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China's worsening air pollution has exacted a significant economic toll, grounding flights, closing highways and keeping tourists at home. Photograph from STR/AFP/Getty Images

China’s worsening air pollution has exacted a significant economic toll, grounding flights, closing highways and keeping tourists at home. Photograph from STR/AFP/Getty Images

Back in November 2014, America and China joined hands to fight global climate change, including a plan to decrease China’s greenhouse gas emissions by 2020. Although there has been a lot of doubt about their plan, China has shown results. According to the China Coal Industry Association, China’s coal production decreased by 2.5% last year, marking the first reduction that the country has seen in years.

As the world’s primary emitter of greenhouse gases, the Republic of China’s decision to create new environmental policies allows China to be a global example in leading the way to reduce CO2 emissions. The global negotiations are also receiving praise because of their economic benefits. The solar power market has seen increases since November, further strengthening industrial market growth and enhancing public health.

However, a recent measure of Beijing’s Air Quality Index brings concerns about the toxic air the Chinese are breathing. Despite the country’s efforts to fight pollution, the consequences of being the world’s number one consumer of coal has caused Beijing to experience another airpocalypse just a few weeks ago. The city reached smog-levels that were, literally, off the charts.

A recent Greenpeace study stated that most cities in China are “failing to meet China’s own national standards”, regardless of the country’s initiatives to combat pollution. Additionally, a Peking University and Greenpeace study shows that more than 200 thousand Chinese could die from pollution-related diseases if there is no further caution taken by the Chinese government. The recent “airpocalypse” further raised the concerns of the Chinese government, who are more driven to push the country to continue its initiatives to combat climate change.

The city’s Air Quality Index of over 600 and new Greenpeace studies should stand to be an example to the rest of the world. The high levels of coal consumption, power plants, and fracking that China has experienced in less than a decade has proved to be dangerous. Although the country is taking action now, the effects evidently will linger for a long time. As the United States continues its high consumption of coal, building of power plants, and fracking, it is important to look at China as an example and as a reminder that we need to start taking action before it is too late.

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The chief toxicologist of the Texas Commission on Environmental Quality (TCEQ), Michael Honeycutt, is leading the charge against the Environmental Protection Agency’s (EPA) expected future regulations on smog, also known as ozone. The EPA is expected to lower the acceptable ozone standard from 75 parts per billion to 60 parts per billion by December 1st.

Parish Coal Plant - Photo credit - Nathan  Woodruff

Parish Coal Plant – Photo by Nathan Woodruff

The Clean Air Scientific Advisory Committee (CASAC) Ozone Review Panel consisting of doctors and scientists has unanimously advised the EPA that ozone levels are too high and need to be lowered. Their research shows that ozone is responsible for a variety of health effects: “lung function decrements, pulmonary inflammation, respiratory symptoms, respiratory morbidity and respiratory mortality”.  According to the EPA, ozone concentrations aggravate diseases such as asthma, emphysema, chronic bronchitis, and heart disease; ozone is also associated with higher mortality rates, especially in older adults.  However, Republicans in Congress and Texas are acting to protect American jobs and job-creators against the EPA’s “agenda”.

Michael Honeycutt, Texas Commission on Environmental Quality (TCEQ) Chief Toxicologist

Michael Honeycutt, Chief Toxicologist at the TCEQ

In an article arguing against proposed new ozone standards David Honeycutt writes, “after an in-depth review of the EPA’s analysis, as well as a thorough study of the relevant scientific literature, the TCEQ has concluded that there will be little to no public health benefit from lowering the current standard”. Honeycutt explains that because ozone is an outdoor air pollutant and “since most people spend more than 90 percent of their time indoors”, then they are rarely exposed to significant levels of ozone. He claims that “Environmental regulations should be based on sound science. If they are not, then it opens the door for regulations that are based on politics”.

Major Texas cities such as Houston, San Antonio, and Dallas, home to over four and a half million people combined, already have ozone levels above permitted levels. According to the American Lung Association, Houston is 7th in the country for highest ozone levels and Dallas ranks 8th. If the EPA lowers the acceptable ozone standard to 60 parts per billion as proposed, then the cities of Austin and El Paso, with a combined million and a half residents, will also fail to meet federal standards. But the debate concerns more than just federal regulations. Though many Texas cities fail to comply with the current ozone standard, most scientists still think it is too lenient and the public’s health remains at risk at these levels.

That is of course, with the exception of scientists like David Honeycutt of the TCEQ who argues that stricter ozone regulations will provide no substantial health benefits. As he explained, Texans needn’t worry about ozone if we just stay inside.

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Big Brown coal plant in Texas

Big Brown coal plant in Texas is one of the largest CO2 emitters

Yesterday, EPA administrator Gina McCarthy announced stage two of President Obama’s Climate Action Plan, the Clean Power Plan, which is designed to reduce power plant greenhouse gas pollution and increase energy efficiency. The plan is to create a flexible environment for each state by allowing cooperation between multiple states along with individual state plans to comply with the Clean Power Plan guidelines. The proposal aims to encourage states, companies and private individuals to get involved in the reduction of greenhouse gasses that come from domestic power plants that burn fossil fuels, especially coal. Its flexibility and benefits are what’s going to drive this environmental plan to its final goal.

The plan requires that states have their proposals submitted by June of 2016 and started by 2020, with the goal of reducing carbon emissions 30% below 2005 levels by 2030. In addition to reducing our impact on climate change, the plan is projected have many other benefits as well.  It is projected to cut electric bills by 8%, cut particle pollution, nitrogen oxides, and sulfur dioxide by more than 25%, and have tremendous health benefits. This regulation has the potential to prevent 6,600 premature deaths and hundreds of thousands of asthma attacks in children who are all exposed to the toxins coal plants emit into the environment. According to the EPA, a projected increase of 104,000 jobs will be created in power production, fuel extraction and the demand side energy sector, and up to $93 billion in climate and public health benefits could be made by making the changes this plan guides us to do.

Texas is home to 18 coal plants

Texas is home to 18 coal plants

Coal plants alone count for one third of all greenhouse gas emissions in the US, with Texas being the largest producer from its 18 coal fired power plants located mostly in east Texas. Currently, there is no restriction on carbon pollution from existing power plants and a steady increase of carbon dioxide atmospheric concentration has gone from 387 parts per million in 2009, to a record 401 parts per million as of April 2014 which, according to ice core records, hasn’t been reached in over 800,000 years. With over 40% of US power generated from coal plants, adjustment of environmental regulations has been needed for a long while.

The goals of the Clean Power Plan are outlined with specific requirements of greenhouse gas emissions that will serve as another step forward towards low-carbon technologies and a cleaner planet. The Clean Power Plan will require a change in each state for the better of the environment, fueling new technologies and businesses that support low carbon economy. By requiring action from the states, the plan will hopefully encourage action from the citizens as well.

In addition to making changes here in the United States, the plan is also hoped to spur greater international action to address climate change. The announcement that the worlds largest carbon emitter, China, will place a cap on carbon emissions in 2016, seems to indicate that the strategy might already be working.

This announcement isn’t the end of the process.  EPA is now collecting feedback from the public on this proposal.  You can help ensure that this proposed regulation to address the urgent problem of climate change is adopted and put into action as quickly as possible by letting EPA know that you support limited carbon pollution from power plants.

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A coal plant outside of Buffalo, NY was issued one of the largest fines ever imposed criminally on a company for violating the Clean Air Act.

sign for Tonawanda Coke PlantOn Wednesday, March 19th, Tonawanda Coke Corp. was fined $12.5 million for knowingly and illegally releasing hundreds of tons of the carcinogen benzene into the air for five years and improperly conducting hazardous sludge on the ground. The company will also pay for two separate environmental studies with a price tag of $12.2 million. These two 10-year studies will look at emissions and examine soil samples.

On top of that, the Tonawanda Coke Corp. environmental controls manager faces a year and a day in jail, 100 hours of community service and a $20,000 fine. He was also found guilty of obstruction of justice for covering up the pollution during plant inspections by regulators.

Community Outrage

2013 community meeting on the problems the citizens of Tonawanda are dealing with

2013 community meeting on the problems the citizens of Tonawanda are dealing with.

Residents have complained about the black soot from the coal plant for a decade and many are worried about the health implications to the community.

In 2005, local residents concerned for their health joined together to form the Clean Air Coalition. They began sampling air quality by using buckets and plastic bags. They also petitioned state and federal agencies to investigate the plants operations. After finding elevated levels of benzene in the community, federal agencies raided the plant in 2009 when levels were 75 times higher than state and federal law permit.

A three-year health study completed last year by the State Health Department and Department of Environmental Conservation found elevated rates of lung and bladder cancers in men and women, and elevated esophageal cancer in men and uterine cancer in women.

Jackie James-Creedon, of Citizen Science Community Resources, said she was very pleased that the plant will fund a soil testing project she has been working on for years. - Photo by Don Heupel

Jackie James-Creedon, of Citizen Science Community Resources, said she was very pleased that the plant will fund a soil testing project she has been working on for years.
Photo by Don Heupel

“Back in 2005, we just wanted a clean environment for us to live. We wanted our air to be cleaner. We wanted to know why everyone was sick. We had no clue they were breaking the law,” Jackie James-Creedon said. James-Creedon is a resident fighting this case, suffers from fibromyalgia and is a resident that submitted one of the 10-year studies.
Repeat Offenders

This is not the first time Tonawanda Coke Corp. has been in the hot seat for environmental violations. Last March the company was found guilty of 11 violations of the Clean Air Act and three counts of violating the Resource Conservation and Recovery Act.
(more…)

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2014 Coal Ash River - Photo By Waterkeeper Alliance Inc

Site of Duke Energy Coal Ash Spill
Photo b Waterkeeper Alliance

A federal grand jury and North Carolina regulators are investigating Duke Energy, the nation’s largst electric power holding company, as part of a widening criminal investigation initiated by a massive coal ash spill that coated 70 miles of the Dan River with toxic sludge back in February.

The Dan River spill was the third largest coal ash spill in the nation’s history – an estimated 39,000 tons of coal ash were released. Since the Dan River spill the company has been cited for eight more violations.

Controversy Continues

The North Carolina Department of Environment and Natural Resouces (DENR) says Duke Energy illegally pumped 61 million gallons of contaminated water over six months from two coal ash pits at its’ Cape Fear plant in Moncure, N.C., and into a tributary of the Cape Fear River

2014 Pumping from a Duke Energy Waste Pond to a Nearby Stream - Photo by Rick Dove, Waterkeeper Alliance

Pumping from a Duke Energy
Waste Pond to a Nearby Stream
Photo by Rick Dove, Waterkeeper Alliance

A couple of weeks ago Waterkeeper Alliance took aerial photographs showing that Duke Energy has been pumping coal ash into a tributary of the Cape Fear River, a local drinking souce. The state is now testing water in the river to check for contaminants. There are several towns and cities downstream of the most recent spill, but none of them have reported any problems with their drinking water so far.

Duke has unlined coal ash pits at 14 power plants in North Carolina, and all of these were cited last year for polluting groundwater.

Coal ash is a byproduct of burning coal and it is highly toxic to humans and wildlife. Coal ash contains arsenic, lead, mercury and more than a dozen other heavy metals. Studies from the EPA have found that people living within one mile of unlined coal ash ponds can have a 1 in 50 risk of cancer.

NC Pulls Deal with Duke

North Carolina regulators have withdrawn a coal ash violations settlement the would have allowed Duke Energy to resolve environmental violations by paying a $99,000 fine with no requirement to clean up its pollution.

2014-02-05 Signs of coal ash swirl in the water in the Dan River in Danville Va - Photo by Gerry Broome, AP)

On Feb, 5, 2014, signs of coal ash swirl in
the water inthe Dan River in Danville, VA.
Photo by Gerry Broome, AP

State regulators now say that they will partner with the U.S. Environmental Protection Agency (EPA) to pursue joint investigation and enforcement against Duke Energy for Clean Water Act violations related to the Dan River spill and new concerns about the illegal dumping of coal ash at another of the company’s facilities.

Duke Energy has a clear record of complete disregard for pollution and environmental laws. Unfortunately, Duke has so much clout in the North Carolina legislature that it will be difficult for regulators to punish Duke with penalties that match the crime.

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2014-03-17 EUC and RMC Hearing on Austin Energy Resource, Generation and Climate Protection PlanAustin Energy customers turned out in force to support renewable energy last night.  Over 100 people packed the Shudde Fath Conference room at Austin Energy headquarters for a joint hearing in front of the Electric Utility and Resource Management commissions.  Not prepared for the enthusiastic turnout, Austin Energy staff provided additional chairs, but many attendees were left with standing room only.

Over 50 people signed up to speak at the hearing, which extended well past the scheduled ending time of 8:00 pm to about 9:30 pm, forcing some to leave before they had a chance to voice their concerns.

Citizens expressed passionate concern about climate change, water availability, water contamination, air quality, health, job creation and equity.  The common theme was overwhelming support for a rapid transition away from polluting fossil fuels to clean energy resources, including wind, solar, energy efficiency and energy storage.

Climate change was brought front and center as an issue that cannot be ignored and which demands immediate action.  The commissions heard from numerous citizens that Austin will be judged by future generations based on what we do to mitigate our impact on the climate.

One point of contention between Austin Energy and advocates has been whether or not goals, including the carbon reduction and renewable energy goals, will be expanded as part of this update of the Austin Energy Resource, Generation and Climate Protection Plan.  Austin Energy’s current goals were set as a starting point, but they aren’t nearly strong enough to protect our climate.  Last night, with climate change already impacting our communities, Austin Energy ratepayers spoke clearly in favor of substantially expanding those goals.

With the ongoing drought still weighing on many minds, the connection between water and energy was repeatedly brought up throughout the evening.  Citizens talked about water used in generating electricity at the Fayette coal plan and the billions of gallons used in Texas fracking jobs each year.

Austin Energy’s recent announcement of the 100-150 megawatt solar deal up for City Council approval this week added to the enthusiasm about renewable energy.  That project will provide Austin Energy with energy at around 5 cents per kilowatt-hour and is projected to slightly reduce customer bills.  Many ratepayers made the point that since wind and solar are already affordable, Austin Energy should support calls for increasing its renewable energy goals and should continue purchasing more wind and solar.

Click here if you want to watch the archived video recording of the meeting.

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Environmental advocacy group members of the Clean Gulf Commerce Coalition (CGCC) filed suit against the United Bulk coal export terminal in Davant for violating the federal Clean Water Act.

Coal Export Terminal Pollution on the MississippiThe terminal, owned by United Bulk Terminals Davant LLC, has operated for more than four decades, shipping millions of tons of coal and petcoke – an oil-refining byproduct with high levels of arsenic, mercury and other toxins hazardous to human health and aquatic life – every year to overseas markets.  But before they are shipped, that coal and petcoke sits in huge, open piles along the river, and blows right into the river and the wetlands when there is rain or wind.

Officially, the Gulf Restoration Network (GRN), Louisiana Environmental Action Network (LEAN) and Sierra Club are the parties that filed the suit in New Orleans’ U.S. District Court for the Eastern District of Louisiana. The groups, represented by Tulane University’s Environmental Law Clinic, are members of the Clean Gulf Commerce Coalition (CGCC), which is working to clean-up existing coal terminals in the Gulf Coast region, stop any new coal export terminals, and promote cleaner, safer industries and jobs.

The suit contends that United Bulk has illegally discharged coal and petcoke into the river every day that it has operated for at least five years. It points out that coal and petcoke have been discharged into the river in enough quantities to produce visible spills on a regular basis. The suit also cites the EPA’s determination that storm water runoff from coal piles “can flush heavy metals from the coal, such as arsenic and lead, into nearby bodies of water.”

The international market for U.S. coal has also grown increasingly volatile. Port authorities on the West Coast and in Corpus Christi, Texas have concluded that the coal export market is simply too risky to invest significant sums in new or expanded shipping facilities.

For more information, check out The Clean Gulf Commerce Coalition’s website.

 

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Updating the the Austin Energy Resource, Generation and Climate Protection Plan to 2020 to become the Austin Energy Resource, Generation and Climate Protection Plan to 2024 probably doesn’t sound super exciting, but there’s almost certainly some aspect of the choices that will soon be made on your behalf that you care about.

IMG_48691. Climate Change: I’m not going to try to convince anyone reading this that our planet’s climate is changing and that humans are largely responsible for that change.  Nor am I going to try to convince you that those changes are going to be largely detrimental to human prosperity.  But if you already recognize those two basic truths, then you will definitely want to listen up.  Austin Energy is proposing to not only run Austin’s portion of the Fayette coal plant until 2025, but also to dramatically increase its use of natural gas by adding a new 800 megawatt gas plant to its energy portfolio.  That’s bigger than Austin’s portion of Fayette.  And although natural gas emits less carbon dioxide per kilowatt hour of energy production than burning coal, once the substantial impact of the roughly 3% of gas that leaks into the atmosphere during extraction, processing and transportation is accounted for, natural gas is almost as harmful to the climate as coal.  That’s because the primary component of natural gas, methane, is 87 times more powerful of a greenhouse gas than carbon dioxide over 20 years.  Although many people focus on the 100 year time frame when talking about climate change, we can’t afford to ignore our more immediate future.  Central Texas has already experienced its share of climate impacts over the past few years in the form of drought, wildfires and floods.  We must stop those impacts from worsening at a greater rate than they already will be.  Natural gas isn’t going to save us.  Even without the massive problem of leaking methane, burning gas instead of coal only decreases our climate impact by about half, so it’s not a long term solution anyway – the best it could have been was a stopgap.  Instead of investing in infrastructure that won’t get us where we need to be, we can make better decisions now.

Attend one of Austin Energy’s stakeholder meetings this week and ask the staff to consider the full climate impacts of energy sources.

2. Jobs: Developing renewable energy sources creates 3 times as many jobs as developing fossil fuel energy sources per dollar invested.  Whereas a large chunk of the cost connected to a coal plan or a gas plant is for the coal and gas, the wind and sun are free.  So, instead of paying for the privilege of burning a limited resource, we can pay people to harness the energy from free and unlimited resources.

Across the U.S., solar energy jobs grew 20% from 2012 to 2013, compared to average job growth across all industries of 1.9%.  A large percentage of that growth was in Texas, but Texas still ranks 44th in solar jobs per capita.  Increasing Austin Energy’s solar goal will bring more jobs to Texas, but it’s increasing the local solar goal that will have the most impact on local job creation.  The Austin Local Solar Advisory Commission unanimously recommended that Austin Energy’s solar goal for 2020 be increased from 200 megawatts (MW) to 400 MW.  It also recommended that at least half of that solar development be local and at least half of that local solar be customer controlled (that’s what you see on residential and business rooftops and yards).  According to the LSAC’s calculations done using the National Renewable Energy Laboratory (NREL) Jobs and Economic Development Impact (JEDI) model, the $60 million it would take to develop that amount of local solar would bring the Austin area a net of $300 million in local economic benefits – wages, taxes, etc.  If Austin Energy adopts policies to give preference to local companies who hire local workers, our community can benefit even more.  On the other hand, we are currently sending $80 million to Montana each year for the coal we burn in the Fayette coal plant.

Tell Austin Energy that you support growing local jobs by increasing our solar goals, including the local and customer owned solar goals.

3. Water: If you live in central Texas, I don’t need to tell you that water is a huge issue – in fact it’s just a big issue for Texas that the Legislature, with voter approval appropriated $2 billion dollars to fund water projects, with 20% of those funds to be used on water conservation efforts.  We can’t make it rain more, so we are going to have to make some choices about what we want to use water for.  The Fayette coal plant, which Austin Energy owns one third of, needs about 5 billion gallons of water per year to operate.  And lest you start thinking natural gas plants are the answer, know that over 39 billion gallons of water was used in fracking jobs in Texas between January 2011 and May 2013.  Producers in the Eagle Ford Shale play are especially wasteful, using an average of 4.4 million gallons of water per well.  That’s water that can’t be used for domestic, commercial, industrial, agricultural, or ecosystem uses.

Tell Austin Energy to focus investment on drought proof energy sources like wind and solar.

4. Health: Air pollution from burning coal and extracting natural gas are taking a real toll on human health in Texas.  The Fayette coal plant is responsible for over $55.5 million in health impacts from air pollution.  Those impacts include asthma attacks, chronic bronchitis, heart attacks and the associated hospital visits and deaths.  Even so, Austin Energy has proposed running its portion of Fayette until 2025.

Lack of regulation over the natural gas industry, which has operations strewn across vast areas has resulted in a tragic disregard for human well being.  If you haven’t already, read this excellent piece of investigative journalism about how your fellow Texans are being assaulted with toxic chemicals in the Eagle Ford Shale area.  Instead of building a large new gas plant to drive up demand for dangerous fracking, Austin Energy should focus on growing its renewable energy portofolio with more wind and solar and perhaps some geothermal energy.

Air pollution is much more than an environmental issue – it’s a public health issue.  That’s why you find medical professionals and health advocates supporting a transition to clean energy.

Sign up for one of Austin Energy’s stakeholder meetings and ask them to give up their plans for a giant new gas plant and to examine more options for retiring the Fayette coal plant in an affordable way.

5. Affordable Energy: Wind and solar energy are competitive with coal and natural gas already.  Meanwhile, electricity from coal plants is going to get more expensive because of various regulations to limit pollution.  Natural gas prices are low now, but have fluctuated greatly over time, making a big bet on natural gas risky.  When natural gas prices go up, Austin Energy raises our fuel charge to recover those costs.  Since affordable wind and solar are available now and can assure us a predictable price for 10-20 years, why would we not make those energy sources our priority?  Austin Energy has done a great job getting good wind contracts to keep customer rates low and is set to achieve its 35% renewable energy goal 4 years early in 2016.

Tell Austin Energy to keep up its momentum by expanding the renewable energy goal to 50% for 2020 and 60% by 2024.

Take Action:

Austin Energy is holding 3 stakeholder meetings to gather public input on the Austin Energy Resource, Generation and Climate Protection Plan update to 2024.

  • Tuesday, February 25: 10 am – 12 pm (noon)
  • Tuesday, February 25: 6 pm – 8 pm
  • Thursday, February 27: 1 pm – 3 pm

This is your chance to help determine how the money you pay for your electric bills is invested by our publicly owned utility.

Please sign up to attend one of the meetings.

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Duke Energy said on Monday afternoon that between 50,000 to 82,000 tons of coal ash and up to 27 million gallons of water were released from a pond at its retired coal fired power plant in Eden, NC, and spilled into the Dan River.

2014-02-04 Re-enforcing and patching the berm to the ash basin at the Duke Energy Dan River Steam Station in Eden, N.C.Joseph Rodriquez - News & Record

Re-enforcing and patching the berm to the ash basin at the Duke Energy Dan River Steam Station in Eden, N.C.
Photo by Joseph Rodriquez, News & Record

Duke said a 48-inch stormwater pipe beneath the unlined 27-acre ash pond broke Sunday afternoon, and tens of thousands of tons of coal ash and water drained into the pipe before spilling into the Dan River. Duke Energy says that the dam along the river remains secure and has not been affected.

Duke did not issue a press release to inform the public until Monday afternoon, more than 24 hours after the spill occurred.  Duke said it notified local emergency managers and the N.C. Department of Environment and Natural Resources on Sunday afternoon. Duke says the leak has been temporarily stopped and they are working on a permanent solution. Duke has 14 coal fired power plants in the state, seven of which have been retired.

The closest community downstream from the spill is Danville, VA, which takes its water from the Dan River only six miles from the pond. Officials are saying that water samples confirm that the water leaving the city’s treatment facility meets public health standards.

“All water leaving our treatment facility has met public health standards,” said Barry Dunkley, division director of water and wastewater treatment for Danville Utilities. “We do not anticipate any problems going forward in treating the water we draw from the Dan River.”

Coal ash, the toxic waste material left after coal is burned, contains arsenic, mercury, lead, and more than a dozen other heavy metals. Studies from the EPA have found that people living within one mile of unlined coal ash ponds can have a 1 in 50 risk of cancer.

This coal ash spill is the third-largest in U.S. history. In 2008, more than a billion gallons of coal ash slurry spilled at the Tennessee Valley Authority’s Kingston coal plant in Tennessee.

The Dan River coal ash spill is the latest in a string of industrial accidents that have jeopardized the environment and health of citizens downstream.

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Between legislative sessions, the Texas Lieutenant Governor and Speaker of the House of Representatives appoint Interim Committees to study important issues that help guide the Texas Legislature’s decisions in the future. These interim committees hold hearings and take public testimony. Their findings will affect actions taken during the next regular session.  Public Citizen will be closely following several interim charges during the coming year.  After each charge, we have included a brief explanation about why we consider these important charges about which you should be concerned.  The interim charges include, but are not limited to:

House Committee on Environmental Regulation Interim Charges
# 1.  Study the environmental permitting processes at the Texas Commission on Environmental Quality (TCEQ), specifically the contested case hearing process at the State Office of Administrative Hearings (SOAH) and the timelines associated with the process. Study the economic impact that the state’s permitting processes have on Texas manufacturing sectors and how neighboring states’ and the federal permitting processes and timelines compare to those in Texas.
(Why are contested case hearings important for Texas citizens?  This is the only opportunity that neighbors of proposed facilities have to contest an air or water quality permit before a license is approved.  Once approved, any contentions must go through the Texas court system, which can cost a citizen or group of citizens thousands of dollars to litigate and the likelihood of getting a license revoked is extremely minimal.  You will note that the only concerns voice about this process has to do with economic impact and the impact on industry – NOT on how it would impact you and your family if you ended up with a facility next door that had to be permitted because it impacts on air and water quality.) 
# 2.  Study the rules, laws, and regulations pertaining to the disposal of high-level radioactive waste in Texas and determine the potential economic impact of permitting a facility in Texas. Make specific recommendations on the state and federal actions necessary to permit a high-level radioactive waste disposal or interim storage facility in Texas
(Can you say Yucca Mountain?  Yucca Mountain, a ridge of volcanic rock about 100 miles northwest of Las Vegas, has been the leading candidate site for a high-level radioactive repository since the 1980s, but Nevada has fought the project bitterly in court and in Congress. The spent fuel that emerges from nuclear power plants has been accumulating for decades in steel-lined pools or giant steel-and-concrete casks near the reactors.  A final decision to abandon the repository would leave the nation with no solution to a problem it has struggled with for half a century, but some in Texas seem determined to take on the task of making west Texas the new home for this nuclear waste.  While you may not be concerned about all that radioactivity sitting on land near Big Spring, TX, halfway between Midland and Sweetwater, you may want to consider the impact of all that waste being transported across the state on our highways, possibly through your neighborhood.  We will be following this charge and will post when we know about hearings.)

Consider this story that broke as I was writing this post. The Waste Isolation Pilot Plant (WIPP), an underground radioactive waste disposal site that began operations in 1999 and is the nation’s first repository for the permanent disposal of defense-generated transuranic radioactive waste left from research and production of nuclear weapons, was evacuated this morning when an underground salt truck used to haul mining debris caught fire.  Two WIPP rescue teams were activated and an unconfirmed number of WIPP employees were transported to a hospital for potential smoke inhalation. Operations at WIPP have been suspended until further notice.  According to WIPP, none of the nuclear waste was disrupted during the incident, but emergency crews were still battling the fire at this writing.

House Committee on State Affairs Interim Charge

# 3. Study the different financial assurance options used by state agencies to ensure compliance with environmental clean-up or remediation costs. Determine whether the methods utilized by state agencies are appropriate to ensure sufficient funds will be available when called upon.
(An example of how this can affect you – Currently, mines associated with a coal-fired plant can disposed of toxic coal ash waste from the burning of that coal in the depleted mines – click here to read more about coal ash waste .  Federal law requires those facility to post a bond for cleanup and remediation of the land where coal ash waste is disposed of.  In Texas, we allow a financially solvent company to pledge existing assets against future reclamation claims related to mine operations and seem to have no recourse to require changes if the company no longer meets financial health benchmarks. This is a practice that leaves Texas tax payers at risk of having to bail failing companies out from this obligation if those companies are unable to meet it.)

Click here to see all the Texas House Interim Charges.  We will keep you updated as hearings for these charges are announced.  Your input can have significant impact on what our legislature does regarding these issues.

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During Tuesday’s State of the Union address, President Obama pledged to have it both ways on climate change and energy – taking action on climate change while touting an “all of the above” energy strategy.

Obama SOTU - credit Larry Downing,AP

President Barack Obama delivers the State of Union address before a joint session of Congress in the House chamber Tuesday, Jan. 28, 2014.
Larry Downing/AP

On the one hand, President Obama renewed his commitment to reducing carbon emissions and battling climate change. But on the other hand, he pushed for the expansion of domestic fossil fuel extraction and pledged his support for natural gas as part of his “all of the above” energy plan. He said, “The ‘all the above’ energy strategy I announced a few years ago is working, and today America is closer to energy independence than we have been in decades.”

The president threw his weight behind natural gas, saying, “If extracted safely, it’s the bridge fuel that can power our economy with less of the carbon pollution that causes climate change.” He promised to “cut red tape” to spur the construction of natural gas fired factories and fueling stations for cars and trucks.

Even though natural gas emits half as much carbon dioxide as coal when combusted, the primary component, methane, is also released into the atmosphere during production. Methane is a potent greenhouse gas and traps significantly more heat in the short term than carbon dioxide. New reports are concluding that fugitive methane emissions from extraction, processing and transportation could be much worse than previously thought. An article from OilPrice.com says, “If the latest figures are accurate, it could mean that the greenhouse gas advantage that natural gas has over coal could be a mirage.”

The president also gave a shout-out to solar energy, saying, “It’s not just oil and natural gas production that’s booming; we’re becoming a global leader in solar, too.” “The shift to a cleaner energy economy won’t happen overnight, and it will require tough choices along the way,” said Obama. “But the debate is settled. Climate change is a fact. And when our children’s children look us in the eye and ask if we did all we could to leave them a safer, more stable world, with new sources of energy, I want us to be able to say yes, we did.”

Although the president has made tremendous strides to address climate change, his administration is still encouraging the extraction of coal, oil and natural gas from our public lands and water. (Click here to see a report from the EIA: Sales of fossil fuels from Federal and Indian Lands) Fossil fuel industries are also looking to expand coal and liquid natural gas (LNG) export terminals. All of this on top of recent proposals to end a 40 year ban on crude exports extracted in America.

Sometime this year the proposed Keystone XL pipeline will come across the president’s desk. If approved, the Keystone XL pipeline will provide tar sands producers in Canada a supply line to refineries on the Texas Gulf Coast and an export strategy. Although the president made no mention of the pipeline in his speech, he will have to make a decision on the project later this year. He has said his decision will be based on whether or not the Keystone XL pipeline “significantly exacerbates” carbon pollution and is in the national interest. On Friday, the State Department released its environmental assessment that says the Keystone XL pipeline would cause minimal climate impact because the tar sands would get to market some other way without the Keystone XL pipeline – a strikingly fatalist position.

Both sides of the president showed up on Tuesday to address the nation. His “all of the above” energy side showed up to cheerlead the fossil fuel industry, while at the same time tossing a bone to environmentalists, pulling from his Georgetown Speech he made last summer. President Obama’s climate legacy still has yet to be shaped, and if wants be viewed by future generations as the president that made a firm commitment to fighting climate change, then he needs to quit talking out of both sides of his mouth.
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NBC news reports a spike in air pollution readings over 20 times the recommended exposure levels suggested by the World Health Organization (WHO) in Beijing on Thursday, cloaking China’s capitol in a thick, gray haze .  Click here to read the NBC story.

The resultant air warning was just the first of 2014. In January 2013, China suffered through a week of sustained poor air quality that finally forced China’s ruling Communist Party to acknowledge and address serious environmental issues, including the country’s extensive use of coal-fired power plants..

As the United States reduces its use of coal to power electric plants, the coal industry has been looking to increase exports to countries like China and India.  However the environmental and health impacts as well as the economic realities of propping up this industry paint a bleak future for this centuries old fuel source.

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The chemical spill into West Virginia’s Elk River, which left more than 300,000 people without water for over five days (many are still without water), comes in a state with a long history of lax regulatory standards over the coal and chemical industries that form a major part of its economy. The chemical spill is yet another example of how lax regulations are setting the stage for disasters, and the concerns are being felt all the way in Texas.

Photo Credit: www.flickr.com/photos/iwasaround

The chemical at the center of this disaster is 4-methylcyclohexane methanol, also known as MCHM, and it is used to wash coal. About 7,500 gallons of the chemical leaked from a storage tank, owned by Freedom Industries, and into the Elk River. The leak happened about one mile upstream from the West Virginia American water plant, which supplies drinking water to the local population. State officials are urging citizens to use bottled water for drinking, washing and cooking. Authorities say that at least ten people have been admitted into three hospitals, and 169 patients have been released from emergency rooms. Although MCHM is considered toxic, it is not lethal to humans. The effects on humans range from skin irritation, nausea, vomiting or wheezing.

West Virginia Governor Earl Ray Tomblin declared a state of emergency for nine counties, including the state capital of Charleston. President Obama also issued an emergency declaration. West Virginia has received water from the Federal Emergency Management Agency (FEMA) and Department of Homeland Security (DHS) for its residents. It may be days before the water is safe enough for anything other than flushing a toilet or firefighting. Authorities are waiting until the chemical level meets 1 part per million, set by the federal Center for Disease Control and Prevention, before they lift the ban.

The coal and chemical industries, which make up a large part of West Virginia’s economy, exercise great political influence in the state. They have long railed against federal safety, health and environmental standards. The West Virginia chemical spill is yet another example of what can go wrong when you have an inept polity that is influenced by big business. Texas also suffers from a similar affliction as West Virginia, except in addition to coal, we also have the petroleum and chemical industries.

Texas has had its fair share of industry related disasters. An explosion last April at the West Fertilizer Co. in West, Texas killed 15 people. In 2005, an explosion at the BP refinery in Texas City killed 15 workers and left 170 others injured.

With the West Virginia chemical spill making national headlines, let us remember that this kind of disaster is preventable. What we need is stronger safety standards and improved enforcement to make for a safer environment.

Sign our petition asking EPA to improve chemical safety and protect our communities.

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As promised, the Environmental Protection Agency (EPA) has published its proposed standards to limit toxic carbon pollution from new power plants in the Federal Register.  Today, January 8, 2013, starts the 60-day period for public comment period.  Click here to read the proposed standards.

Power plants are responsible for much of our country’s air pollution. In fact, coal- and gas-fired plants emit more than 2.3 billion metric tons of carbon emissions, approximately 40 percent of U.S. energy-related carbon pollution. These dangerous emissions make their way into our air, food, and bodies, threatening the health of our children and communities. As if that weren’t bad enough, carbon pollution is also the main contributor to climate disruption.

Strong carbon pollution protections, will help us clean up and modernize the way we power our country — a move that will make for healthier kids, families, and workers, while creating badly needed jobs, fighting climate disruption, and keeping America competitive in the global economy. Several states and foreign countries already have limits on carbon pollution from new power plants, including Oregon, Washington, California, Montana, Illinois, Maine, Australia, and the European Union. It’s time for the first-ever national standards for coal-fired plants to be set in place.

The proposed carbon pollution standards will be a powerful tool to keep our air clean, but they could be even better. Now it’s your turn to take action. The fossil fuel industry and its political allies are doing everything they can to block the EPA’s efforts, but you can push back and make your opinion count.

The official public comment period starts today and won’t last long. Make your voice heard by submitting a comment here to the EPA in support of strong standards for reducing dangerous carbon pollution. Your voice matters!

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Remember sitting at home during February 2 of 2011 as the temperatures dropped and the power kept getting turned off. As millions of Texas sat in the cold and dark Luminant, Texas largest power generator, wasn’t able to get its power plants running along with other generators.

Luminant Energy Company, LLC’s, recently was fined $750,000 as part of a settlement agreement with the Public Utility Commission of Texas stemming from the alleged failure of several Luminant power generating units on February 2, 2011 (when record low temperatures caused a spike in power demand and rolling blackouts were implemented throughout the state).

That February other generation companies saw the cold front coming and got their plants up hot and running keeping this cold snap from being an even bigger disaster than it was.

In ERCOT the state’s power grid operator generation companies are under an obligation to run their power plants and a $750,000 fine in an almost $30 billion dollar market is not much of a fine at all.

Now things are looking dark, gloomy and a bit chilly for EFH Luminants parent company. In November 2013, Energy Future Holdings (EFH) made a decision not to file for bankruptcy saying they believe the company can reach a deal with creditors next spring to avoid a contentious court fight. But with a looming balloon debt payment of $3.8 billion next fall, and a subsidiary of EFH, things are stacking up against the beleaguered Dallas based company.

Electric Reliability Council of Texas (ERCOT) member and Sierra Club Conservation Director, Cyrus Reed weighed in on this development in a statement, saying, “Hopefully, this rather modest fine will send a message to Luminant and other coal and gas generators that when they are paid money by ERCOT to be available in times of emergency — such as the freeze of February 2011 — they must be available. This means utility companies like Luminant must properly maintain their generating units so that breakdowns and emergencies don’t take place when people need electricity the most, such as times of extreme temperatures.”

David Power, Deputy Director of the Texas office of Public Citizen and also an ERCOT member said, “As ERCOT and the PUC consider further changes to ancillary services and potentially to the wholesale energy market, they must make sure that those paid for performance can realistically perform, or face stiff penalties. Texas doesn’t need new, expensive power plants to meet our needs and power our economy, but we do need responsible utilities following the letter of the law and taking responsibility for its assets. What did perform well in both in February and August 2011 was demand response, a method of reducing electricity demand, by large and small industrial and commercial entities.  As Texas considers changes to our market we should prioritize resources like demand response that we can depend on.”

For it’s part, a representative of Luminant said in an email to FierceEnergy that “with this settlement, Luminant resolves all alleged violations of ERCOT protocols and PUC rules from the cold weather event in 2011.The agreement represents an amicable settlement of disputed issues in which Luminant admits no violations.”The email continues, “The severe unprecedented cold in February, 2011 was a trying yet learning experience for ERCOT, the PUC, state lawmakers, electric generators and transmission and distribution companies. Some 225 generation resources in ERCOT, more than 40 percent of the total generation, experienced a trip, failed start or derate. Since 2011, Luminant has joined other generators, electric transmission firms and state agencies to take measures to better prepare for future extreme weather.”

But trouble just seems to keep cropping up:

A prior and unrelated Department of Justice Clean Air Act complaint that was recently unsealed alleged that Luminant made major modifications to Units 1, 2, and 3 at their Martin Lake coal plant in 2005, 2006, 2007, 2008, and 2009 and continues to operate the plant without installing pollution controls for sulfur dioxide and nitrogen oxides. The complaint also alleges that Luminant has improperly withheld information from the government requested by EPA under Section 114(a) of the Clean Air Act.

According to the claims, Luminant made “major modifications” at its Big Brown and Martin Lake coal plants that increased sulfur dioxide and nitrogen oxide emissions without updating air pollution permits or installing pollution safeguards. The Clean Air Act requires plants to obtain permits and install modern pollution controls before making modifications that will increase emissions.

In regard to the DOJ lawsuit, Luminant made this statement via email to FierceEnergy: “There’s no change in our position.  We firmly believe that we have complied with all requirements of the Clean Air Act for the Big Brown and Martin Lake Power Plants and our other generation facilities and look forward to proving this in court.”

The company contends that the complaint has not been unsealed, but appears to be playing a game of semantics, saying, “The DOJ simply filed a version of its complaint with information that we agree can be public.”

This prime example of Texas business just leaves us out in the cold.

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