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Archive for the ‘Coal Plants’ Category

Justice Roberts Rejects Request to Stay Mercury & Air Toxics Rule

Posted in Air Quality, Coal Plants, Global Warming, tagged on March 3, 2016 |

Today, Supreme Court Chief Justice John Roberts rejected a plea to stay or enjoin further operation of the Mercury and Air Toxics rule.  This is a big victory for the Obama administration, the EPA and environmentalists.

Roberts’s order came despite his court’s 5-4 decision last year ruling that the Environmental Protection Agency’s (EPA) regulation, known as the Mercury and Air Toxics Standards, is illegal, and he acted swiftly, waiting less than a day after the EPA’s response brief to side with the Obama administration. Furthermore, Roberts acted unilaterally, electing to reject the request himself rather than take it to the full court, which may have led to a 4-4 split following Justice Antonin Scalia’s death.

The mercury pollution standards, made final in 2012, are a separate regulation from the more controversial and costly carbon dioxide limits for power plants that are also being litigated in court.

The Supreme Court put an unprecedented halt to the carbon rule, known as the Clean Power Plan, last month by a 5-4 vote, when Roberts chose to let the full court vote on the matter. Thursday’s action by Roberts is completely separate from that case and the EPA says it plans to finalize a fix to the rule to retroactively apply its cost-benefit analysis in the way the Supreme Court said was necessary by next month which should move the rule forward toward protecting public health.

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Historic Affordable Clean Energy Plan Adopted in Austin

Posted in Air Quality, Austin Energy, Climate Change, Coal Plants, Efficiency, Energy, Global Warming, Renewables, solar, tagged , , , , on August 29, 2014 |

City sets ambitious solar goal, path to zero carbon pollution from Austin Energy by 2030

Some of the Affordable Energy Resolution community supporters celebrate with Councilman Chris Riley, who was the lead sponsor of the resolution. Photo by Al Braden.

Some of the Affordable Energy Resolution community supporters celebrate with Councilman Chris Riley, who was the lead sponsor of the resolution. Photo by Al Braden.

A diverse coalition of groups representing workers, people of faith, low-income residents, clean energy supporters and environmental advocates united in their of goal of expanding affordable clean energy and protections to public health cheered the Austin City Council for adopting the Affordable Energy Resolution late Thursday evening.

The resolution comes after years of community-led work to study Austin Energy’s portfolio and generation plan, identify opportunities to strengthen the municipal utility’s clean energy and climate commitments while meeting the needs of low-income communities and after community members demonstrated strong demand for more affordable clean energy and less pollution on a reasonable but aggressive timeline.

The Affordable Energy Plan calls for Austin Energy to generate more than 60 percent of its power from renewable sources by 2025 and eliminate carbon pollution from its generator fleet by 2030. It directs the utility phase out the Decker gas-fired power plant by investing in 600 megawatts of solar power, enough to power more than 100,000 homes.

“Solar is now cheaper than building a new natural gas plant. Our analysis shows that 600 megawatts of solar will save Austin Energy between $12 and $33 million per year,” said Tom “Smitty” Smith of Public Citizen, a consumer watchdog group. “We’re grateful for the strong leadership shown by Council Members Chris Riley, Mike Martinez, Kathie Tovo, Laura Morrison and Mayor Pro Tem Sheryl Cole.”

The landmark resolution also takes significant steps to expand local solar power.  It doubles Austin’s local solar goal to 200 megawatts, with half of that goal reserved for distributed residential and commercial solar projects. And the resolution expands access to rooftop solar projects by including solar leasing as an option for residents and businesses and by refining Austin Energy’s innovative value of solar tariff.

“Local solar creates local jobs.  The Austin solar industry already employs more than 800 people and many of those jobs are in solar installation and can’t be outsourced,” said Kaiba White of Solar Austin.  “Money spent on local solar goes back into our local economy.  Allowing people from all walks of life to benefit from solar is a win-win for Austin.”

A separate resolution was also passed to establish a task force to make recommendations on expanding the utility’s energy savings goal and ensuring that energy efficiency services are provided to people of all income levels. Energy efficiency is the most easily deployed, lowest-cost option for meeting energy needs and will be a critical component of meeting climate goals for the utility.

The City of Austin has long been a leader in Texas and nationally. The City announced its plans to power all city buildings and operations with Texas wind power in 2012, and earlier in 2014 Austin Energy announced a new solar power project at the lowest cost in U.S. history. In June 2014, the Austin City Council became first elected body in the nation to endorse the goals of the Clean Power Plan, the U.S. Environmental Protection Agency’s proposed plan to curb carbon pollution that drives climate disruption.

“The impacts of a rapidly changing climate are clear in Central Texas and as a progressive community we have a moral obligation to lead in reducing our carbon footprint while providing clean, affordable electricity to our people, businesses and churches,” said Reverend John Elford with the University United Methodist Church of Austin. “This resolution sets us on a path to meet both those needs.”

The Decker natural gas-fired power plant is a major contributor to smog pollution in Travis County. Replacing the plant with clean solar power will cut smog and improve air quality for the more than one million residents in the county, protecting children, seniors and people suffering from asthma and other respiratory illnesses.

“In its opposition to this resolution, Austin Energy continued the tradition of marginalizing the communities near Decker by citing money as a primary concern at the expense public health. By passing this resolution, City Council members have finally recognized that every Austinite should have the right to clean air. That this is an issue of justice and that it is an issue of equality,” said Mayte Salazar-Ordonez, a volunteer leader with Austin Beyond Coal.

As Austin Energy develops its plan to meet the goals of the Affordable Energy Resolution, building new gas- or coal-fired power plants will not be an option, representing an opportunity to move beyond traditional power plants and further tap Texas’s renewable energy potential.

The coalition will now look to secure timely retirement of the Fayette coal-fired power plant to meet the city’s carbon pollution elimination goal as well as to cut the soot, smog and mercury pollution coming from the plant that impacts local communities, farms and waterways. Nationwide, 178 coal-fired power plants have been announced for retirement as clean energy solutions like wind, solar and energy efficiency have cut air pollution, lowered costs for consumers and created jobs.

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EPA’s Clean Power Plan to Reduce Climate Change Impacts from Power Plants

Posted in Air Quality, Coal, Coal Plants, Efficiency, Energy, green jobs, tagged , , , , on June 3, 2014 |

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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Tonawanda Coke Coal Plant Receives Large Fine for Violating the Clean Air Act in NY

Posted in Coal, Coal Plants, Health, Safety, tagged , , , , , , on April 4, 2014 |

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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Duke Energy Under Criminal Investigation for Illegal Pumping of Coal Ash

Posted in Coal, Coal Plants, Energy, Safety, Toxics, Water, tagged , , , , , , on March 27, 2014 |

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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Engaged Citizens Leave Standing Room Only at Public Hearing on the Austin Energy 10 Year Energy Plan

Posted in Air Quality, Austin Energy, Climate Change, Coal, Coal Plants, Consumers, drought, Efficiency, Energy, Fracking, Global Warming, Health, natural gas, Renewables, solar, Water, wind, tagged , , , on March 18, 2014 |

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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I Bet You Actually Care About Austin Energy’s Generation Plan

Posted in Air Quality, Austin Energy, Climate Change, Coal, Coal Plants, drought, Energy, Fracking, geothermal, Global Warming, green jobs, Health, Jobs, natural gas, Renewables, solar, Water, wind, tagged , , , , on February 25, 2014 |

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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Up to 82,000 Tons of Toxic Coal Ash Spill Into North Carolina River

Posted in Climate Change, Coal, Coal Plants, Energy, Global Warming, Health, Right to know, Safety, Toxics, Water, tagged , , , , , , on February 6, 2014 |

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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Citizens Group Challenges Permit for EFH/Luminant Coal Mine: Demands Cash Bond for Cleanup

Posted in Air Quality, Coal Plants, TCEQ, tagged , , , , on October 29, 2013 |

Neighbors for Neighbors (NFN), an organization of residents near Luminant Mining’s Three Oaks Mine, filed late Monday for a contested case hearing on an EFH subsidiary’s request to renew the mining operation in Lee and Bastrop counties.

In its filing, NFN asks the Texas Railroad Commission, the agency that administers mining law in Texas, to require Luminant Mining to post cash or an outside bond to cover the estimated  $60 million cost of cleaning up the strip mine. The group points out since EFH, the parent company of Luminant Mining, is expected to file for bankruptcy by the end of this year, there may not be funds to cover the cost of cleanup.  Click here to see a copy of the filing.

“Does a company have to go bankrupt and walk away from its mines in order for regulators to step in?” asked NFN president Travis Brown. “It would be the height of irresponsibility for Texas to allow a company going bankrupt to say, ‘Trust us, we’re good for it.’ We want Luminant Mining to post real bonds to assure that the mining restoration gets done.”

Russel Bostic, a local rancher and NFN member, said “I live next to the mine, and the company has condemned and is planning to use my land. My family wants our land to be restored to its original condition so we can return.”

Lignite coal mined at Three Oaks is used to supply Luminant’s two coal-fired power plants near Rockdale.

Under federal and state law, mining companies are required to restore mined areas to their original condition.  Those companies must also set aside money so resources will be available for the restoration, even if the company abandons the mine.  The law was created because many U.S. mines were abandoned when companies went bankrupt, leading to contamination of surface water and groundwater.

In Texas, Luminant Mining is responsible for the operation and cleanup of eleven active strip mines. If EFH goes bankrupt and sufficient cash has not been set aside for cleanup, taxpayers could end up with the estimated $1.01 billion cost of cleaning up all the mines.

Instead of requiring that $1.01 billion be set aside in cash or a real bond, the Railroad Commission allowed Luminant to “self-bond,” which means the company is relying on a “guarantee” that their own assets will cover the bonds without having real cash bonds set aside that the state can readily access.  In recent years, EFH has shifted to third party guarantee of the bonds, but the third party is another subsidiary of EFH, so still them.

In its current request for a mining permit for Three Oaks, Luminant Mining is again asking to post a self-bond for cleanup.

Brown said, “The company recently said in a community meeting at the mine that they intend to pledge assets for the cleanup bond. They said they need to operate the mines and coal plants to generate revenues to pay the new debt.  But nowhere in their most recent 8K [financial statement to SEC] do they make that commitment.”

Brown added, “This is especially disturbing since the company also says – in the same 8K – that they expect the price of gas to go up and coal to stay low. That’s the same poor business plan that has led to this bankruptcy.”

Michele Gangnes, an NFN member and a bond attorney, said “The law is clear, and Texas regulators should take immediate action to demand a cash bond so taxpayers and the environment are protected.”

Gangnes added, “In many states, Luminant Mining would be required to put up a cash bond before allowing the Tree oaks mine to expand. But EFH has been playing a shell-game, and state regulators have allowed it. We are asking the Railroad Commission to guarantee that EFH has to set cash aside or post a third-party bond specifically for cleanup of the mines in this bankruptcy deal.”

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A Missed Opportunity for Cleaner Air in Texas

Posted in Air Quality, Coal Plants, Health, TCEQ, tagged , , , , , , , , , , , , , on October 23, 2013 |

Instead of taking action to clean Texas air, as requested by the Dallas County Medical Society, Texas Commission on Environmental Quality (TCEQ) Chairman Bryan Shaw and Commissioner Toby Baker voted today to deny the petition for rulemaking and further postpone needed air quality improvements for East Texas and the Dallas-Fort Worth areas.

The DFW area has struggled with unhealthy levels of ground-level ozone pollution – caused emissions from vehicles and power plants mixing in the sunlight – for decades.  While improvements in air quality have been made, they have lagged behind tightening air quality standards set by EPA to protect public health.  Asthma rates – particularly among children – have continued to rise, as well as hospitalizations due to asthma.

Martin_Lake

In addition to contributing to ozone problems in East Texas & the DFW area, Luminant’s Martin Lake coal plant emits more toxic mercury than any other power plant in the nation, ranks 5th in carbon dioxide emissions & is responsible for $328,565,000 in health impacts from fine particle emissions.

Meanwhile, Luminant continues to operate three coal-fired power plants with a total of eight generating units in East Texas that were build in the 1970’s.  These outdated facilities emit nitrogen oxides (NOx) – which is one of the two ingredients in ozone creation – at twice the rate of new coal plants in Texas.  The rule changes recommended by the Dallas County Medical Society would have required those old coal plants to meet the same standards as new coal plants by 2018 – giving the plant owners more than ample time to make the upgrades or arrange to retire the facilities.

Instead of focusing on whether or not reducing NOx emissions from those old coal plants in East Texas would lead to reductions in ground-level ozone in the DFW area, the Commissioners persisted in questioning the science that shows that exposure to ground-level ozone results in increased and worsened incidents of asthma.  Never mind that the research has been vetted by the EPA and reaffirmed by health organizations including the American Lung Association.  The mindset at TCEQ, as at many of our agencies and with far too many of our elected officials, is that Texas knows best and industry must be protected at all costs.

We appreciate the more than 1,400 Public Citizen supporters who signed our petition in support of reducing emissions and protecting public health.  All of those comments were submitted into the record and I read a few of them allowed at today’s hearing.

We will continue to fight for healthy air as TCEQ moves forward with developing a updated State Implementation Plan (SIP) to bring the DFW area into attainment with ground-level ozone air quality standards.  That process will be ongoing in 2014, so stay tuned.

 

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EPA to hold public events in 11 cities on their new carbon emission rule.

Posted in Air Quality, Climate Change, Coal, Coal Plants, Global Warming, tagged , , on September 30, 2013 |

The public will soon get a chance to present ideas and feedback to EPA officials on the agency’s plan to require existing power plants to cut their carbon emissions.

The agency will hold a series of 11 public events around the country over the next two months, the agency announced today.

The EPA plans to set guidelines that will allow states to design programs to reduce carbon emissions from power plants, which account for a third of the nation’s greenhouse gas emissions, the agency said in a statement. Those proposals are scheduled to be released in June 2014.

“Before proposing guidelines, EPA must consider how power plants with a variety of different configurations would be able to reduce carbon pollution in a cost-effective way,” the agency said.

The public hearings will be:
(more…)

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Is Houston Cleaner Than Your Town?

Posted in Air Quality, Climate Change, Coal, Coal Plants, Energy, Global Warming, green jobs, Renewables, solar, wind, tagged , , , , , , , , , , , , , on June 22, 2013 |

wind_turbine_aalborgProbably not overall, but the City of Houston has made a historic commitment – to buy half its power from renewable sources.

Houston was built around the oil and gas industries and has long suffered the consequences of being home to many of the nation’s most polluting refining and chemical manufacturing facilities.  Purchasing clean energy for the City’s facilities won’t change all that, but it does represent a significant change in mindset.

In the absence of federal legislation to address the increasingly pressing problem of climate change, local action has become essential.  At the very least, the energy used in public buildings – that taxpayers pay for – should be clean energy.  Houston is taking a huge step in that direction.

Wind energy is already one of the cheaper energy sources in Texas and solar energy is becoming competitive, especially as prices increase with higher energy demand.  These trends will be helped by large-scale investments like the one Houston is making.

Moving away from energy from coal-fired power plants will also help keep jobs growing in Texas.  Luckily, this isn’t an issue of jobs vs. the environment.  It’s an easy choice of supporting both.  Kudos to Houston to for recognizing an opportunity to take a leadership role.

Talk to your local elected officials about using clean energy to power your public buildings.

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Public Citizen’s Legislative Wrap-Up: Where We Made Progress & Avoided Backsliding

Posted in Air Quality, Austin Energy, Budget, Climate Change, Coal, Coal Plants, Diesel, Efficiency, Energy, Global Warming, Nuclear, pipelines, Radioactive Waste, Renewables, solar, Sunset, Tarsands, Texas Legislature, Utilities, wind, tagged , , , , , , , , , , , , , , , , , , , on June 17, 2013 |

Texas Capitol - north viewWith the regular session behind us and energy and environmental issues not likely to find a place in the special session, it’s a good time to look at what we accomplished.

Our wins came in two forms – bills that passed that will actually improve policy in Texas and bills that didn’t pass that would have taken policy in the wrong direction.

We made progress by helping to get bills passed that:

  • Expand funding for the Texas Emissions Reduction Plan (TERP) by about 40%;
  • Create a program within TERP to replace old diesel tractor trailer trucks used in and around ports and rail yards (these are some of the most polluting vehicles on the road);
  • Establish new incentives within TERP for purchasing plug-in electric cars; and
  • Assign authority to the Railroad Commission (RRC) to regulate small oil and gas lines (these lines, known as gathering lines, are prone to leaks); and
  • Allows commercial and industrial building owners to obtain low-cost, long-term private sector financing for water conservation and energy-efficiency improvements, including on-site renewable energy, such as solar.

We successfully helped to stop or improve bad legislation that would have:

  • Eliminated hearings on permits for new pollution sources (the contested case hearing process is crucial to limiting pollution increases);
  • Eliminated additional inspections for facilities with repeated pollution violations;
  • Weakened protections against utilities that violate market rules and safety guidelines;
  • Eliminated property tax breaks for wind farms, while continuing the policy for other industries;
  • Granted home owners associations (HOAs) authority to unreasonably restrict homeowners ability to install solar panels on their roofs; and
  • Permitted Austin City Council to turn control of Austin Energy over to an unelected board without a vote by the citizens of Austin.

We did lose ground on the issue of radioactive waste disposal.  Despite our considerable efforts, a bill passed that will allow more highly radioactive waste to be disposed of in the Waste Control Specialists (WCS) facility in west Texas.  Campaign contributions certainly played an important roll in getting the bill passed.

We were also disappointed by Governor Perry’s veto of the Ethics Commission sunset bill, which included several improvements, including a requirement that railroad commissioners resign before running for another office, as they are prone to do.  Read Carol’s post about this bill and the issue.

With the legislation over and Perry’s veto pen out of ink, we now shift our attention to organizing and advocating for a transition from polluting energy sources that send money out of our state to clean energy sources that can grow our economy.

We’re working to:

  • Promote solar energy at electric cooperatives and municipal electric utilities;
  • Speed up the retirement of old, inefficient, polluting coal-fired power plants in east Texas;
  • Protect our climate and our port communities throughout the Gulf states from health hazards from new and expanded coal export facilities;
  • Fight permitting of the Keystone XL and other tar sands pipelines in Texas;
  • Ensure full implementation of improvements made to TERP; and
  • Develop an environmental platform for the 2014 election cycle.

Our power comes from people like you getting involved – even in small ways, like writing an email or making a call.  If you want to help us work for a cleaner, healthier, more sustainable future, email me at kwhite@citizen.org.  And one of the best things you can do is to get your friends involved too.

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Texas Clean Energy Goals Under Attack

Posted in Coal, Coal Plants, Consumers, Efficiency, Energy, Fracking, green jobs, natural gas, renewable portfolio standard, Renewables, solar, Texas Legislature, Water, wind, tagged , , , , , , , , , , , , , , on March 27, 2013 |

It wouldn’t be a Texas legislative session without some truly backwards bills.  Today we have House Bill 2026 by freshman Representative Sanford of Collin county that would eliminate our state renewable energy goals.

BeachWindIn 1999, the state of Texas made a commitment to renewable energy in the form of the renewable portfolio standard (RPS).  That decision played a major role in spurring the development of the wind industry in Texas.

We have now exceeded the renewable energy goals established in the 2005 update to the RPS and Texas has more wind energy capacity than any other state.[1]  On the surface that may seem to indicate that the RPS has been 100% successful and is no longer needed, but that isn’t the case.

One of the major reasons for establishing the RPS was to encourage diversification of our energy sources, which ultimately makes us more resilient to physical and economic forces that can impact the availability and price of energy sources.  While wind energy has increased from zero percent when the RPS was first established to around ten percent today, other renewable energy sources are still largely absent from our energy portfolio.

With more solar energy potential than any other state, Texas should be the center point of the solar industry as well.[2]  Instead we are lagging behind states with far less solar resources, such as New Jersey and Pennsylvania,[3] and are paying the price in missed opportunities for job growth and new generation capacity that can produce during peak demand.

Solar companies invest in California and other states, because smart policies created attractive markets in those places.  California has 1,505 solar companies compared to Texas’ 260. Even New Jersey has more, with 382.[4] Texas should be doing more, not less to attract solar businesses to our state.

SolarInstallProjections showing that we won’t have enough electricity to meet demand by 2020.[5]  The maximum wholesale price of electricity has been set to triple by 2015, without even determining what the cost to consumers will be.  There have been workshops and meetings to consider the prospect of implementing a capacity market in Texas, which would raise costs even more.  But little time has been spent considering simpler, cheaper solutions such as expanding efficiency and demand response (where customers get paid to reduce there energy usage for short periods of time when demand is high) and getting more solar capacity built in Texas.  Solar is most productive when we need it the most – on hot, sunny afternoons.

The RPS should be retooled to focus on solar and other renewable energy resources that are most capable of producing during peak demand.  Millions of dollars could be saved in the wholesale electric market if we had more solar panels installed.[6]

Solar, like wind, also has the benefit of needing very little water to operate.  Solar photovoltaic (PV) installations need an occasional cleaning to keep performance high, but the amount of water need is minimal in comparison to fossil fuel options.  Coal-fired generators need billions of gallons of water to operate each year[7] and while natural gas-fired generations consume less water than coal-fired generators, they still use more than solar, even without accounting for the millions of gallons of water used to extract the gas with hydraulic fracturing.[8]  Including more renewable energy in our portfolio will make our electric grid less vulnerable to drought[9] and will free up water supplies that are desperately needed for human consumption and agriculture.

Abandoning the RPS now would send a terrible signal to renewable energy companies that are deciding where to establish their businesses.  Our state made a commitment that isn’t set to expire until 2025 at the earliest.  There is no good reason to abandon the policy now.  We should be moving in the opposite direction of what is proposed in HB 2026.  Instead of giving up on a policy that has been successful, we should be looking at ways to build on that success and benefit our state.

[1] AWEA. “Wind Energy Facts: Texas.” Oct 2012. http://www.awea.org/learnabout/publications/factsheets/upload/3Q-12-Texas.pdf.

[2] NREL. “U.S. Renewable Energy Technical Potentials: A GIS Based Analysis.” July, 2012. Pg. 10-13. http://www.nrel.gov/docs/fy12osti/51946.pdf.

[3] SEIA. Solar Industry Data. http://www.seia.org/research-resources/solar-industry-data#state_rankings.

[4] SEIA. State Solar Policy. http://www.seia.org/policy/state-solar-policy.

[5] “Report on the Capacity, Demand, and Reserves in the ERCOT Region.” Dec 2012. Pg 8. http://www.ercot.com/content/news/presentations/2012/CapacityDemandandReservesReport_Winter_2012_Final.pdf.

[6] Weiss, Jurgen, Judy Chang and Onur Aydin. “The Potential Impact of Solar PV on Electricity Markets in Texas.” The Brattle Group.  June 19, 2012. http://www.seia.org/sites/default/files/brattlegrouptexasstudy6-19-12-120619081828-phpapp01.pdf.

[7] “Environmental impacts of coal power: water use” Union of Concerned Scientists http://www.ucsusa.org/clean_energy/coalvswind/c02b.html

[8] http://www.ucsusa.org/clean_energy/our-energy-choices/energy-and-water-use/water-energy-electricity-natural-gas.html

[9] Wu, M. and M. J. Peng.  “Developing a Tool to Estimate Water Use in Electric Power Generation in the United States.” Argonne National Laboratory – U.S. Department of Energy. http://greet.es.anl.gov/publication-watertool.

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Tell TCEQ grading polluters on a curve doesn’t improve our air, our water or our health. And, oh yes, thanks for extending the comment period.

Posted in Air Quality, Coal Plants, Toxics, Water, tagged , , on March 7, 2012 |

Comment Period Extended to March  23rd

The Texas Commission for Environmental Quality is the second largest environmental agency in the world—with a budget to match. Help hold TCEQ accountable for taxpayer’s interests and stop them from implementing rules that favor polluting businesses.

TCEQ’s Mission Statement and Agency Philosophy includes a commitment to “ensure meaningful public participation in the decision-making process.”  Frankly, that did not translate into practice last week.  At the public hearing on Tuesday, March 6th, Public Citizen testified about our experience attempting to gain access to an agency analysis of the proposed changes to Chapter 60 (Compliance History) rule on a previous report that is accessible on TCEQ’s website as an ASCII file which can be imported into an excel spreadsheet. (more…)

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