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Posts Tagged ‘army corps of engineers’

The dramatic irony of the Texas Commission on Environmental Quality (TCEQ) decision this morning to grant the NRG Limestone Coal Plant an air permit (and therefore permission to begin construction on a third smokestack) is painful.  At the very moment that leaders from around the world are meeting to come to an international agreement to save the world from catastrophic global warming, at the very moment that residents of developing nations are begging for the continued existence of their land and way of life, Texas gives the green light to build another mercury-spewing, asthma-inducing, planet choking coal plant.

Not exactly what I was hoping to wake up to this morning.

This decision also comes just days after the Environmental Protection Agency (EPA) came out with its engangerment finding, which says that carbon dioxide and other greenhouse gases represent a significant threat to public health and welfare.  Earlier this year, the EPA also ruled that TCEQ has not been adhering to the Clean Air Act in its issuance of new air permits.  This is the first coal plant permit that TCEQ has issued since that warning (which TCEQ doesn’t seem to have taken to heart).  AND, according to Karen Hadden, executive director of SEED Coalition,

The TCEQ is not following federal law (Maximum Achievable Control Technology or MACT) in issuing this permit and a result, mercury emissions will be higher.

So many hearts to break, so little time. But of course there’s always a silver lining. Next legislative session, the TCEQ (and a whole host of other commissions) will undergo the Sunset Review process — and as Tom “Smitty” Smith, director of Public Citizen’s Texas Office mentions, that gives Texas a chance to reform the TCEQ permitting process:

This is just another example of why the Sunset Commission should take a good hard look at how TCEQ rubber stamps permits for coal plants in Texas.

In the meantime, keep your fingers crossed for progress in Copenhagen, and stay tuned at Texas Vox for more information on how you can help fight global warming and a 2nd Texas coal rush.

Full breakdown of the good (NRG has agreed to offset 50% of their emissions, though there’s nothing in their permit to hold them to that), the bad, and the ugly after the jump:

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The EPA in the last day or so has assumed the dreaded playground title of “taker backer”. Tuesday, Lisa Jackson announced that they would be putting a moratorium on all mountain top removal mining permits, which could delay 150-200 surface coal mines. Yay for the environment right? Well, not so fast. Later that day the announcement was made that they weren’t actually putting any type of hold on mining permits, and that they were simply reviewing two of them.

Check out the EPA’s official, and somewhat grumpy, statement:

The Environmental Protection Agency is not halting, holding or placing a moratorium on any of the mining permit applications. Plain and simple. EPA has issued comments on two pending permit applications to the U.S. Army Corps of Engineers expressing serious concerns about the need to reduce the potential harmful impacts on water quality. EPA will take a close look at other permits that have been held back because of the 4th Circuit litigation. We fully anticipate that the bulk of these pending permit applications will not raise environmental concerns. In cases where a permit does raise environmental concerns, we will work expeditiously with the Army Corps of Engineers to determine how these concerns can be addressed. EPA’s submission of comments to the Corps on draft permits is a well-established procedure under the Clean Water Act to assure that environmental considerations are addressed in the permitting process.

So put away the champagne; the fight’s not over yet. But we are moving forward in the battle. At least they are finally looking at these mining permits permits seriously, as opposed to the flat denial of potential harm we heard from the Bush administration. Additional good news is that last week, in conjunction with a week-long lobbying campaign against mountain top removal, Senators Lamar Alexander and Benjamin Cardin sponsored a ban on the dumping of mine waste into streams.

While it is a little upsetting to have fallen victim to the one of the most severe cases of environmental Taker Backering in history,  there is still hope for the future. We may not be getting the silver bullet we thought, but if the current EPA is even willing to address these types of problems, we’re still in a better place than we were a year ago.

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MOST EXCELLENT news from Dina Cappiello at the Associated Press:

WASHINGTON – The Environmental Protection Agency put hundreds of mountaintop coal-mining permits on hold Tuesday, saying it wants to evaluate the projects’ impact on streams and wetlands.

The decision by EPA administrator Lisa Jackson targets a controversial practice that allows coal mining companies to dump waste from mountaintop mining into streams and wetlands.

It could delay 150-200 surface coal mines, including mountaintop removal operations, according to the EPA.

Those permits are issued by the Army Corps of Engineers, an agency that has been criticized by environmental groups and has been sued for failing to thoroughly evaluate the environmental impact of mountaintop removal.

Under the Clean Water Act, companies cannot discharge rock, dirt and other debris into streams unless they can show that it will not cause permanent damage to waterways or the fish and other wildlife that live in them.

Last month, a three-judge appeals panel in Richmond, Va., overturned a lower court’s ruling that would have required the Corps to conduct more extensive reviews. The appeals court decision cleared the way for a backlog of permits that had been delayed until the lawsuit was resolved.

The EPA’s action on Tuesday leaves those permit requests in limbo a little longer.

The EPA said in a statement that it would be actively involved in the review of the long list of permits awaiting approval by the Corps, a signal that the agency under the Obama administration will exercise its oversight. The EPA has the authority to review and veto any permit issued by the Corps under the Clean Water Act, but under the Bush administration it did that rarely, environmentalists say.

The freeze only appears to apply to permits for new mines, and not those already in operation, but just the same — this is truly fantastic news for opponents of coal, the communities living near these mountains, and the environment in general.  Happy Day! Purple Mountains Majesty! Yonder Mountain String Band! Rocky Mountain High! My Home is in the Blue Ridge Mountains!

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