MVCAC August 2005

mvcac@lists.osenergy.org

5 participants
9 discussions

Hazardous Air Pollutants [HAPS]
by Duane330＠aol.com 30 Aug '05

30 Aug '05

Please see the information fact sheet below. Just to summarize, we are working to build support for the Senate resolution to overturn the EPA's rules on power plant mercury emissions. The vote on the resolution will take place on or before September 13th, and Senator Byrd is a key vote. I will be holding a news event on the morning of the 8th in Charleston to release the report "Made in the USA" that finds that West Virginia is ranked 7th in the nation for the highest levels of mercury emissions from power plants. Kate Johnson Clear Air & Energy Associate U.S. Public Interest Research Group (U.S. PIRG) 218 D Street, SE Washington, DC 20003 202-546-9707 (p) 202-546-2461 (f) _www.cleanairnow.org_ (http://www.cleanairnow.org) >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> PROTECT WOMEN AND CHILDREN FROM TOXIC MERCURY POLLUTION In March 2005, EPA finalized a rule that “delists” power plants as a source of mercury and other air toxics subject to strict controls under the Clean Air Act.1 The rule rescinds EPA’s 2000 finding that it is appropriate and necessary to regulate mercury from coal-fired power plants as a hazardous air pollutant2 and removes power plants from a list of sources required to reduce their toxic emissions by the maximum achievable amount. S.J. Res. 20, introduced by Senators Leahy and Collins under the Congressional Review Act, would disapprove EPA’s delisting rule and restore integrity to the rule-making process. Mercury harms human health. Mercury is a potent neurotoxin that can affect the brain, heart, and immune system. Developing fetuses and children are especially at risk; even low-level exposure to mercury can cause learning disabilities, developmental delays, lowered IQ, and problems with attention and memory. EPA scientists estimate that one in six women has enough mercury in her body to put her child at risk should she become pregnant.3 Power plants are the largest manmade source of U.S. mercury emissions.4 Mercury pollution is so pervasive that 44 states have posted mercury-related fish consumption advisories—in half of these states, for every lake and/or river.5 EPA data show that 29% of the mercury deposited in the U.S. comes from U.S. power plants alone, and deposition can be much higher near individual plants, since local sources can account for 50-80% of mercury deposition at hot spots.6 EPA’s mercury rule is an about-face that fails to protect public health. In 1998, after studying health hazards from utility emissions of hazardous air pollutants (HAPs), EPA found that power plants were significant emitters of HAPs and that mercury was the HAP of greatest concern.7 In 2000, EPA found that power-plant mercury emissions “are a threat to human health and the environment” and that it was appropriate and necessary to reduce power-plant emissions of mercury and other HAPs to the maximum extent.8 And in 2001, EPA told the electric utilities’ trade association that the Clean Air Act required national reductions in mercury emissions on the order of 90% by December 2007.9 Yet EPA now claims its 2000 finding “lacked foundation,” asserting that “the level of [mercury] emissions remaining after imposition of the requirements of the Act will not cause hazards to public health” and that it is neither necessary nor appropriate to regulate any power-plant HAP emissions.10 This total—and irresponsible— about-face is the result of intense industry pressure and White House manipulation of the rule-making process, as revealed in numerous press reports.11 EPA’s delisting rule is illegal. Under the Clean Air Act, EPA cannot remove power plants from the source list unless it first determines that no industry source emits hazardous air pollutants in amounts that adversely affect public health or the environment.12 EPA did not even try to make this showing and instead simply declared that it was under no obligation to do so.13 Fourteen states—California, Connecticut, Delaware, Illinois, Maine, Massachusetts, Minnesota, New Hampshire, New Jersey, New Mexico, New York, Pennsylvania, Vermont, and Wisconsin—have already filed suit challenging the rule, and numerous public health groups, Indian tribes, and the City of Baltimore have intervened in delisting cases to oppose it. Congress should act to reject the rule now. EPA delisted power plants to avoid setting strict controls for mercury and other air toxics and to clear the way for an industry-backed “cap-and-trade” system that parallels the mercury provisions in S. 131, the latest version of the administration’s “Clear Skies” initiative. The cap-and-trade plan enables power plants to buy and trade mercury “credits” rather than reducing their mercury pollution, which increases the risk of creating or exacerbating hot spots. Moreover, although the plan calls for 70% reductions in power-plant mercury pollution by 2018, the Congressional Research Service has concluded that these reductions may not occur until 2030.14 While the states are likely to win in court, the litigation process is slow. By contrast, Congress can act now to nullify the delisting rule and restore integrity to the rulemaking process. A vote for the disapproval resolution will direct EPA to finalize a rule that complies with the Clean Air Act, reducing toxic air pollution by the maximum achievable amount. It is long past time for power plants to meet this standard, reducing their mercury pollution about 90% by 2008, just as other major sources of mercury have already done. Protect Americans from mercury pollution by supporting the Leahy-Collins resolution. For more information, contact Supryia Ray or Emily Figdor, U.S. Public Interest Research Group, (202) 546-9707. References 1 70 Fed. Reg. 15993 (Mar. 29, 2005). 2 65 Fed. Reg. 79825 (Dec. 20, 2000). 3 Kathryn Mahaffey, Robert P. Cliffner, and Catherine Bodurow, “Blood Organic Mercury and Dietary Mercury Intake: National Health and Nutrition Examination Survey, 1999 and 2000,” Environmental Health Perspectives, 112(5): 562-570 (Apr. 2004). 4 65 Fed. Reg. at 79829. 5 Zachary Corrigan, U.S. PIRG Education Fund, Fishing for Trouble, Oct. 2004; West Virginia Fish Consumption Advisories (advisory upgraded to statewide level after publication of Fishing for Trouble), available at _http://www.wvdhhr.org/fish/current.asp_ (http://www.wvdhhr.org/fish/current.asp) . 6 Environmental Defense, Out of Control and Close to Home: Mercury Pollution from Power Plants (2003). 7 EPA, Study of Hazardous Air Pollutant Emissions from Electric Utility Steam Generating Units (Feb. 1998). 8 65 Fed. Reg. at 79827. 9 EPA, Presentation to the Edison Electric Institute, 18 Sept. 2001, available at: _http://cta.policy.net/epamercury.pdf_ (http://cta.policy.net/epamercury.pdf) (stating that a MACT standard would require national reductions in mercury emissions of 89, 90, or 98 percent by Dec. 2007). 10 70 Fed. Reg. 15993, Section IV. 11 See, e.g., Tom Hamburger and Alan C. Miller, “Mercury Emissions Rule Geared to Benefit Industry, Staffers Say,” L.A. Times (Mar. 16, 2004). 12 Clean Air Act, § 112(c)(9)(B)(ii). 13 70 Fed. Reg. 15993, Section VIII. 14 Congressional Research Service, Mercury Emissions from Electric Power Plants: An Analysis of EPA’s Cap-and-Trade Regulations (Apr. 15, 2005).

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MVCAC Minutes-8-22-05
by Duane330＠aol.com 27 Aug '05

27 Aug '05

MVCAC Minutes August 22, 2005 The August 22nd meeting of the MVCAC was held at the home of Martha and Larry Schwab with 14 members in attendance. Duane began the meeting by reminding the group about the Media Committee's campaign to have members attend City Council meetings or write letters to the editor. Deb reported on her visit to a City Council meeting. She discussed pulmonary physiology and the effects of ozone and particulates on the respiratory system. Her presentation was well-received. Don Spencer's feedback for our group was that we should develop specific actions that City Council can take. Deb suggested the development of an awareness of air quality on Council and persuading the Dominion Post to publish a daily air quality index. The group discussed the fact that an air quality index is available on-line. The Air Quality Index can be found at: _www.epa.gov/airnow_ (http://www.epa.gov/airnow) Duane announced that the appeal of the Monongalia County Circuit Court's decision to dismiss the lawsuit in regard to the PILOT agreement for Longview Power had been filed by attorney Robert Bastress. Phil Gaujot reviewed the appeal prior to the filing. Duane also announced that Phil would like to represent our group at the Public Service Commission (PSC) regarding the Longview application for a transmission line permit (when it is filed). Karen Woodfork has continued discussion with Boggs Environmental about the air monitoring equipment. They said they would "probably" be interested. Duane and Karen will be meeting about monitoring, and he asked Larry to join them. Jarrett's appeal of the air quality permit issued to Longview Power is still active in the Kanawha County Circuit Court. He provided information from FERC showing that we did not need a 500 kV transmission line. Jarrett also shared a letter dated 12/05/04 that he had obtained from the Federal Aviation Administration (FAA). It was from the FAA to Longview Power. In it, the FAA indicated that the proposed stack height was an obstruction hazard, that public comment should be solicited, and that, at the time of the letter, the stack should not be built. [See also: _www.oeaaa.faa.gov_ (http://www.oeaaa.faa.gov/) ]. Duane discussed the noise issues related to the proposed Longview plant. The PSC opened up only the noise portion of the siting certificate rules for reconsideration. The PSC ordered the establishment of a task force to further study the noise issue. Duane suggested that those members of our group who have been identified by the PSC as being able to serve on the task force have an opportunity to reply to the PSC this week. Dennis reported on the appeal of the permit for the coal waste burning power plant in Nemacolin (Greene Energy or GERRP). The co-appellants, are the National Parks Conservation Association, Group Against Smog and Pollution (GASP), Phil Coleman (Fayette County resident north of the plant), and Dennis Groce (Fayette County resident south of the plant). They are represented by attorney Tom Buchele of the Pitt Environmental Law Clinic. If you would like to help on the GERRP issue, there are several things you can do. Eventually, the appellants will need money to cover the cost of transcribing depositions and for expert witnesses. And, there are several parks/wilderness areas that would be affected by this plant. These include Shenandoah Nat'l Park, Otter Creek Wilderness, James River Face Wilderness, and Otter Creek Wilderness Area. If you have visited (used) those areas and are concerned about the likelihood of their degradation by the GERRP and if you join GASP, you will have the opportunity, as described by attorney Elizabeth Rosemeyer, to complete an "...affidavit stating when and how you've used the areas, and how long you've been a GASP member. As a declarant, you could be called (although it would be unlikely) to testify at the hearing about what you say in your statement." To learn about GASP and how to join, visit: http://www.gasp-pgh.org/. You can join for as little as $35. Dennis joined GASP last fall and has have found them to be a good organization. They provide timely reminders of relatively local/regional issues. Also, they didn't have to join in the appeal of GERRP, but they have become involved in not only this appeal, but also the appeal of the Beech Hollow plant in Robinson Township. They are also active in creating opposition to other regional proposals. They are sort of focused on Pittsburgh, but the Beech Hollow and GERRP appeals demonstrate that they do respond to a wider base of concerns. Please consider joining GASP for this specific project, and communicate with Liz Rosemeyer if you have used any of the Class I areas. You can contact Dennis for information at: _d_mgroce(a)labyrinth.net_ (mailto:d_mgroce@labyrinth.net) Paul B. read an email from Jim Kotcon to the City Council congratulating them for signing on to the Urban Environmental Accords, which call for cities to develop policies to provide such things as increased access to public transportation, access to safe drinking water, the use of renewable energy, etc. Jim suggested that, while signing on was admirable, Council should also develop initiatives to implement the accords, and he provided a number of examples. Duane reported that Allegheny Energy has applied for permission to sell environmental control bonds to finance the building of scrubbers on the Ft. Martin Plant. [H.B. 2849]. Duane informed the group that we have been invited to join the WV Environmental Council (WVEC). According to their website, their mission is to "facilitate communication and cooperation among citizens in promoting environmental protection in West Virginia, to assist in organizing grass roots groups, to facilitate interaction among established environmental organizations, and to correspond with all appropriate local, state, and federal agencies involved in the management of West Virginia's environment." After some discussion, Bill moved that we join, Paula seconded, and the motion passed without dissent. The WVEC would like us to let them know what our legislative agenda is, as they spend time lobbying in Charleston. One suggestion was that they try to change state legislation that does not allow state agencies to go beyond federal standards for controlling greenhouse gases. Another suggestion was related to the generation of power by private citizens. Currently, state law permits citizens only to break even on selling energy back to the power company. That is, they can sell as much as they use, but they cannot make a profit. Duane announced that the WVEC is having their 17th Annual Fall Conference on 10/16-10/18. For more information, visit their website at: _http://www.wvecouncil.org_ (http://www.wvecouncil.org/) Linda asked Paul B. about what was happening with the university, and his resolution that was passed (without dissent) by the Faculty Senate during the May 9, 2005 meeting. The resolution was: Be it resolved, (1) that the Faculty Senate commit themselves to work together with the administration of West Virginia University to incorporate ecologically sound principles in the construction and renovation of all University property and the operation of University equipment, including vehicles. The objectives of these practices would be to achieve lower costs, reduce or reverse environmental damage, and provide a healthier workplace. Such practices will include, but are not limited to, green architecture (the use of building materials which are environmentally friendly, inexpensive and efficient, and structural designs which take advantage of natural heating and lighting); energy self-sufficiency (through the use of solar power and energy efficiency); recycling; and alternative transportation (such as peripheral parking and shuttle buses, and natural gas-powered vehicles). Be it further resolved, (2) that West Virginia University will work with other entities, including governmental agencies at all levels, businesses, and private citizens, to provide expertise and financial incentives to follow similar practices in the public and private sectors. Be it further resolved, (3) that West Virginia University will develop local expertise within the University, government agencies and the private sector for economical and effective implementation of these practices. Paul indicated that he was going to arrange a meeting with Provost Lang at WVU to discuss the resolution. Peter V. suggested that Paul request the establishment of an environmental law clinic at the WVU Law School. It was also suggested that Paul recommend that an environmental health clinic be established at the medical center. Larry S. acknowledged the contributions of Holly Rieke to our cause, who passed away in late July. Holly was a tireless advocate for causes such as clean air. She will be sorely missed. Paula announced that the Friends of Deckers Creek Carp Fest is scheduled for October 8, and we could have an information table there. We now have an EIN number and will be applying for 501c3 status shortly. The next MVCAC meeting will be held on Monday, September 26 at the home of Martha and Larry Schwab. Arrive at 6:30 for the social half hour. The meeting will begin at 7:00. Respectfully submitted, Linda Shuster, Secretary [August 27, 2005].

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MVCAC meets tonite
by Duane330＠aol.com 22 Aug '05

22 Aug '05

...........friendly reminder..................tonite.... THE NEXT GENERAL MEETING OF THE MONVALLEY CLEAN AIR COALITION WILL BE MONDAY, AUGUST 22nd, AT 3333 COLLINS FERRY ROAD IN THE SUNCREST AREA OF MORGANTOWN, AT THE HOME OF LARRY AND MARTHA SCHWAB. GATHER AT 6:30 TO SOCIALIZE AND MEET AT 7 pm.

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City Council report tonight
by Dfvet＠aol.com 17 Aug '05

17 Aug '05

TO: MVCAC I've attached the outline of my presentation to City Council for your review.

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Meet: 22nd at Collins Ferry Road
by Duane330＠aol.com 15 Aug '05

15 Aug '05

THE NEXT GENERAL MEETING OF THE MONVALLEY CLEAN AIR COALITION WILL BE MONDAY, AUGUST 22nd, AT 3333 COLLINS FERRY ROAD IN THE SUNCREST AREA OF MORGANTOWN, AT THE HOME OF LARRY AND MARTHA SCHWAB. GATHER AT 6:30 TO SOCIALIZE AND MEET AT 7 PM. DO NOT WAIT TO BE ACTIVE. ........... Duane >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> News Release For Immediate Release: For more information please contact: August 12, 2005 Paula Hunt (304) 692-7588 Morgantown, WV Duane Nichols (304) 599-8040 ______________________________________________________________________________ ________________________________________________ LONGVIEW TAX BREAKS APPEALED TO SUPREME COURT A group of individuals and organizations based in Monongalia County, West Virginia has filed an appeal with the state Supreme Court regarding tax breaks given to the proposed 600 MW coal-fired Longview power plant. Citizens for Alternatives to Longview Power (CALP) was one of the non-profit groups along with other concerned citizens that filed a lawsuit in Monongalia County Circuit Court on October 9, 2003 over the “payment in lieu of taxes” or PILOT agreement signed by Longview Power and Monongalia County officials. That case was dismissed in the Monongalia County Circuit Court on April 12, 2005, and is now being appealed. “The embattled Longview power plant is facing yet another court challenge, this time an appeal of the legality of the lucrative tax breaks offered by the Monongalia County Commission,” said Paula Hunt, a spokesperson for CALP. The appeal states that the PILOT agreement would violate multiple sections of the State constitution including the requirement for equal taxation. Longview has claimed that they cannot build the plant without the tax agreement, and has had repeated delays in their projected start of construction. “We believe the Circuit Court made an error when it dismissed the case before both sides conducted legal discovery,” said Ms. Hunt. “Our legal team of Robert Bastress and Phil Gaujot will impress upon the Supreme Court that this case can only be judged fairly after important facts come to light during the discovery process.” Duane Nichols, the president of the Cheat Lake Environment and Recreation Association, said that “it is just plain unfair for the county to provide a very large tax break to one specific private company, particularly when the electricity is to be sold out-of-state, when the coal may come primarily from Pennsylvania, and when all the environmental impacts will be felt primarily by those already affected by our largest power plant and largest polluter, the Ft. Martin power plant.” “We have found that the PILOT agreement itself is based on a flawed and unconstitutional application of state statutes," said James Kotcon. "It is simply wrong for one out-of-state, for-profit company to get tax breaks that are not open to every other taxpaying business in the County. It’s an issue of tax fairness," asserts Kotcon. “The statute under which the PILOT was offered was intended to apply to publicly-owned projects financed through public bonds for public benefit; not to a private out-of-state company whose primary goal is to maximize its own profits." “It appears that the Longview plant has many problems and this is yet another problem for Longview,” said Jarrett Jamison, a resident of the Fort Martin Community, where the proposed plant would be located. “Construction has been put off due to one delay after another; and Longview has repeatedly failed to finalize the required permits”. The Air Quality Permit is still under appeal in the Kanawha County Circuit Court. The ‘siting certificate’ was approved by the Public Service Commission with a number of conditions on it that have not yet been met; and the ‘ transmission certificate’ has yet to be applied for. The Federal Aviation Administration has yet to approve the smoke stack for this plant, and the Federal Energy Regulatory Commission has required Longview to negotiate rights of way for transmission lines with Allegheny Energy. That is expected to cost Longview over 5 million dollars alone. In addition to CALP, the plaintiffs include the Citizens for Responsible Development, the Cheat Lake Environment and Recreation Association, and more than 50 local residents. Defendants in the action are Longview Power, LLC, the Monongalia County Development Authority, the Monongalia County Commission, the Monongalia County Board of Education, and the Monongalia County Assessor. More information on the project is available at the web sites for Longview Power: _http://www.genpower.net/longview_ (http://www.genpower.net/longview) , and for CALP: _http://www.nolongview.org/_ (http://www.nolongview.org/) .

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Air Monitoring Grants
by Kotcon, James 10 Aug '05

10 Aug '05

EPA AIR TOXICS AMBIENT MONITORING GRANTS Time Sensitive: Letters of Intent Due July 22 EPA is accepting applications for projects designed to assist state and local communities in identifying and profiling air toxics sources, developing and assessing measurement methods, characterizing local air toxics problems, and tracking air toxics reduction activities. Eligible organizations include city, county and state governments, independent school districts, public institutions of higher education, and Native American tribal governments. A total of $6,250,000 will be awarded to approximately 15 applicants. Letters of intent are expected by July 22, 2005. Applications are due August 22, 2005. For more information, see http://fedgrants.gov/Applicants/EPA/OGD/GAD/OAR-EMAD-05-16/Grant.html Dr. James Kotcon Interim Program Leader - Organic Agriculture USDA-CSREES Mailstop 2220, Washington, DC 20250 phone: 202-401-4879 Cell: 304-319-2244 fax: 202-401-4888 for overnight carrier: 800 9th St., SW, Room 3344 Washington, DC 20024 _____ From: mvcac-bounces(a)cheat.org [mailto:mvcac-bounces@cheat.org] On Behalf Of Duane330(a)aol.com Sent: Wednesday, July 13, 2005 8:42 AM To: mvcac(a)cheat.org Subject: [MVCAC] Fwd: Longview story Washington (PA) Observer Reporter article on Longview.....below.

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"Do NOT wait to be active"....
by Duane330＠aol.com 06 Aug '05

06 Aug '05

Woops. My last email omitted the word NOT. So, the full sentence is: "Do NOT wait to be active"......... so consider the following........ INFORMAL MEETING--AUGUST 9TH. We will have a general and informal discussion of MVCAC activities on Tuesday, August 9th, at the Unitarian Fellowship building, 429 Warrick Drive, Morgantown, at 7 pm. This is an opportunity for those who have not been active, or who may have questions, or who simply want to discuss current activities and future plans, to come out and join in. The Unitarian Fellowship building is visible from University Avenue, on the upper side of the road (on the right going north), between main campus and the Law School. It is the shape of the letter A, otherwise known as an "A-frame" building. [Some consider it a "church", others do not.] Duane Nichols 599-8040

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.. the answer is blowing in the wind ...
by Duane330＠aol.com 02 Aug '05

02 Aug '05

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01 Aug '05

I have attached the sign up sheets to write a letter to the editor and to attend city council meetings. Thanks to you who have already made and completed the commitment. There are still some slots available for both sheets. Please, look them over and sign up for any space you can fill. When you decide which space you would like to claim, email me and I will tag it as yours. Thank you, Sandy SCress(a)verizon.net

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MVCAC August 2005