Something I noticed on this report, though, is a graphic I had previously seen but not been able to find again. It’s a graphic which showed how much of each state’s electricity load was created by wind power, and states in the southeast don’t get much help from it – on the other hand, those in the upper Midwest do quite well. I suppose one could liken this phenomenon to whether a state is fortunate enough to have oil or natural gas underneath it, as some states have plenty while others are barren.
Yet the production increases and success the wind energy market has had comes mainly from two elements, both controlled by government: the Wind Production Tax Credit (WPTC) and various state regulations which mandate a certain percentage of electricity come from “renewable” sources. (Maryland is a state which has the latter.) Here’s what AWEA said about the WPTC:
Policy certainty is needed so that the U.S. can continue rapidly scaling up wind power. The renewable energy Production Tax Credit has successfully helped the U.S. become the number one wind energy producer in the world. Congress must rapidly extend the PTC for the longest possible time to avoid pushing American wind power off a cliff. A loss of $23 billion to our economy and nearly 30,000 well-paying jobs resulted the last time wind was left without policy stability.
Their definition of policy stability is keeping the WPTC afloat for more than a year-to-year basis, and some in Congress have unsuccessfully tried to ratchet this credit up for five additional years. To me, there’s no better proof that wind hasn’t reached a share of viability in the market than the fact that thousands of projects stall when the tax credit expires. Without the WPTC, it may be assumed that the costs of bringing wind energy to market are otherwise far too high. (This doesn’t consider offshore wind like Martin O’Malley wanted Maryland ratepayers to subsidize.)
AWEA makes the case that wind’s inherent unpredictability isn’t as big a deal as it was before since the industry is so widespread around the country – there is redundancy in the system now, so while Ohio may not be getting much wind Iowa could be buffeted. But it’s their claim that the unpredictability of policy holds them back, and the fact they continue to seek this crutch of the WPTC leads me to believe their lobby is all about the money and not so much about energy independence.
You probably recall that last month I detailed a study claiming that wind-created energy saved consumers $1 billion in last year’s “polar vortex.” Ironically enough, it was released on the anniversary of the 2014 polar vortex in the midst of more unusually cold weather at a time when the favored energy source of natural gas was serving the twin masters of electricity generation and home heating.
Yet a bone of contention for the wind industry has been the overdue renewal of a production credit of 2.3 cents per kilowatt hour, allowed over the first ten years of a qualifying project’s life. A five-year extension of this credit, sponsored by Senator Heidi Heitkamp of North Dakota, was included in an amendment to the Keystone XL authorization bill in the Senate, but the amendment lost 47-51. One opponent of the credit, Americans for Limited Government, called it:
(J)ust another example of the crony capitalism that runs rampant in Washington, D.C. distorting our nation’s energy markets while encouraging the non-economically sustainable wind farming of America.
Of course, the American Wind Energy Association, while touting the increased capacity put into place last year, lamented the lack of this tax incentive:
2014 saw the completion of 4,850 megawatts (MW) in generating capacity, with cumulative installed capacity increasing eight percent to a total of 65,875 MW. That current wind capacity will avoid over 130 million metric tons of CO2 emissions annually, equal to taking 28 million cars off the road, when the current wind capacity produces generation for a full year.
However, the amount installed in 2014 still falls far short of the record 13,000 MW that the U.S. wind energy industry was able to complete during 2012.
Industry leaders blamed uncertainty over federal policy. The renewable energy Production Tax Credit was only extended for two weeks at the end of last year, and has now expired again.
“Wind is gaining strength, but as recent history shows, we can do a whole lot more,” said AWEA CEO Tom Kiernan. “We’re looking forward to working with Members of Congress from both sides of the aisle so that a reasonable, responsible tax policy is in place that allows the wind industry to continue lowering costs and investing billions of dollars in U.S. communities.”
So is it a “reasonable, responsible tax policy,” or a boondoggle?
As noted above, the tax credit is equal to 2.3 cents per kilowatt hour. According to the Energy Information Administration, the average American home uses just over 900 kilowatt-hours of electricity per month. Rounding down to 900 for ease of math, it means that each month a wind-powered home creates a tax credit of $20.70 – over a year that adds up to $248.40.
In the same AWEA release, they claim that “U.S. wind farms now provide enough power for the equivalent of 18 million typical American homes.” If this is so, then the annual cost of this tax credit would be nearly $4.5 billion. Granted, this assumes that all wind capacity in the country would qualify for the credit, but stick with me.
Yesterday our not-so-illustrious former governor Martin O’Malley blustered in the New York Times that:
(R)enewable-energy businesses still aren’t even competing on a level playing field with fossil-fuel companies, which enjoy more than $4 billion in guaranteed federal subsidies each year.
Yet if you work out the wind power tax credit, that section of renewables could get a tax break exceeding $4 billion per year, not to mention the carve-outs states like Maryland provide for renewables at the expense of less expensive and more reliable fossil fuels. The benefit of having a share of a market worth tens of billions of dollars handed to renewable energy (or, as is more common, the treatment of this rent-seeking as a penalty paid by energy companies) is rarely factored into the equation, but stands as an advantage for the renewables side that traditional sources do not enjoy.
To really get a sense of where wind power can compete, not only should we permanently eliminate the Wind Production Tax Credit, but also do away with the market share requirements for renewables. Only then can we get a sense of where the market really is for that type of energy.
There’s a reason we have cars that run on gasoline, electrical plants which run on coal and natural gas, and fervent exploration for new sources of oil, just as there’s a reason wind turbine construction came to a near-halt in 2013. The market seeks its own level.
Last week at Blue Ridge Forum, regular author Richard Falknor stepped aside for a two-part series by writer Peter Samuel, a specialist in writing about toll roads. In part one, Samuel advocated for a reduction in tolls and license fees, which was good, but in return we would have to endure this:
Fairness and efficiency will be best served by moving toward transport systems that self-finance with user fees: more precisely, fees-for-use roads should finance themselves with fees based on the cost of providing road service, road use fees, or tolls based on the distance traveled, the scarcity of road space, and the costs the vehicles impose.
Unfortunately, this raises the prospect of abuse by the state. Imagine portions of U.S. 50 and Maryland Route 90 becoming toll roads from the Bay Bridge to Ocean City, such as the bypass around Salisbury and any future routes around Easton and Cambridge. Sure, you could avoid the tolls and go through town but the traffic would become the same issue it was before the current U.S. 50 portion of the Salisbury bypass opened a decade or so ago. This would also be discouraging for truck traffic.
Maybe the best example of the problem with this philosophy is the Inter-County Connector between Montgomery and Prince George’s counties. The ICC, as it’s called, was in the pipeline for decades before finally becoming a reality under Bob Ehrlich, with Martin O’Malley finishing it last year. But the ICC isn’t popular with drivers because of its lower speed limit and heavy enforcement of traffic laws, so it hasn’t met revenue projections.
It’s likely Samuel is thinking more of the urban areas with their existing HOT lanes and other means to divide express traffic heading to the suburbs and local traffic which may hop on the highway for a couple exits. But Samuel’s second part discusses the fate of the Red Line in Baltimore and Purple Line in the Washington suburbs.
In that case he is correctly diagnosing the problem with mass transit solutions such as these:
Project advocates list all the jobs created during construction, but this is only a measure of cost, and avoids the real question: what value are they creating?
In any enterprise there is positive net value if the users are paying sufficient user fees (fares) to both cover operating costs and provide a competitive return on capital (ROI).
To the extent fares won’t cover costs plus return on capital, we have a clear measure that the value to users falls short of costs, making the project a net loss to any operator.
Rail transit in Maryland presently collects in the ‘farebox’ less than 30 cents on the dollar spent on operating the system and, of course, makes no return on capital invested. Light rail is the very worst with lower farebox recovery (currently under 20 cents per dollar.)
Some of those results could be improved, but almost no rail system in America come close to the black (100 on the dollar + ROI).
If you read further, Samuel likes the concept of the Red Line but is concerned about the construction cost and likelihood of overruns. On the other hand, his thought on the Purple Line is that it should change its form and become a bus-only route. The construction would be far cheaper and the schedule could be more easily adjusted to suit the needs of consumers. That’s an approach which makes more sense, although one has to ask why automotive traffic couldn’t utilize the route then.
At the end of part two, Peter also adds a map of proposed changes, including a westward extension of the ICC which crosses over into Virginia and provides another Potomac crossing west of Washington, as well as an eastbound addition which connects to U.S. 50 near Bowie. Also noted is a “new span Bay Bridge.”
What I would propose, though, is a truly new span Bay Bridge that’s several dozen miles south and connects Dorchester County with Calvert County. There’s no question the environmentalists (and some of the locals) would scream bloody murder, but they would for any attempt at progress anyway.
I think this bridge would encourage more tourism from the Washington area and, if combined with an extension of I-97 to its original destination near Richmond, could open up the Eastern Shore as a new tourist destination as travelers seek an alternate route around the traffic presented in Baltimore and Washington. Adding a bypass around Easton and cutoff between U.S. 50 and U.S. 301 through Queen Anne’s County (paralleling or upgrading the existing Maryland Route 213) could make this route even more desirable. Samuel could even get the cutoff to be a toll route.
There is a lot which can be done in lieu of wasting money on the Red Line and Purple Line because both are destined to be money pits; on the other hand, investing in transportation alternatives which maximize options and freedom makes more sense. As Samuel writes:
Better mobility provides greater employment opportunities, better shopping choices, more specialized health and medical services, more social and family interaction, better education, sporting. and recreational opportunities.
Our travel is not frivolous. People don’t drive the Capital Beltway for the scenery. We travel because the trips provide value.
There would be value in having a second Bay Bridge as well as the other roads for which I advocated. People and goods could move more freely up and down the East Coast, avoiding the bottlenecks presented in northern Virginia and around Baltimore, while the Lower Shore would have more direct access to a route across Chesapeake Bay, allowing for easier movement west and south.
It’s time to think on a larger scale while accepting the reality that people want the freedom to be able to jump in their cars at a moment’s notice and go wherever they wish. Mass transit simply creates dependency on the provider and allows them some level of control of movement. That may be acceptable to some, but the rest of us want to get where we want to go as quickly as possible – on our terms – and this is where government can be of service to the public.
I alluded to this the other day when Governor Hogan announced he was dropping the proposed PMT regulations, and almost as if on cue there was negative reaction from the Chesapeake Bay Foundation and the (so-called) Maryland Clean Agriculture Coalition – so-called because it has nary an agricultural group in it.
Allison Prost, the executive director of the CBF, called it “a sad day” for Maryland:
This is a sad day in the long fight to make Maryland waters clean enough for swimming and fishing. Governor Hogan’s decision has hurt the rivers and streams on Maryland’s Eastern Shore where 228,000 tons of excess manure will continue to be applied to farm fields each year, and to wash off into nearby creeks and river. The new governor rolled back 10 years of progress when he withdrew the Phosphorus Management Tool, a common sense, science-based solution to the manure crisis.
Agriculture is the largest source of pollution to the Chesapeake Bay, and is also the cheapest to reduce by far. Many farmers deserve credit for their efforts to stem pollution from their barn yards and fields. But just as those who live in our cities and suburbs are doing more to clean the Bay, so must farmers.
Businesses with technologies to help reduce phosphorus pollution from poultry manure are ready to come to Maryland and help ease the burden of excess manure. But these technologies will only have a significant impact if farmers are required to not apply excessive amounts of phosphorus to their crops. Regulations create demand for problem-solving technologies that otherwise would languish.
Additionally, by withdrawing regulations that would have reduced pollution from coal-fired power plants, Governor Hogan’s decision also has put corporate interests above the people of Greater Baltimore. Nitrogen oxides are linked to ozone which can be harmful to children and sensitive adults. As a greenhouse gas, nitrogen oxides are 300 times more powerful than carbon dioxide. Also, nitrogen from coal plants and vehicles adds millions of pounds of harmful pollution to the Bay each year. The power industry used the same hardship argument in 2006 when the legislature approved the Maryland Healthy Air Act. In the years afterwards, electricity prices dropped, and the industry prospered.
The Chesapeake Bay Foundation welcomes the opportunity to work with the Administration to ensure farmers have the resources they need to implement the PMT, and all residents see cleaner water. But we can’t compromise on science, or accept further delays on cleaning up Maryland’s rivers, streams, and the Chesapeake Bay. (Emphasis mine.)
I pointed out that one sentence in the CBF statement because it’s telling about their philosophy, If the market wouldn’t otherwise support these technologies, then they must not be that effective. Put another way: we know broccoli is relatively healthy for us, but not everyone likes broccoli. (Actually, I do when you cook it with a little butter like my mom used to.) It’s a market that languishes in comparison to, say, McDonalds. The CBF would have us compelled to eat broccoli every night because it’s good for us, not because we would want to.
It’s the same with the PMT as the process of spreading chicken manure on the fields supplements the soil. Otherwise, farmers would be forced to resort to artificial fertilizers which actually worsen the problem.
Dawn Stoltzfus, speaking for the Maryland Clean Agriculture Coalition, echoed the CBF sentiments:
We’re deeply disappointed about reports that Governor Hogan has blocked one of the biggest tools to clean up the Chesapeake Bay and local waters in more than 30 years.
Governor Hogan had the opportunity to move forward a long-delayed tool to reduce pollution from manure. Instead, he stopped the regulation to implement the Phosphorus Management Tool, adding another chapter to the history of ping-pong politics and capitulation to the agricultural industry.
Governor Hogan has sent a very worrisome signal indeed. Just hours after being sworn in as Maryland’s governor, reports say he has turned his back on clean water and sound science. He has ignored Maryland’s leading agriculture scientists, who have been working on updating this tool for more than ten years and who have repeatedly stated how its adoption is needed, now.
Phosphorus pollution from manure is getting worse, not better in the Chesapeake Bay and Maryland rivers. The Governor’s action is a threat to the health of Maryland families and to our economy that depends on clean water.
Now you would expect to hear these types of sentiments from Radical Green. But I wasn’t expecting this sort of reaction from Delmarva Poultry Industry:
Delmarva Poultry Industry, Inc. respects Maryland Governor Larry Hogan’s decision not to move forward, immediately, with the phosphorus management tool regulation. During the campaign, he pledged that it would not, in its present form, become state policy. His pledge to study the issue further to make sure it is scientifically and financially valid is a wise one that we endorse.
We have said all along that this risk management tool, even according to its developers, could not estimate how much less phosphorus might reach the Chesapeake Bay. It makes no sense to create costly regulations on all farmers throughout Maryland, not just Eastern Shore farmers who use chicken manure, without knowing what the environmental benefits might be.
We look forward to working with Governor Hogan and his team and members of the General Assembly to develop a regulation that will provide improved environmental stewardship by the agricultural community.
Why do we need a regulation? The very fact they are conceding a regulation is needed loses half the battle. I have heard some rumblings about the impotency of DPI, and this statement seems to confirm that sentiment. You would think DPI would be thrilled to have that weight removed from its chest.
Until someone can figure out a better use for chicken waste than utilizing it as the natural fertilizer – a purpose it has served for hundreds of years on Delmarva – the farmers will continue to take the blame. I can understand if a sludge pile is exposed to the elements that runoff water will carry the phosphorus directly to the nearest body of water, but if chicken waste is spread into the soil I can’t comprehend how it travels distances to the waterway. After all, the minimum distance between well and septic leach field is usually 100 to 150 feet, which is supposed to give a large enough buffer of soil to protect the water supply on a semi-permanent basis, yet we’re expected to believe manure spread across a 240 acre field is a threat to a body of water or a stream hundreds of feet away?
Honestly, I think the problem is that those who travel from the urban areas to the beach in the warm months don’t like that occasional reminder that they are out in the country thanks to the foul (or is that fowl) smell. But that’s the smell of the Eastern Shore, at least in one governor’s mind, and to many farmers it’s the smell of a better crop and more money. It’s hard enough coaxing a good harvest from the Eastern Shore in the best of times, so a little natural help is always appreciated.
Think of it as truly organic farming.
Facing a 4 p.m. deadline today, in the first few hours after Larry Hogan was sworn in as Maryland’s 62nd governor he found a few minutes to inform the Maryland Register that the proposed Phosphorus Management Tool regulations should be pulled from Friday’s edition. However, Phil Davis of the Daily Times notes there is some question about the legality of Hogan’s move, with the lack of precedent cited as a concern. I would rate the chances of a legal challenge from one or more of the state’s environmental groups as good, although Timothy Wheeler of the B’More Green blog noted yesterday:
According to an opinion issued last month by then-Attorney General Douglas Gansler, the rules can be withdrawn or simply held up by preventing them from being published in the register, which is printed and posted online every two weeks.
Naturally that doesn’t mean new Attorney General Brian Frosh wouldn’t side with environmentalists, but it sounds like Hogan has the legal leg to stand on.
So the attention now will turn to the General Assembly, where it’s expected legislation with the same goal will be introduced in the next few days. Because of the way regulatory language is written for the Maryland Register, it’s relatively easy to translate to bill form. And as the Eastern Shore delegation only makes up 9 House seats and 3 Senate seats, their objections mean little when suburban Montgomery County has 24 Delegate and 8 Senate seats by itself. (Out of 124 Democrats in the General Assembly, that county makes up over one-fourth.) Few, if any, of those General Assembly members have been on a working farm – for the most part, their impression of the Eastern Shore seems to be that of knowing where all the speed traps are on the way to the beach.
But just taking the delegations from Montgomery and Prince George’s counties and Baltimore City – areas which range mostly from urban to suburban, with little in the way of agriculture – gives that side a bloc of 63 House members and 22 Senators, meaning that prospective PMT legislation has a very good chance of passing. Add in the fact that the relevant committee chairs and vice-chairs mainly represent the three areas in question, with the fourth from a similarly suburban section of Baltimore County, and the skids are probably being greased right now. The Democrats aren’t going to let Larry Hogan get away with an opening victory that easily; it’s in that spirit of bipartisanship that they’ll demand these rules be enacted, you know.
Since word came down on this Hogan action late in the day, the environmentalists didn’t get a chance to formally react but some took to Twitter.
Gov. Hogan's first act? Withdrawing state rules to protect the air we breathe and the water we depend on. http://t.co/PusqbbqGoa
— MD Clean Agriculture (@CleanerMDfarms) January 22, 2015
I look at it as withdrawing overly punitive rules when we haven’t even figured out yet whether the last set had an impact. When the entity that grades the Bay also solicits donations based on its assessment, we’re not exactly dealing with an honest broker.
So Larry Hogan’s initial major action as governor was a step in the right direction. Let’s hope it’s the beginning of a moratorium on these environmental regulations so we can evaluate the effectiveness of what we already have and see if dealing with the sediment that periodically leaches out of the pond behind the Conowingo Dam will make a difference.
In the quest to get America back to making things, it was good news to find that manufacturers added 17,000 jobs in December. That brought the 2014 growth in that sector to 186,000, continuing the steady growth in that sector since the job market hit bottom there in 2009-10. When you consider that 2012 predictions saw the manufacturing sector losing jobs through this decade, having a very positive number nearly halfway through is a good sign.
Naturally Barack Obama tried to take some credit for this during a speech at a Ford plant near Detroit last week. As I noted in a piece I wrote for the Patriot Post, it’s ironic that the plant was idled due to slow sales of hybrids and small cars built there, but the auto industry has played a part in the resurgence of manufacturing jobs in America. This is particularly true in the construction and expansion of “transplant” auto plants in the South by a number of foreign automakers.
But there has been criticism of Obama from his political peers. As a carryover from my American Certified days I often quote Scott Paul, the president of the Alliance for American Manufacturing, because his organization is strongly influenced by Big Labor and presumably supported Obama in both his elections. Yet Paul is none too happy with Obama’s progress:
Manufacturing job growth slowed to 17,000 in December, which portends some of the challenges an overly strong dollar, weak global demand, and high goods trade deficits may bring in 2015. While President Obama is touting factory job gains and our Congressional leaders are looking for ways to rebuild the middle class, what’s missing for manufacturing is good policy.
Congress and the president need to hold China and Japan accountable for currency manipulation and mercantilism, and invest in our infrastructure. New innovation institutes are a good thing, but their presence alone won’t bring manufacturing back. And as the president enters the final half of his second term, he’s falling way behind his goal to create one million new manufacturing jobs.
The innovation institutes Paul refers to are public-private partnerships being created around the country in various fields, in the most recent case advanced composites. But Obama lags behind on his promised 1 million new manufacturing jobs for this term as it nears the halfway mark as he’s created just 283,000. It’s great if you’re one of those newly employed workers, but his policies are leaving a lot of chips on the table. In fact, National Association of Manufacturers economist Chad Moutray frets that:
…manufacturers still face a number of challenges, ranging from slowing global growth to a still-cautious consumer to the prospect of increased interest rates. With the start of the 114th Congress, manufacturers are optimistic that there will be positive developments on various critical pro-growth measures, including comprehensive tax reform, trade promotion authority and a long-term reauthorization of the Export-Import Bank, and focusing on important infrastructure priorities like building the Keystone XL pipeline and addressing the solvency of the Highway Trust Fund.
While manufacturers would like to see these measures, attaining some of them may be tough sledding in a conservative Congress. There are a number of representatives and conservative groups who don’t want to give the President fast track trade authority, wish to see the Export-Import Bank mothballed out of existence, and will not consider increasing the federal gasoline tax – an action for which Moutray uses the euphemism “addressing the solvency of the Highway Trust Fund.” These actions may benefit the large manufacturers but won’t help the bread and butter industries solely serving the domestic market like the 24-employee machining shop or the plastics plant that employs 80.
Turning to the state level, our local manufacturing (so to speak) of poultry has a big week coming up. On Wednesday morning, the final deadline to submit new regulations to the Maryland Register for the January 23 printing will pass. You may recall that the December 1, 2014 Maryland Register featured the new Phosphorus Management Tool regulations as proposed (page 1432 overall, page 18 on the PDF file.) The new regulations were not in the January 9 edition, so January 23 may be the last chance to get these published under the O’Malley administration due to the deadline being set in MOM’s waning days.
Yet I’m hearing the rumors that a legislative bill is in the works, to be introduced in the coming days by liberal Democrats from across the bridge. Doing this legislatively would perhaps buy a few months for local farmers because such a bill would probably take effect in the first of October if not for the almost certain veto from Governor Hogan. If Democrats hold together, though, they would have enough votes to override the veto in January 2016, at which time the bill would belatedly take effect. Still, it will be difficult to stop such a bill given the lack of Republicans and common-sense Democrats in the General Assembly. To sustain a Hogan veto would take 57 House members and 19 Senators, necessitating seven Democrats in the House and five in the Senate to join all the Republicans.
We haven’t received the data yet to know whether the installation of Bob Culver as County Executive was enough to break an 11-month job losing streak year-over-year here in Wicomico County, but his task would be that much tougher with these regulations put in place.
The outburst of cold weather during the first few days of January was the result of a meteorological anomaly which happened to occur on the same days for two years in a row. The polar vortex which occurred on January 6 and 7 in 2014 struck again with full force on those same dates this year, and the cold weather proved to reinforce a point made by a surprising beneficiary.
According to the American Wind Energy Association, which advocates for wind power as an alternative source of energy, consumers saved $1 billion in the 2014 polar vortex thanks to the availability of wind power. As they note:
Wind energy does this by protecting against spikes in the price of other fuels in the Mid-Atlantic and Great Lakes states. While other power plants failed in last January’s extreme cold or faced skyrocketing prices for fuel, wind energy continued producing electricity with zero fuel cost, not only keeping the lights on but also keeping money in consumers’ pockets.
With extreme cold now gripping much of the Eastern U.S., wind energy is once again helping to keep the lights on and protecting consumers against energy price spikes by diversifying the nation’s electricity mix. This is a repeat of the value wind energy provided to consumers during the “Polar Vortex” event exactly one year ago (Wednesday.)
Further, I also learned that the amount of electrical power created by wind reached an all-time high in two regions of the country overnight Tuesday night. Yes, it was blowing hard the other day so wind turbines were at their maximum effect and production.
In the last 24 hours wind set a new output record for the MidContinent ISO (MISO) and for the Southwest Power Pool (SPP), an area that covers much of the Midwest. Wind also performed at near-record levels in the PJM market (PJM).
Overnight on January 6-7, the MISO experienced a record 11,725 MW of wind production while the SPP region added another 7,625 MW – between the two, they powered 15 million homes. AWEA also claimed “near-record” production in the PJM area, which includes our region. In some areas, wind power was a far more significant provider during the event than its overall 4 percent share of the market.
Yet while wind power has made some significant achievements, no story is complete without pointing out a couple of realities: wind energy is not as reliable as fossil fuels, and its distribution pattern in this country makes it a tenuous backup plan for some regions, such as the southeastern part of the country. Negligible wind energy production exists there because of unfavorable conditions.
The reason wind power was so useful in this instance of cold weather was that natural gas has to serve two masters when it’s cold: electricity generation which occurs all year and home heating for the winter. With the difficulty in building the infrastructure needed to move our abundant supply of natural gas to markets in some areas of the country, the spot price surged. AWEA’s $1 billion assertion was based on that price spike for natural gas.
Because of the fickle nature of wind power, it’s interesting to note that PJM keeps a constant eye on the output of its wind turbines and their predicted effects. As of the moment I write this, the wind turbines are producing 4,424 megawatts, which is slightly below the 4,585 megawatts forecast. To meet needs other sources will have to come into play if they’re not already accounted for.
The economics of wind are fickle as well. While the on-again, off-again nature of the Wind Production Tax Credit of 2.3 cents per kilowatt-hour produced has affected the building of turbines – opponents consider them a handout both to the industry and Wall Street – state government mandates for clean energy prop up the demand. Without the prescribed mandates from states like Maryland, which has a current goal of 10% of its energy source generation from wind and other renewables, it’s likely the wind energy industry would be non-existent in America.
But its legitimacy was bolstered from a surprising source this week. Each year, the American Petroleum Institute puts out a State of American Energy Report, and for the first time it addressed a number of alternative energy sources including wind power. As Jack Gerard of API puts it:
Rather than focus solely on the oil and natural gas industry, API this year is pleased to partner with organizations representing various energy sectors to highlight the contributions of each toward America’s current and future economic wellbeing, and collectively stress the importance of adopting a lasting “all of the above” energy strategy.
In their section of the API report, AWEA notes that potentially 35 percent of America’s electricity could be created from wind power by 2050. Of course, there are questions about the health risks of living near a wind turbine which will merit further study, but it is relatively convenient that most of the best places for wind production are in sparsely-populated areas.
If you subscribe to the “all of the above” energy strategy, you may be setting a place at the table for wind energy. Certainly it won’t serve all of our needs as well as the versatile roster of fossil fuels has over the years, and it may have to navigate a brave new world without the tax credits that have built the industry up over the last two decades – in fact, I think it should. Logic would dictate that, since the fuel is free of charge, the only cost should be the infrastructure, transmission, and occasional maintenance and monitoring, so who needs a tax break?
We won’t always have a polar vortex, but if the wind energy industry is where its backers say it is, we won’t need one to make wind a good choice. Let’s put it on a level playing field and see how it fares.
Since both have been mentioned in the news as potential Presidential candidates, governors Martin O’Malley of Maryland and Andrew Cuomo of New York have been natural rivals for the attention of the various interest groups that make up the constituency of the Democratic Party. It seems that they are always trying to one-up the other in enacting off-the-charts liberal legislation – when one allowed gay marriage, passed draconian gun laws, or pandered to illegal immigrants, the other tried to follow in rapid succession.
Martin O’Malley and Andrew Cuomo also both cast their lot with the radical environmentalists who claimed (falsely) that hydraulic fracturing for energy extraction would ruin their state’s environment. Yet while O’Malley relented ever-so-slightly in recent weeks, allowing the practice but with regulations one energy expert called “onerous and time-consuming,” Cuomo stopped the practice cold in his state by decreeing in an announcement last week that fracking would be banned, timed nicely after his re-election. Observers of both states are scratching their heads about these decisions, both in the media and in the energy industry. In New York, local media bemoaned the lost opportunity while landowners in the affected area called Cuomo’s ban a “worst-case scenario.”
Yet in the middle of all this sits the commonwealth of Pennsylvania, a state which has embraced the economic benefits of the practice to such a degree that Tom Wolf, the incoming Democratic governor of the state won’t ban it. (However, he may stiffen regulations and increase taxes on energy producers, which will be something to watch in the coming months.)
Granted, their good fortune of geography means Pennsylvania has the largest share of the Marcellus Shale which yielded all that natural gas, while Maryland only has a small slice and New York has a small but significant portion. For their part, Ohio and West Virginia also have sizable portions of the formation, while Virginia’s share is similar to Maryland’s. Ohio has been nearly as aggressive as Pennsylvania in taking advantage of the shale – although recently re-elected Republican Governor John Kasich is also trying to increase taxes on producers – while West Virginia is lagging behind their neighbors and just beginning the process of allowing extraction.
It’s a given that fracking isn’t without risk, but neither are installing large solar farms or erecting 400-foot high wind turbines. Yet the natural gas and oil provided from fracking make for a much more reliable energy source than the intermittent electricity provided by the latter pair, sources which ironically need a natural gas backup to be consistent.
As time goes on we will see just what economic effects a fracking ban will have on the affected areas of New York. But as we have seen in states which have already began the extraction, the Empire State is missing out on the potential for investment and return that having the Marcellus Shale provides for those lucky enough to live over it. Hopefully our neighbors in western Maryland will see some benefits in the next couple years as Governor-elect Hogan puts “sensible” regulations in place to benefit all concerned parties.
In the ongoing quest by Martin O’Malley and his administration to burnish his environmental credentials for a possible presidential run, the farmers of the Eastern Shore have been placed squarely in his crosshairs. I suppose this is MOM’s way to catch the fourteen counties not yet affected by his “rain tax,” although some local municipalities are joining in on that fun without waiting on the mandate.
At the beginning of the month, the administration began once again to try and enact the Phosphorus Management Tool, or PMT. The timing was important because the mandated public comment period comes to a close December 31, three weeks before MOM rides off into the proverbial sunset. Appeals for a public hearing have thus far fallen on deaf ears, so the comment period is really the only opportunity to make our voice heard. (Comments should be addressed to Maryland’s Secretary of Agriculture, Earl Hance. His e-mail address is email@example.com.)
Needless to say, the environmentalists are thrilled about this prospect, including a “Maryland Clean Agriculture Coalition” which doesn’t have a single farming-related entity within it. They note the 48,000 pounds (24 tons) of phosphorus the PMT is supposed to alleviate. Remember that number because it comes up later.
The Clean Chesapeake Coalition (CCC) chimed in with its appeal, which states in part:
In furtherance of this objective and in the interests of its individual county members, the Coalition opposes the re-proposed regulations and requests MDA to withdraw the regulations for the reasons explained below. In sum, the implementation costs to farmers, the costs to taxpayers, the adverse impacts on local and regional economies, and the overall added strain from more piled on Chesapeake Bay Total Maximum Daily Load (“TMDL”) driven regulations far outweigh the purported reduction in overall phosphorus loading to Maryland waters and other speculative environmental benefits that may result from the PMT regulations.
In reading their ten-page letter to Secretary of Agriculture Earl Hance, the points made by the CCC appear to be as follows:
- The economic effect on businesses is “grossly understate(d).” While the BEACON study was done in order to satisfy the demand for a study of these effects, its author admits it “was not meant to serve as a comprehensive economic impact study.”
- Remember that 24 tons of phosphorus these regulations address, at a cost of $61 million over six years in increased expenses from farmers and state subsidies? The flow running through the Conowingo Dam spews out 3,300 tons of phosphorus a year – it’s like sticking your finger in the hole in the dike and ignoring the water pouring over the top. Meanwhile, the pond behind the dam has another 130,000 tons just waiting to be scoured out in a significant storm event.
- Phosphorus concentration in tributaries of the Susquehanna River north of the dam is over 3.5 times greater than comparable tributaries on the Eastern Shore.
On that last point, it’s helpful to use the illustration the CCC provides:
Phosphorus is loaded into the Bay at an average annual rate of 3,300 tons (6,600,000 lbs.) from the Susquehanna River; not including what is scoured from the full reservoirs in the lower Susquehanna during storm events and on a more regular basis. Maryland’s annual average phosphorus loading to the Bay from agriculture of 985 tons (1,970,000 lbs.) is minimal when compared to the Susquehanna River.
Earlier this month, Exelon withdrew its request for renewal of its hydroelectric license at Conowingo Dam because more study of its effects on water quality downstream were desired. The utility has agreed to spend up to $3.5 million on studies of water quality downstream. It appears they’ve also become aware of the detrimental effects on the Chesapeake Bay, yet the environmentalists don’t seem to be interested nearly as much in Exelon and in the Conowingo Dam as they are the poultry industry.
A Washington Post story over the weekend noted the controversy, including remarks from Wicomico County farmer Lee Richardson, who seems to be something of a go-to guy when it comes to poultry growers. Many of the reader comments on the Post piece, though, illustrate the divide between the urban and suburban hipster whose idea of poultry is the organic chicken they buy at Whole Foods and the beleaguered grower who already has to comply with numerous state and federal guidelines without having to worry about arrangements to truck chicken droppings out of the area. The Post readers blame the industry itself, saying that its not carrying its weight in addressing the concerns about water quality – bear in mind these are the people who were just fine with enacting a nickel-per-bird “chicken tax” called the Poultry Fair Share Act which was supposed to raise $15 million a year.
In that fiscal note from the Senate bill, it’s noted that the Eastern Shore has “over 700″ poultry farmers. For ease of calculations, I’ll set the number at 750. If the cost to farmers is $22.5 million over 6 years – as estimated in the BEACON study – it works out to $30,000 per farmer over the six-year period or $5,000 a year. That’s a significant compliance cost – assuming, of course, it’s really true because government estimates are generally optimistic on revenues and short on expenditures.
So here’s hoping that our efforts can bear fruit and stop this particular piece of madness once and for all. There’s still time to comment.